[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2806 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 424
114th CONGRESS
  2d Session
                                S. 2806

                          [Report No. 114-237]

  Making appropriations for military construction, the Department of 
   Veterans Affairs, and related agencies for the fiscal year ending 
              September 30, 2017, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 18, 2016

Mr. Kirk, from the Committee on Appropriations, reported the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
  Making appropriations for military construction, the Department of 
   Veterans Affairs, and related agencies 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 military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2017, and for other purposes, namely:

                                TITLE I

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Army as currently authorized by 
law, including personnel in the Army Corps of Engineers and other 
personal services necessary for the purposes of this appropriation, and 
for construction and operation of facilities in support of the 
functions of the Commander in Chief, $532,359,000, to remain available 
until September 30, 2021.

              Military Construction, Navy and Marine Corps

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, facilities, 
and real property for the Navy and Marine Corps as currently authorized 
by law, including personnel in the Naval Facilities Engineering Command 
and other personal services necessary for the purposes of this 
appropriation, $1,087,572,000, to remain available until September 30, 
2021.

                    Military Construction, Air Force

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Air Force as currently authorized 
by law, $1,579,798,000, to remain available until September 30, 2021.

                  Military Construction, Defense-Wide

                     (including transfer of funds)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and 
real property for activities and agencies of the Department of Defense 
(other than the military departments), as currently authorized by law, 
$2,038,980,000, to remain available until September 30, 2021:  
Provided, That such amounts of this appropriation as may be determined 
by the Secretary of Defense may be transferred to such appropriations 
of the Department of Defense available for military construction or 
family housing as the Secretary may designate, to be merged with and to 
be available for the same purposes, and for the same time period, as 
the appropriation or fund to which transferred.

               Military Construction, Army National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army National Guard, and contributions therefor, as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $232,930,000, to remain available until September 
30, 2021.

               Military Construction, Air National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $143,957,000, to remain available until September 
30, 2021.

                  Military Construction, Army Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $68,230,000, to 
remain available until September 30, 2021.

                  Military Construction, Navy Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $38,597,000, to remain available until September 
30, 2021.

                Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $188,950,000, to 
remain available until September 30, 2021.

                   North Atlantic Treaty Organization

                      Security Investment Program

    For the United States share of the cost of the North Atlantic 
Treaty Organization Security Investment Program for the acquisition and 
construction of military facilities and installations (including 
international military headquarters) and for related expenses for the 
collective defense of the North Atlantic Treaty Area as authorized by 
section 2806 of title 10, United States Code, and Military Construction 
Authorization Acts, $177,932,000, to remain available until expended.

               Department of Defense Base Closure Account

    For deposit into the Department of Defense Base Closure Account, 
established by section 2906(a) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), $205,237,000, to remain 
available until expended.

             Family Housing Operation and Maintenance, Army

    For expenses of family housing for the Army for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $325,995,000.

    Family Housing Operation and Maintenance, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
operation and maintenance, including debt payment, leasing, minor 
construction, principal and interest charges, and insurance premiums, 
as authorized by law, $300,915,000.

          Family Housing Operation and Maintenance, Air Force

    For expenses of family housing for the Air Force for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $274,429,000.

         Family Housing Operation and Maintenance, Defense-Wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
operation and maintenance, leasing, and minor construction, as 
authorized by law, $59,157,000.

         Department of Defense Family Housing Improvement Fund

    For the Department of Defense Family Housing Improvement Fund, 
$3,258,000, to remain available until expended, for family housing 
initiatives undertaken pursuant to section 2883 of title 10, United 
States Code, providing alternative means of acquiring and improving 
military family housing and supporting facilities.

                   Family Housing Construction, Army

    For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $200,735,000, to remain available 
until September 30, 2021.

           Family Housing Construction, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expansion, 
extension, and alteration, as authorized by law, $94,011,000, to remain 
available until September 30, 2021.

                 Family Housing Construction, Air Force

    For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $61,352,000, to remain available 
until September 30, 2021.

                       Administrative Provisions

    Sec. 101.  None of the funds made available in this title shall be 
expended for payments under a cost-plus-a-fixed-fee contract for 
construction, where cost estimates exceed $25,000, to be performed 
within the United States, except Alaska, without the specific approval 
in writing of the Secretary of Defense setting forth the reasons 
therefor.
    Sec. 102.  Funds made available in this title for construction 
shall be available for hire of passenger motor vehicles.
    Sec. 103.  Funds made available in this title for construction may 
be used for advances to the Federal Highway Administration, Department 
of Transportation, for the construction of access roads as authorized 
by section 210 of title 23, United States Code, when projects 
authorized therein are certified as important to the national defense 
by the Secretary of Defense.
    Sec. 104.  None of the funds made available in this title may be 
used to begin construction of new bases in the United States for which 
specific appropriations have not been made.
    Sec. 105.  None of the funds made available in this title shall be 
used for purchase of land or land easements in excess of 100 percent of 
the value as determined by the Army Corps of Engineers or the Naval 
Facilities Engineering Command, except: (1) where there is a 
determination of value by a Federal court; (2) purchases negotiated by 
the Attorney General or the designee of the Attorney General; (3) where 
the estimated value is less than $25,000; or (4) as otherwise 
determined by the Secretary of Defense to be in the public interest.
    Sec. 106.  None of the funds made available in this title shall be 
used to: (1) acquire land; (2) provide for site preparation; or (3) 
install utilities for any family housing, except housing for which 
funds have been made available in annual Acts making appropriations for 
military construction.
    Sec. 107.  None of the funds made available in this title for minor 
construction may be used to transfer or relocate any activity from one 
base or installation to another, without prior notification to the 
Committees on Appropriations of both Houses of Congress.
    Sec. 108.  None of the funds made available in this title may be 
used for the procurement of steel for any construction project or 
activity for which American steel producers, fabricators, and 
manufacturers have been denied the opportunity to compete for such 
steel procurement.
    Sec. 109.  None of the funds available to the Department of Defense 
for military construction or family housing during the current fiscal 
year may be used to pay real property taxes in any foreign nation.
    Sec. 110.  None of the funds made available in this title may be 
used to initiate a new installation overseas without prior notification 
to the Committees on Appropriations of both Houses of Congress.
    Sec. 111.  None of the funds made available in this title may be 
obligated for architect and engineer contracts estimated by the 
Government to exceed $500,000 for projects to be accomplished in Japan, 
in any North Atlantic Treaty Organization member country, or in 
countries bordering the Arabian Gulf, unless such contracts are awarded 
to United States firms or United States firms in joint venture with 
host nation firms.
    Sec. 112.  None of the funds made available in this title for 
military construction in the United States territories and possessions 
in the Pacific and on Kwajalein Atoll, or in countries bordering the 
Arabian Gulf, may be used to award any contract estimated by the 
Government to exceed $1,000,000 to a foreign contractor:  Provided, 
That this section shall not be applicable to contract awards for which 
the lowest responsive and responsible bid of a United States contractor 
exceeds the lowest responsive and responsible bid of a foreign 
contractor by greater than 20 percent:  Provided further, That this 
section shall not apply to contract awards for military construction on 
Kwajalein Atoll for which the lowest responsive and responsible bid is 
submitted by a Marshallese contractor.
    Sec. 113.  The Secretary of Defense shall inform the appropriate 
committees of both Houses of Congress, including the Committees on 
Appropriations, of plans and scope of any proposed military exercise 
involving United States personnel 30 days prior to its occurring, if 
amounts expended for construction, either temporary or permanent, are 
anticipated to exceed $100,000.
    Sec. 114.  Funds appropriated to the Department of Defense for 
construction in prior years shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress.
    Sec. 115.  For military construction or family housing projects 
that are being completed with funds otherwise expired or lapsed for 
obligation, expired or lapsed funds may be used to pay the cost of 
associated supervision, inspection, overhead, engineering and design on 
those projects and on subsequent claims, if any.
    Sec. 116.  Notwithstanding any other provision of law, any funds 
made available to a military department or defense agency for the 
construction of military projects may be obligated for a military 
construction project or contract, or for any portion of such a project 
or contract, at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were made available, 
if the funds obligated for such project: (1) are obligated from funds 
available for military construction projects; and (2) do not exceed the 
amount appropriated for such project, plus any amount by which the cost 
of such project is increased pursuant to law.

                     (including transfer of funds)

    Sec. 117.  Subject to 30 days prior notification, or 14 days for a 
notification provided in an electronic medium pursuant to sections 480 
and 2883 of title 10, United States Code, to the Committees on 
Appropriations of both Houses of Congress, such additional amounts as 
may be determined by the Secretary of Defense may be transferred to: 
(1) the Department of Defense Family Housing Improvement Fund from 
amounts appropriated for construction in ``Family Housing'' accounts, 
to be merged with and to be available for the same purposes and for the 
same period of time as amounts appropriated directly to the Fund; or 
(2) the Department of Defense Military Unaccompanied Housing 
Improvement Fund from amounts appropriated for construction of military 
unaccompanied housing in ``Military Construction'' accounts, to be 
merged with and to be available for the same purposes and for the same 
period of time as amounts appropriated directly to the Fund:  Provided, 
That appropriations made available to the Funds shall be available to 
cover the costs, as defined in section 502(5) of the Congressional 
Budget Act of 1974, of direct loans or loan guarantees issued by the 
Department of Defense pursuant to the provisions of subchapter IV of 
chapter 169 of title 10, United States Code, pertaining to alternative 
means of acquiring and improving military family housing, military 
unaccompanied housing, and supporting facilities.

                     (including transfer of funds)

    Sec. 118.  In addition to any other transfer authority available to 
the Department of Defense, amounts may be transferred from the 
Department of Defense Base Closure Account to the fund established by 
section 1013(d) of the Demonstration Cities and Metropolitan 
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated 
with the Homeowners Assistance Program incurred under 42 U.S.C. 
3374(a)(1)(A). Any amounts transferred shall be merged with and be 
available for the same purposes and for the same time period as the 
fund to which transferred.
    Sec. 119.  Notwithstanding any other provision of law, funds made 
available in this title for operation and maintenance of family housing 
shall be the exclusive source of funds for repair and maintenance of 
all family housing units, including general or flag officer quarters:  
Provided, That not more than $35,000 per unit may be spent annually for 
the maintenance and repair of any general or flag officer quarters 
without 30 days prior notification, or 14 days for a notification 
provided in an electronic medium pursuant to sections 480 and 2883 of 
title 10, United States Code, to the Committees on Appropriations of 
both Houses of Congress, except that an after-the-fact notification 
shall be submitted if the limitation is exceeded solely due to costs 
associated with environmental remediation that could not be reasonably 
anticipated at the time of the budget submission:  Provided further,  
That the Under Secretary of Defense (Comptroller) is to report annually 
to the Committees on Appropriations of both Houses of Congress all 
operation and maintenance expenditures for each individual general or 
flag officer quarters for the prior fiscal year.
    Sec. 120.  Amounts contained in the Ford Island Improvement Account 
established by subsection (h) of section 2814 of title 10, United 
States Code, are appropriated and shall be available until expended for 
the purposes specified in subsection (i)(1) of such section or until 
transferred pursuant to subsection (i)(3) of such section.

                     (including transfer of funds)

    Sec. 121.  During the 5-year period after appropriations available 
in this Act to the Department of Defense for military construction and 
family housing operation and maintenance and construction have expired 
for obligation, upon a determination that such appropriations will not 
be necessary for the liquidation of obligations or for making 
authorized adjustments to such appropriations for obligations incurred 
during the period of availability of such appropriations, unobligated 
balances of such appropriations may be transferred into the 
appropriation ``Foreign Currency Fluctuations, Construction, Defense'', 
to be merged with and to be available for the same time period and for 
the same purposes as the appropriation to which transferred.
    Sec. 122.  Amounts appropriated or otherwise made available in an 
account funded under the headings in this title may be transferred 
among projects and activities within the account in accordance with the 
reprogramming guidelines for military construction and family housing 
construction contained in Department of Defense Financial Management 
Regulation 7000.14-R, Volume 3, Chapter 7, of February 2009, as in 
effect on the date of enactment of this Act.
    Sec. 123.  None of the funds made available in this title may be 
obligated or expended for planning and design and construction of 
projects at Arlington National Cemetery.
    Sec. 124.  For the purposes of this Act, the term ``congressional 
defense committees'' means the Committees on Armed Services of the 
House of Representatives and the Senate, the Subcommittee on Military 
Construction and Veterans Affairs of the Committee on Appropriations of 
the Senate, and the Subcommittee on Military Construction and Veterans 
Affairs of the Committee on Appropriations of the House of 
Representatives.
    Sec. 125.  For an additional amount for the accounts and in the 
amounts specified, to remain available until September 30, 2021:
            ``Military Construction, Army'', $40,500,000;
            ``Military Construction, Navy and Marine Corps'', 
        $143,000,000;
            ``Military Construction, Air Force'', $195,465,000;
            ``Military Construction, Defense-Wide'', $64,364,000;
            ``Military Construction, Army National Guard'', 
        $16,500,000;
            ``Military Construction, Air National Guard'', $11,000,000;
            ``Military Construction, Army Reserve'', $30,000,000;
            ``Family Housing Construction, Army'', $14,400,000:
  Provided, That such funds may only be obligated to carry out 
construction projects identified in the respective military 
department's unfunded priority list for fiscal year 2017 submitted to 
Congress:  Provided further, That such funds are subject to 
authorization prior to obligation and expenditure of funds to carry out 
construction:  Provided further, That not later than 30 days after 
enactment of this Act, the Secretary of the military department 
concerned, or their designee, shall submit to the Committees on 
Appropriations of both Houses of Congress an expenditure plan for funds 
provided under this section.

                         (rescissions of funds)

    Sec. 126.  Of the unobligated balances available to the Department 
of Defense from prior appropriation Acts, the following funds are 
hereby rescinded from the following accounts in the amounts specified:
            ``Military Construction, Army'', $30,000,000;
            ``Military Construction, Air Force'', $22,340,000;
            ``Military Construction, Defense-Wide'', $132,283,000; and
            ``North Atlantic Treaty Organization Security Investment 
        Program'', $15,000,000:
  Provided, That no amounts may be rescinded from amounts that were 
designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism or as an emergency requirement pursuant to a 
concurrent resolution on the budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended.
    Sec. 127.  Notwithstanding any other provision of law, none of the 
funds appropriated or otherwise made available by this or any other Act 
may be used to consolidate or relocate any element of a United States 
Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron 
Engineer (RED HORSE) outside of the United States until the Secretary 
of the Air Force (1) completes an analysis and comparison of the cost 
and infrastructure investment required to consolidate or relocate a RED 
HORSE squadron outside of the United States versus within the United 
States; (2) provides to the Committees on Appropriations of both Houses 
of Congress (``the Committees'') a report detailing the findings of the 
cost analysis; and (3) certifies in writing to the Committees that the 
preferred site for the consolidation or relocation yields the greatest 
savings for the Air Force:  Provided, That the term ``United States'' 
in this section does not include any territory or possession of the 
United States.
    Sec. 128.  None of the funds made available by this Act may be used 
to carry out the closure or transfer of the United States Naval 
Station, Guantanamo Bay, Cuba.

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                       compensation and pensions

                     (including transfer of funds)

    For the payment of compensation benefits to or on behalf of 
veterans and a pilot program for disability examinations as authorized 
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, 
United States Code; pension benefits to or on behalf of veterans as 
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United 
States Code; and burial benefits, the Reinstated Entitlement Program 
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial 
life insurance policies guaranteed under the provisions of title IV of 
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and 
for other benefits as authorized by sections 107, 1312, 1977, and 2106, 
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code, 
$90,119,449,000, to remain available until expended and to become 
available on October 1, 2017:  Provided, That not to exceed $17,224,000 
of the amount made available for fiscal year 2018 under this heading 
shall be reimbursed to ``General Operating Expenses, Veterans Benefits 
Administration'', and ``Information Technology Systems'' for necessary 
expenses in implementing the provisions of chapters 51, 53, and 55 of 
title 38, United States Code, the funding source for which is 
specifically provided as the ``Compensation and Pensions'' 
appropriation:  Provided further, That such sums as may be earned on an 
actual qualifying patient basis, shall be reimbursed to ``Medical Care 
Collections Fund'' to augment the funding of individual medical 
facilities for nursing home care provided to pensioners as authorized.

                         readjustment benefits

    For the payment of readjustment and rehabilitation benefits to or 
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 
36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code, 
$13,708,648,000, to remain available until expended and to become 
available on October 1, 2017:  Provided, That expenses for 
rehabilitation program services and assistance which the Secretary is 
authorized to provide under subsection (a) of section 3104 of title 38, 
United States Code, other than under paragraphs (1), (2), (5), and (11) 
of that subsection, shall be charged to this account.

                   veterans insurance and indemnities

    For military and naval insurance, national service life insurance, 
servicemen's indemnities, service-disabled veterans insurance, and 
veterans mortgage life insurance as authorized by chapters 19 and 21, 
title 38, United States Code, $124,504,000, to remain available until 
expended, of which $107,899,000 shall become available on October 1, 
2017.

                 veterans housing benefit program fund

    For the cost of direct and guaranteed loans, such sums as may be 
necessary to carry out the program, as authorized by subchapters I 
through III of chapter 37 of title 38, United States Code:  Provided, 
That such costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act of 1974:  
Provided further, That, during fiscal year 2017, within the resources 
available, not to exceed $500,000 in gross obligations for direct loans 
are authorized for specially adapted housing loans.
    In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $198,856,000.

            vocational rehabilitation loans program account

    For the cost of direct loans, $36,000, as authorized by chapter 31 
of title 38, United States Code:  Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in section 502 of 
the Congressional Budget Act of 1974:  Provided further, That funds 
made available under this heading are available to subsidize gross 
obligations for the principal amount of direct loans not to exceed 
$2,517,000.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $389,000, which may be paid to the appropriation 
for ``General Operating Expenses, Veterans Benefits Administration''.

          native american veteran housing loan program account

    For administrative expenses to carry out the direct loan program 
authorized by subchapter V of chapter 37 of title 38, United States 
Code, $1,163,000.

      general operating expenses, veterans benefits administration

    For necessary operating expenses of the Veterans Benefits 
Administration, not otherwise provided for, including hire of passenger 
motor vehicles, reimbursement of the General Services Administration 
for security guard services, and reimbursement of the Department of 
Defense for the cost of overseas employee mail, $2,856,160,000:  
Provided, That expenses for services and assistance authorized under 
paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38, 
United States Code, that the Secretary of Veterans Affairs determines 
are necessary to enable entitled veterans: (1) to the maximum extent 
feasible, to become employable and to obtain and maintain suitable 
employment; or (2) to achieve maximum independence in daily living, 
shall be charged to this account:  Provided further, That, of the funds 
made available under this heading, not to exceed 5 percent shall remain 
available until September 30, 2018.

                     Veterans Health Administration

                            medical services

    For necessary expenses for furnishing, as authorized by law, 
inpatient and outpatient care and treatment to beneficiaries of the 
Department of Veterans Affairs and veterans described in section 
1705(a) of title 38, United States Code, including care and treatment 
in facilities not under the jurisdiction of the Department, and 
including medical supplies and equipment, bioengineering services, food 
services, and salaries and expenses of healthcare employees hired under 
title 38, United States Code, aid to State homes as authorized by 
section 1741 of title 38, United States Code, assistance and support 
services for caregivers as authorized by section 1720G of title 38, 
United States Code, loan repayments authorized by section 604 of the 
Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital care and 
medical services authorized by section 1787 of title 38, United States 
Code; $1,078,993,000, which shall be in addition to funds previously 
appropriated under this heading that became available on October 1, 
2016; and, in addition, $44,886,554,000, plus reimbursements, shall 
become available on October 1, 2017, and shall remain available until 
September 30, 2018:  Provided, That, of the amount made available on 
October 1, 2017, under this heading, $1,400,000,000 shall remain 
available until September 30, 2019:  Provided further, That, 
notwithstanding any other provision of law, the Secretary of Veterans 
Affairs shall establish a priority for the provision of medical 
treatment for veterans who have service-connected disabilities, lower 
income, or have special needs:  Provided further, That, notwithstanding 
any other provision of law, the Secretary of Veterans Affairs shall 
give priority funding for the provision of basic medical benefits to 
veterans in enrollment priority groups 1 through 6:  Provided further, 
That, notwithstanding any other provision of law, the Secretary of 
Veterans Affairs may authorize the dispensing of prescription drugs 
from Veterans Health Administration facilities to enrolled veterans 
with privately written prescriptions based on requirements established 
by the Secretary:  Provided further, That the implementation of the 
program described in the previous proviso shall incur no additional 
cost to the Department of Veterans Affairs:  Provided further, That the 
Secretary of Veterans Affairs shall ensure that sufficient amounts 
appropriated under this heading for medical supplies and equipment are 
available for the acquisition of prosthetics designed specifically for 
female veterans.

                         medical community care

    For necessary expenses for furnishing health care to individuals 
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $7,246,181,000, plus reimbursements, of which 
$2,000,000,000 shall remain available until September 30, 2020; and, in 
addition, $9,409,118,000 shall become available on October 1, 2017, and 
shall remain available until September 30, 2018:  Provided, That of the 
amount made available on October 1, 2017, $1,500,000,000 shall remain 
available until September 30, 2021.

                     medical support and compliance

    For necessary expenses in the administration of the medical, 
hospital, nursing home, domiciliary, construction, supply, and research 
activities, as authorized by law; administrative expenses in support of 
capital policy activities; and administrative and legal expenses of the 
Department for collecting and recovering amounts owed the Department as 
authorized under chapter 17 of title 38, United States Code, and the 
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.), 
$6,654,480,000, plus reimbursements, shall become available on October 
1, 2017, and shall remain available until September 30, 2018:  
Provided, That, of the amount made available on October 1, 2017, under 
this heading, $100,000,000 shall remain available until September 30, 
2019.

                           medical facilities

    For necessary expenses for the maintenance and operation of 
hospitals, nursing homes, domiciliary facilities, and other necessary 
facilities of the Veterans Health Administration; for administrative 
expenses in support of planning, design, project management, real 
property acquisition and disposition, construction, and renovation of 
any facility under the jurisdiction or for the use of the Department; 
for oversight, engineering, and architectural activities not charged to 
project costs; for repairing, altering, improving, or providing 
facilities in the several hospitals and homes under the jurisdiction of 
the Department, not otherwise provided for, either by contract or by 
the hire of temporary employees and purchase of materials; for leases 
of facilities; and for laundry services; $495,100,000, which shall be 
in addition to funds previously appropriated under this heading that 
became available on October 1, 2016; and, in addition, $5,434,880,000, 
plus reimbursements, shall become available on October 1, 2017, and 
shall remain available until September 30, 2018:  Provided, That, of 
the amount made available on October 1, 2017, under this heading, 
$250,000,000 shall remain available until September 30, 2019.

                    medical and prosthetic research

    For necessary expenses in carrying out programs of medical and 
prosthetic research and development as authorized by chapter 73 of 
title 38, United States Code, $675,366,000, plus reimbursements, shall 
remain available until September 30, 2018:  Provided, That the 
Secretary of Veterans Affairs shall ensure that sufficient amounts 
appropriated under this heading are available for prosthetic research 
specifically for female veterans, and for toxic exposure research.

                    National Cemetery Administration

    For necessary expenses of the National Cemetery Administration for 
operations and maintenance, not otherwise provided for, including 
uniforms or allowances therefor; cemeterial expenses as authorized by 
law; purchase of one passenger motor vehicle for use in cemeterial 
operations; hire of passenger motor vehicles; and repair, alteration or 
improvement of facilities under the jurisdiction of the National 
Cemetery Administration, $286,193,000, of which not to exceed 10 
percent shall remain available until September 30, 2018.

                      Departmental Administration

                         general administration

                     (including transfer of funds)

    For necessary operating expenses of the Department of Veterans 
Affairs, not otherwise provided for, including administrative expenses 
in support of Department-wide capital planning, management and policy 
activities, uniforms, or allowances therefor; not to exceed $25,000 for 
official reception and representation expenses; hire of passenger motor 
vehicles; and reimbursement of the General Services Administration for 
security guard services, $417,959,000, of which not to exceed 5 percent 
shall remain available until September 30, 2018:  Provided, That funds 
provided under this heading may be transferred to ``General Operating 
Expenses, Veterans Benefits Administration''.

                       board of veterans appeals

    For necessary operating expenses of the Board of Veterans Appeals, 
$156,096,000, of which not to exceed 10 percent shall remain available 
until September 30, 2018:  Provided, That up to $2,500,000 may be 
available to facilitate the furnishing of legal and other assistance, 
without charge, to veterans and other individuals who are unable to 
afford the cost of legal representation in connection with a decision 
by the Board of Veterans Appeals under chapter 71 of title 38, United 
States Code, in accordance with the process and reporting procedures 
set forth in Public Law 102-229 under the heading ``Salaries and 
Expenses'' under the heading ``Court of Veterans Appeals'':  Provided 
further, That the Board of Veterans Appeals submits to the Committees 
on Appropriations of both Houses of Congress a certification that there 
is a substantial unmet need for pro bono representation before the 
Board of Veterans Appeals prior to expending funds for this purpose.

                     information technology systems

                     (including transfer of funds)

    For necessary expenses for information technology systems and 
telecommunications support, including developmental information systems 
and operational information systems; for pay and associated costs; and 
for the capital asset acquisition of information technology systems, 
including management and related contractual costs of said 
acquisitions, including contractual costs associated with operations 
authorized by section 3109 of title 5, United States Code, 
$4,278,259,000, plus reimbursements:  Provided, That $1,272,548,000 
shall be for pay and associated costs, of which not to exceed 
$37,100,000 shall remain available until September 30, 2018:  Provided 
further, That $2,534,442,000 shall be for operations and maintenance, 
of which not to exceed $180,200,000 shall remain available until 
September 30, 2018:  Provided further, That $471,269,000 shall be for 
information technology systems development, modernization, and 
enhancement, and shall remain available until September 30, 2018:  
Provided further, That amounts made available for information 
technology systems development, modernization, and enhancement may not 
be obligated or expended until the Secretary of Veterans Affairs or the 
Chief Information Officer of the Department of Veterans Affairs submits 
to the Committees on Appropriations of both Houses of Congress a 
certification of the amounts, in parts or in full, to be obligated and 
expended for each development project:  Provided further, That amounts 
made available for salaries and expenses, operations and maintenance, 
and information technology systems development, modernization, and 
enhancement may be transferred among the three subaccounts after the 
Secretary of Veterans Affairs requests from the Committees on 
Appropriations of both Houses of Congress the authority to make the 
transfer and an approval is issued:  Provided further, That amounts 
made available for the ``Information Technology Systems'' account for 
development, modernization, and enhancement may be transferred among 
projects or to newly defined projects:  Provided further, That no 
project may be increased or decreased by more than $1,000,000 of cost 
prior to submitting a request to the Committees on Appropriations of 
both Houses of Congress to make the transfer and an approval is issued, 
or absent a response, a period of 30 days has elapsed:  Provided 
further, That funds under this heading may be used by the Interagency 
Program Office through the Department of Veterans Affairs to define 
data standards, code sets, and value sets used to enable 
interoperability:  Provided further, That of the funds made available 
for information technology systems development, modernization, and 
enhancement for VistA Evolution or any successor program, not more than 
25 percent may be obligated or expended until the Secretary of Veterans 
Affairs:
            (1) Certifies in writing to the Committees on 
        Appropriations of both Houses of Congress that the Department 
        of Veterans Affairs has met the requirements contained in the 
        National Defense Authorization Act of Fiscal Year 2014 (Public 
        Law 113-66) which require that electronic health record systems 
        of the Department of Defense and the Department of Veterans 
        Affairs have reached interoperability, comply with national 
        standards and architectural requirements identified by the DoD/
        VA Interagency Program Office in collaboration with the Office 
        of National Coordinator for Health Information Technology;
            (2) submits to the Committees on Appropriations of both 
        Houses of Congress the VistA Evolution Business Case and 
        supporting documents regarding continuation of VistA Evolution 
        or alternatives to VistA Evolution, including an analysis of 
        necessary or desired capabilities, technical and security 
        requirements, the plan for modernizing the platform framework, 
        and all associated costs;
            (3) submits to the Committees on Appropriations of both 
        Houses of Congress, and such Committees approve, the following: 
        a report that describes a strategic plan for VistA Evolution, 
        or any successor program, and the associated implementation 
        plan including metrics and timelines; a master schedule and 
        lifecycle cost estimate for VistA Evolution or any successor; 
        and an implementation plan for the transition from the Project 
        Management Accountability System to a new project delivery 
        framework, the Veteran-focused Integration Process, that 
        includes the methodology by which projects will be tracked, 
        progress measured, and deliverables evaluated;
            (4) submits to the Committees on Appropriations of both 
        Houses of Congress a report outlining the strategic plan to 
        reach interoperability with private sector healthcare 
        providers, the timeline for reaching ``meaningful use'' as 
        defined by the Office of National Coordinator for Health 
        Information Technology for each data domain covered under the 
        VistA Evolution program, and the extent to which the Department 
        of Veterans Affairs leverages the State Health Information 
        Exchanges to share health data with private sector providers; 
        and
            (5) submits to the Committees on Appropriations of both 
        Houses of Congress, and such Committees approve, the following: 
        a report that describes the extent to which VistA Evolution, or 
        any successor program, maximizes the use of commercially 
        available software used by DoD and the private sector, requires 
        an open architecture that leverages best practices and rapidly 
        adapts to technologies produced by the private sector, enhances 
        full interoperability between the VA and DoD and between VA and 
        the private sector, and ensures the security of personally 
        identifiable information of veterans and beneficiaries:
  Provided further, That the funds made available under this heading 
for information technology systems development, modernization, and 
enhancement, shall be for the projects, and in the amounts, specified 
under this heading in the report accompanying this Act.

                      office of inspector general

    For necessary expenses of the Office of Inspector General, to 
include information technology, in carrying out the provisions of the 
Inspector General Act of 1978 (5 U.S.C. App.), $160,106,000, of which 
not to exceed 10 percent shall remain available until September 30, 
2018.

                      construction, major projects

    For constructing, altering, extending, and improving any of the 
facilities, including parking projects, under the jurisdiction or for 
the use of the Department of Veterans Affairs, or for any of the 
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title 
38, United States Code, not otherwise provided for, including planning, 
architectural and engineering services, construction management 
services, maintenance or guarantee period services costs associated 
with equipment guarantees provided under the project, services of 
claims analysts, offsite utility and storm drainage system construction 
costs, and site acquisition, where the estimated cost of a project is 
more than the amount set forth in section 8104(a)(3)(A) of title 38, 
United States Code, or where funds for a project were made available in 
a previous major project appropriation, $528,110,000, of which 
$448,110,000 shall remain available until September 30, 2021, and of 
which $80,000,000 shall remain available until expended:  Provided, 
That except for advance planning activities, including needs 
assessments which may or may not lead to capital investments, and other 
capital asset management related activities, including portfolio 
development and management activities, and investment strategy studies 
funded through the advance planning fund and the planning and design 
activities funded through the design fund, including needs assessments 
which may or may not lead to capital investments, and salaries and 
associated costs of the resident engineers who oversee those capital 
investments funded through this account and contracting officers who 
manage specific major construction projects, and funds provided for the 
purchase, security, and maintenance of land for the National Cemetery 
Administration through the land acquisition line item, none of the 
funds made available under this heading shall be used for any project 
that has not been notified to Congress through the budgetary process or 
that has not been approved by the Congress through statute, joint 
resolution, or in the explanatory statement accompanying such Act and 
presented to the President at the time of enrollment:  Provided 
further, That funds made available under this heading for fiscal year 
2017, for each approved project shall be obligated: (1) by the awarding 
of a construction documents contract by September 30, 2017; and (2) by 
the awarding of a construction contract by September 30, 2018:  
Provided further, That the Secretary of Veterans Affairs shall promptly 
submit to the Committees on Appropriations of both Houses of Congress a 
written report on any approved major construction project for which 
obligations are not incurred within the time limitations established 
above:  Provided further, That, of the amount made available under this 
heading, $222,620,000 for Veterans Health Administration major 
construction projects shall not be available until the Department of 
Veterans Affairs--
            (1) enters into an agreement with an appropriate non-
        Department of Veterans Affairs Federal entity to serve as the 
        design and/or construction agent for any Veterans Health 
        Administration major construction project with a Total 
        Estimated Cost of $100,000,000 or above by providing full 
        project management services, including management of the 
        project design, acquisition, construction, and contract 
        changes, consistent with section 502 of Public Law 114-58; and
            (2) certifies in writing that such an agreement is executed 
        and intended to minimize or prevent subsequent major 
        construction project cost overruns and provides a copy of the 
        agreement entered into and any required supplementary 
        information to the Committees on Appropriations of both Houses 
        of Congress.

                      construction, minor projects

    For constructing, altering, extending, and improving any of the 
facilities, including parking projects, under the jurisdiction or for 
the use of the Department of Veterans Affairs, including planning and 
assessments of needs which may lead to capital investments, 
architectural and engineering services, maintenance or guarantee period 
services costs associated with equipment guarantees provided under the 
project, services of claims analysts, offsite utility and storm 
drainage system construction costs, and site acquisition, or for any of 
the purposes set forth in sections 316, 2404, 2406 and chapter 81 of 
title 38, United States Code, not otherwise provided for, where the 
estimated cost of a project is equal to or less than the amount set 
forth in section 8104(a)(3)(A) of title 38, United States Code, 
$372,069,000, to remain available until September 30, 2021, along with 
unobligated balances of previous ``Construction, Minor Projects'' 
appropriations which are hereby made available for any project where 
the estimated cost is equal to or less than the amount set forth in 
such section:  Provided, That funds made available under this heading 
shall be for: (1) repairs to any of the nonmedical facilities under the 
jurisdiction or for the use of the Department which are necessary 
because of loss or damage caused by any natural disaster or 
catastrophe; and (2) temporary measures necessary to prevent or to 
minimize further loss by such causes.

       grants for construction of state extended care facilities

    For grants to assist States to acquire or construct State nursing 
home and domiciliary facilities and to remodel, modify, or alter 
existing hospital, nursing home, and domiciliary facilities in State 
homes, for furnishing care to veterans as authorized by sections 8131 
through 8137 of title 38, United States Code, $90,000,000, to remain 
available until expended.

             grants for construction of veterans cemeteries

    For grants to assist States and tribal organizations in 
establishing, expanding, or improving veterans cemeteries as authorized 
by section 2408 of title 38, United States Code, $45,000,000, to remain 
available until expended.

                       Administrative Provisions

                     (including transfer of funds)

    Sec. 201.  Any appropriation for fiscal year 2017 for 
``Compensation and Pensions'', ``Readjustment Benefits'', and 
``Veterans Insurance and Indemnities'' may be transferred as necessary 
to any other of the mentioned appropriations:  Provided, That, before a 
transfer may take place, the Secretary of Veterans Affairs shall 
request from the Committees on Appropriations of both Houses of 
Congress the authority to make the transfer and such Committees issue 
an approval, or absent a response, a period of 30 days has elapsed.

                     (including transfer of funds)

    Sec. 202.  Amounts made available for the Department of Veterans 
Affairs for fiscal year 2017, in this or any other Act, under the 
``Medical Services'', ``Medical Community Care'', ``Medical Support and 
Compliance'', and ``Medical Facilities'' accounts may be transferred 
among the accounts:  Provided, That any transfers between the ``Medical 
Services'' and ``Medical Support and Compliance'' accounts of 1 percent 
or less of the total amount appropriated to the account in this or any 
other Act may take place subject to notification from the Secretary of 
Veterans Affairs to the Committees on Appropriations of both Houses of 
Congress of the amount and purpose of the transfer:  Provided further, 
That any transfers between the ``Medical Services'' and ``Medical 
Support and Compliance'' accounts in excess of 1 percent, or exceeding 
the cumulative 1 percent for the fiscal year, may take place only after 
the Secretary requests from the Committees on Appropriations of both 
Houses of Congress the authority to make the transfer and an approval 
is issued:  Provided further, That any transfers to or from the 
``Medical Facilities'' account may take place only after the Secretary 
requests from the Committees on Appropriations of both Houses of 
Congress the authority to make the transfer and an approval is issued.
    Sec. 203.  Appropriations available in this title for salaries and 
expenses shall be available for services authorized by section 3109 of 
title 5, United States Code; hire of passenger motor vehicles; lease of 
a facility or land or both; and uniforms or allowances therefore, as 
authorized by sections 5901 through 5902 of title 5, United States 
Code.
    Sec. 204.  No appropriations in this title (except the 
appropriations for ``Construction, Major Projects'', and 
``Construction, Minor Projects'') shall be available for the purchase 
of any site for or toward the construction of any new hospital or home.
    Sec. 205.  No appropriations in this title shall be available for 
hospitalization or examination of any persons (except beneficiaries 
entitled to such hospitalization or examination under the laws 
providing such benefits to veterans, and persons receiving such 
treatment under sections 7901 through 7904 of title 5, United States 
Code, or the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the 
cost of such hospitalization or examination is made to the ``Medical 
Services'' account at such rates as may be fixed by the Secretary of 
Veterans Affairs.
    Sec. 206.  Appropriations available in this title for 
``Compensation and Pensions'', ``Readjustment Benefits'', and 
``Veterans Insurance and Indemnities'' shall be available for payment 
of prior year accrued obligations required to be recorded by law 
against the corresponding prior year accounts within the last quarter 
of fiscal year 2016.
    Sec. 207.  Appropriations available in this title shall be 
available to pay prior year obligations of corresponding prior year 
appropriations accounts resulting from sections 3328(a), 3334, and 
3712(a) of title 31, United States Code, except that if such 
obligations are from trust fund accounts they shall be payable only 
from ``Compensation and Pensions''.

                     (including transfer of funds)

    Sec. 208.  Notwithstanding any other provision of law, during 
fiscal year 2017, the Secretary of Veterans Affairs shall, from the 
National Service Life Insurance Fund under section 1920 of title 38, 
United States Code, the Veterans' Special Life Insurance Fund under 
section 1923 of title 38, United States Code, and the United States 
Government Life Insurance Fund under section 1955 of title 38, United 
States Code, reimburse the ``General Operating Expenses, Veterans 
Benefits Administration'' and ``Information Technology Systems'' 
accounts for the cost of administration of the insurance programs 
financed through those accounts:  Provided, That reimbursement shall be 
made only from the surplus earnings accumulated in such an insurance 
program during fiscal year 2017 that are available for dividends in 
that program after claims have been paid and actuarially determined 
reserves have been set aside:  Provided further, That if the cost of 
administration of such an insurance program exceeds the amount of 
surplus earnings accumulated in that program, reimbursement shall be 
made only to the extent of such surplus earnings:  Provided further, 
That the Secretary shall determine the cost of administration for 
fiscal year 2017 which is properly allocable to the provision of each 
such insurance program and to the provision of any total disability 
income insurance included in that insurance program.
    Sec. 209.  Amounts deducted from enhanced-use lease proceeds to 
reimburse an account for expenses incurred by that account during a 
prior fiscal year for providing enhanced-use lease services, may be 
obligated during the fiscal year in which the proceeds are received.

                     (including transfer of funds)

    Sec. 210.  Funds available in this title or funds for salaries and 
other administrative expenses shall also be available to reimburse the 
Office of Resolution Management of the Department of Veterans Affairs 
and the Office of Employment Discrimination Complaint Adjudication 
under section 319 of title 38, United States Code, for all services 
provided at rates which will recover actual costs but not to exceed 
$47,668,000 for the Office of Resolution Management and $3,532,000 for 
the Office of Employment Discrimination Complaint Adjudication:  
Provided, That payments may be made in advance for services to be 
furnished based on estimated costs:  Provided further, That amounts 
received shall be credited to the ``General Administration'' and 
``Information Technology Systems'' accounts for use by the office that 
provided the service.
    Sec. 211.  None of the funds in this or any other Act may be used 
to close Department of Veterans Affairs (VA) hospitals, domiciliaries, 
or clinics, conduct an environmental assessment, or to diminish 
healthcare services at existing Veterans Health Administration medical 
facilities located in Veterans Integrated Service Network 23 as part of 
a planned realignment of VA services until the Secretary provides to 
the Committees on Appropriations of both Houses of Congress a report 
including the following elements:
            (1) a national realignment strategy that includes a 
        detailed description of realignment plans within each Veterans 
        Integrated Service Network (VISN), including an updated Long 
        Range Capital Plan to implement realignment requirements;
            (2) an explanation of the process by which those plans were 
        developed and coordinated within each VISN;
            (3) a cost vs. benefit analysis of each planned 
        realignment, including the cost of replacing Veterans Health 
        Administration services with contract care or other outsourced 
        services;
            (4) an analysis of how any such planned realignment of 
        services will impact access to care for veterans living in 
        rural or highly rural areas, including travel distances and 
        transportation costs to access a VA medical facility and 
        availability of local specialty and primary care;
            (5) an inventory of VA buildings with historic designation 
        and the methodology used to determine the buildings' condition 
        and utilization;
            (6) a description of how any realignment will be consistent 
        with requirements under the National Historic Preservation Act; 
        and
            (7) consideration given for reuse of historic buildings 
        within newly identified realignment requirements:  Provided, 
        That, this provision shall not apply to capital projects in 
        VISN 23, or any other VISN, which have been authorized or 
        approved by Congress.
    Sec. 212.  No funds of the Department of Veterans Affairs shall be 
available for hospital care, nursing home care, or medical services 
provided to any person under chapter 17 of title 38, United States 
Code, for a non-service-connected disability described in section 
1729(a)(2) of such title, unless that person has disclosed to the 
Secretary of Veterans Affairs, in such form as the Secretary may 
require, current, accurate third-party reimbursement information for 
purposes of section 1729 of such title:  Provided, That the Secretary 
may recover, in the same manner as any other debt due the United 
States, the reasonable charges for such care or services from any 
person who does not make such disclosure as required:  Provided 
further, That any amounts so recovered for care or services provided in 
a prior fiscal year may be obligated by the Secretary during the fiscal 
year in which amounts are received.

                     (including transfer of funds)

    Sec. 213.  Notwithstanding any other provision of law, proceeds or 
revenues derived from enhanced-use leasing activities (including 
disposal) may be deposited into the ``Construction, Major Projects'' 
and ``Construction, Minor Projects'' accounts and be used for 
construction (including site acquisition and disposition), alterations, 
and improvements of any medical facility under the jurisdiction or for 
the use of the Department of Veterans Affairs. Such sums as realized 
are in addition to the amount provided for in ``Construction, Major 
Projects'' and ``Construction, Minor Projects''.
    Sec. 214.  Amounts made available under ``Medical Services'' are 
available--
            (1) for furnishing recreational facilities, supplies, and 
        equipment; and
            (2) for funeral expenses, burial expenses, and other 
        expenses incidental to funerals and burials for beneficiaries 
        receiving care in the Department.

                     (including transfer of funds)

    Sec. 215.  Such sums as may be deposited to the Medical Care 
Collections Fund pursuant to section 1729A of title 38, United States 
Code, may be transferred to the ``Medical Services'' and ``Medical 
Community Care'' accounts, to remain available until expended for the 
purposes of these accounts.
    Sec. 216.  The Secretary of Veterans Affairs may enter into 
agreements with Federally Qualified Health Centers in the State of 
Alaska and Indian tribes and tribal organizations which are party to 
the Alaska Native Health Compact with the Indian Health Service, to 
provide healthcare, including behavioral health and dental care, to 
veterans in rural Alaska. The Secretary shall require participating 
veterans and facilities to comply with all appropriate rules and 
regulations, as established by the Secretary. The term ``rural Alaska'' 
shall mean those lands which are not within the boundaries of the 
municipality of Anchorage or the Fairbanks North Star Borough.

                     (including transfer of funds)

    Sec. 217.  Such sums as may be deposited to the Department of 
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title 
38, United States Code, may be transferred to the ``Construction, Major 
Projects'' and ``Construction, Minor Projects'' accounts, to remain 
available until expended for the purposes of these accounts.

                         (rescission of funds)

    Sec. 218.  Of the amounts appropriated in title II of division J of 
Public Law 114-113 under the heading ``Medical Services'' which become 
available on October 1, 2016, $7,246,181,000 are hereby rescinded.
    Sec. 219.  Not later than 30 days after the end of each fiscal 
quarter, the Secretary of Veterans Affairs shall submit to the 
Committees on Appropriations of both Houses of Congress a report on the 
financial status of the Department of Veterans Affairs for the 
preceding quarter:  Provided, That, at a minimum, the report shall 
include the direction contained in the explanatory statement described 
in section 4 in the matter preceding division A of the Consolidated 
Appropriations Act, 2016 Public Law 114-113 in title II of Division J 
of the consolidated Act in the paragraph entitled ``Quarterly Report'', 
under the heading ``General Administration''.

                     (including transfer of funds)

    Sec. 220.  Amounts made available under the ``Medical Services'', 
``Medical Community Care'', ``Medical Support and Compliance'', 
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits 
Administration'', ``General Administration'', and ``National Cemetery 
Administration'' accounts for fiscal year 2017 may be transferred to or 
from the ``Information Technology Systems'' account:  Provided, That 
such transfers may not result in a more than 10 percent aggregate 
increase in the total amount made available by this Act for the 
``Information Technology Systems'' account:  Provided further, That, 
before a transfer may take place, the Secretary of Veterans Affairs 
shall request from the Committees on Appropriations of both Houses of 
Congress the authority to make the transfer and an approval is issued.
    Sec. 221.  None of the funds appropriated or otherwise made 
available by this Act or any other Act for the Department of Veterans 
Affairs may be used in a manner that is inconsistent with: (1) section 
842 of the Transportation, Treasury, Housing and Urban Development, the 
Judiciary, the District of Columbia, and Independent Agencies 
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2) 
section 8110(a)(5) of title 38, United States Code.

                     (including transfer of funds)

    Sec. 222.  Of the amounts appropriated to the Department of 
Veterans Affairs for fiscal year 2017 for ``Medical Services'', 
``Medical Support and Compliance'', ``Medical Facilities'', 
``Construction, Minor Projects'', and ``Information Technology 
Systems'', up to $274,731,000, plus reimbursements, may be transferred 
to the Joint Department of Defense-Department of Veterans Affairs 
Medical Facility Demonstration Fund, established by section 1704 of the 
National Defense Authorization Act for Fiscal Year 2010 (Public Law 
111-84; 123 Stat. 3571) and may be used for operation of the facilities 
designated as combined Federal medical facilities as described by 
section 706 of the Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500):  Provided, That 
additional funds may be transferred from accounts designated in this 
section to the Joint Department of Defense-Department of Veterans 
Affairs Medical Facility Demonstration Fund upon written notification 
by the Secretary of Veterans Affairs to the Committees on 
Appropriations of both Houses of Congress:  Provided further, That 
section 223 of title II of division J of Public Law 114-113 is 
repealed.

                     (including transfer of funds)

    Sec. 223.  Of the amounts appropriated to the Department of 
Veterans Affairs which become available on October 1, 2017, for 
``Medical Services'', ``Medical Support and Compliance'', and ``Medical 
Facilities'', up to $280,802,000, plus reimbursements, may be 
transferred to the Joint Department of Defense-Department of Veterans 
Affairs Medical Facility Demonstration Fund, established by section 
1704 of the National Defense Authorization Act for Fiscal Year 2010 
(Public Law 111-84; 123 Stat. 3571) and may be used for operation of 
the facilities designated as combined Federal medical facilities as 
described by section 706 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4500):  Provided, That additional funds may be transferred from 
accounts designated in this section to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund upon 
written notification by the Secretary of Veterans Affairs to the 
Committees on Appropriations of both Houses of Congress.

                     (including transfer of funds)

    Sec. 224.  Such sums as may be deposited to the Medical Care 
Collections Fund pursuant to section 1729A of title 38, United States 
Code, for healthcare provided at facilities designated as combined 
Federal medical facilities as described by section 706 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer 
to the Joint Department of Defense-Department of Veterans Affairs 
Medical Facility Demonstration Fund, established by section 1704 of the 
National Defense Authorization Act for Fiscal Year 2010 (Public Law 
111-84; 123 Stat. 3571); and (2) for operations of the facilities 
designated as combined Federal medical facilities as described by 
section 706 of the Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500).

                     (including transfer of funds)

    Sec. 225.  Of the amounts available in this title for ``Medical 
Services'', ``Medical Support and Compliance'', and ``Medical 
Facilities'', a minimum of $15,000,000 shall be transferred to the DOD-
VA Health Care Sharing Incentive Fund, as authorized by section 8111(d) 
of title 38, United States Code, to remain available until expended, 
for any purpose authorized by section 8111 of title 38, United States 
Code.
    Sec. 226.  None of the funds available to the Department of 
Veterans Affairs, in this or any other Act, may be used to replace the 
current system by which the Veterans Integrated Service Networks select 
and contract for diabetes monitoring supplies and equipment.
    Sec. 227.  The Secretary of Veterans Affairs shall notify the 
Committees on Appropriations of both Houses of Congress of all bid 
savings in a major construction project that total at least $5,000,000, 
or 5 percent of the programmed amount of the project, whichever is 
less:  Provided, That such notification shall occur within 14 days of a 
contract identifying the programmed amount:  Provided further, That the 
Secretary shall notify the Committees on Appropriations of both Houses 
of Congress 14 days prior to the obligation of such bid savings and 
shall describe the anticipated use of such savings.
    Sec. 228.  None of the funds made available for ``Construction, 
Major Projects'' may be used for a project in excess of the scope 
specified for that project in the original justification data provided 
to the Congress as part of the request for appropriations unless the 
Secretary of Veterans Affairs receives approval from the Committees on 
Appropriations of both Houses of Congress.
    Sec. 229.  The Secretary of Veterans Affairs shall submit to the 
Committees on Appropriations of both Houses of Congress a quarterly 
report that contains the following information from each Veterans 
Benefits Administration Regional Office: (1) the average time to 
complete a disability compensation claim; (2) the number of claims 
pending more than 125 days, disaggregated by initial and supplemental 
claims; (3) error rates; (4) the number of claims personnel; (5) any 
corrective action taken within the quarter to address poor performance; 
(6) training programs undertaken; and (7) the number and results of 
Quality Review Team audits:  Provided, That each quarterly report shall 
be submitted no later than 30 days after the end of the respective 
quarter.
    Sec. 230.  Of the funds provided to the Department of Veterans 
Affairs for fiscal year 2017 for ``Medical Support and Compliance'' a 
maximum of $40,000,000 may be obligated from the ``Medical Support and 
Compliance'' account for the VistA Evolution and electronic health 
record interoperability projects:  Provided, That funds in addition to 
these amounts may be obligated for the VistA Evolution and electronic 
health record interoperability projects upon written notification by 
the Secretary of Veterans Affairs to the Committees on Appropriations 
of both Houses of Congress.
    Sec. 231.  The Secretary of Veterans Affairs shall provide written 
notification to the Committees on Appropriations of both Houses of 
Congress 15 days prior to organizational changes which result in the 
transfer of 25 or more full-time equivalents from one organizational 
unit of the Department of Veterans Affairs to another.

                     (including transfer of funds)

    Sec. 232.  Amounts made available for the Department of Veterans 
Affairs for fiscal year 2017, under the ``Board of Veterans Appeals'' 
and the ``General Operating Expenses, Veterans Benefits 
Administration'' accounts may be transferred between such accounts:  
Provided, That before a transfer may take place, the Secretary of 
Veterans Affairs shall request from the Committees on Appropriations of 
both Houses of Congress the authority to make the transfer and receive 
approval of that request.

                         (rescission of funds)

    Sec. 233.  Of the unobligated balances available within the ``DOD-
VA Health Care Sharing Incentive Fund'', $52,000,000 are hereby 
rescinded.
    Sec. 234.  The Secretary of Veterans Affairs may not reprogram 
funds among major construction projects or programs if such instance of 
reprogramming will exceed $5,000,000, unless such reprogramming is 
approved by the Committees on Appropriations of both Houses of 
Congress.
    Sec. 235.  None of the funds appropriated in this or prior 
appropriations Acts or otherwise made available to the Department of 
Veterans Affairs may be used to transfer any amounts from the Filipino 
Veterans Equity Compensation Fund to any other account within the 
Department of Veterans Affairs.
    Sec. 236.  Paragraph (3) of section 403(a) of the Veterans' Mental 
Health and Other Care Improvements Act of 2008 (Public Law 110-387; 38 
U.S.C. 1703 note) is amended to read as follows:
            ``(3) Duration.--A veteran may receive health services 
        under this section during the period beginning on the date 
        specified in paragraph (2) and ending on September 30, 2018.''.
    Sec. 237. (a) Section 1722A(a) of title 38, United States Code, is 
amended by adding at the end the following new paragraph:
            ``(4) Paragraph (1) does not apply to opioid antagonists 
        furnished under this chapter to a veteran who is at high risk 
        for overdose of a specific medication or substance in order to 
        reverse the effect of such an overdose.''.
    (b) Section 1710(g)(3) of such title is amended--
            (1) by striking ``with respect to home health services'' 
        and inserting ``with respect to the following:''
                    ``(A) Home health services''; and
            (2) by adding at the end the following new subparagraph:
                    ``(B) Education on the use of opioid antagonists to 
                reverse the effects of overdoses of specific 
                medications or substances.''.
    Sec. 238.  Section 312 of title 38, United States Code, is amended 
in subsection(c)(1) by striking the phrase ``that makes a 
recommendation or otherwise suggests corrective action,''.
    Sec. 239.  The Department of Veterans Affairs is authorized to 
administer financial assistance grants and enter into cooperative 
agreements with organizations, utilizing a competitive selection 
process, to train and employ homeless and at-risk veterans in natural 
resource conservation management.
    Sec. 240.  The Department of Veterans Affairs shall seek to enter 
into an agreement with the National Academy of Medicine for an 
assessment on research relating to the descendants of individuals with 
toxic exposure and to evaluate the feasibility of a research entity or 
entities to conduct research relating to health conditions of 
descendants of veterans with toxic exposure while serving in the Armed 
Forces.
    Sec. 241.  Of the funds provided to the Department of Veterans 
Affairs for each of fiscal year 2017 and fiscal year 2018 for ``Medical 
Services'', $3,000,000 in each year for carrying out and expanding to 
each medical center of the Department the child care program authorized 
by section 205 of Public Law 111-163, notwithstanding subsection (e) of 
such section.
    Sec. 242.  Section 5701(l) of title 38, United States Code, is 
amended by striking ``may'' and inserting ``shall''.
    Sec. 243. (a) The Secretary of Veterans Affairs shall, as part of 
the hiring process for each health care provider considered for a 
position at the Department of Veterans Affairs after the date of the 
enactment of this Act, require from the medical board of each State in 
which the health care provider holds or has held a medical license--
            (1) information on any violation of the requirements of the 
        medical license of the health care provider; and
            (2) information on whether the health care provider has 
        entered into any settlement agreement for a disciplinary charge 
        relating to the practice of medicine by the health care 
        provider.
    (b) The Secretary shall prescribe regulations to carry out this 
section.
    Sec. 244. (a) Notwithstanding section 552a of title 5, United 
States Code, the Secretary of Veterans Affairs shall, with respect to 
each health care provider of the Department of Veterans Affairs that 
has violated a requirement of their medical license, provide to the 
medical board of each State in which the health care provider is 
licensed or practices all relevant information contained in the State 
Licensing Board Reporting File or any successor file of the Department 
with respect to such violation.
    (b) The Secretary shall provide the information required in 
subsection (a) to a medical board described in such subsection 
notwithstanding that such board may not have formally requested such 
information from the Department.

                     (including transfer of funds)

    Sec. 245.  Upon determination by the Secretary of Veterans Affairs 
that such action is necessary for providing health care, benefits and 
other services, the Secretary may transfer amounts made available to 
the Department of Veterans Affairs for fiscal year 2017 by this Act 
between any discretionary appropriations accounts for fiscal year 2017: 
 Provided, That amounts so transferred shall be merged with the account 
to which transferred:  Provided further, That the total amount that the 
Secretary may transfer under this section may not exceed two percent of 
the total discretionary appropriations made available to the Department 
for fiscal year 2017 by this Act:  Provided further, That a transfer of 
funds between the ``Medical Services'', ``Medical Community Care'', 
``Medical Support and Compliance'', and ``Medical Facilities'' accounts 
shall not be counted toward the two percent limitation in the previous 
proviso:  Provided further, That the transfer authority provided by 
this section may be exercised only to support activities in an 
appropriations account that have a higher priority than those 
undertaken in the appropriations account from which budget authority is 
transferred, as determined by the Secretary:  Provided further, That 
such transfer authority may not be used to provide budget authority for 
an activity that the Secretary lacks the authority to carry out:  
Provided further, That the transfer authority provided in this section 
is in addition to any other transfer authority provided by law:  
Provided further, That before a transfer may take place, the Secretary 
of Veterans Affairs shall request from the Committees on Appropriations 
of both Houses of Congress the authority to make the transfer and 
receive approval of that request.

                   VA Patient Protection Act of 2016

    Sec. 246. (a) Procedure and Administration.--
    (1) In General.--Chapter 7 of title 38, United States Code, is 
amended by adding at the end the following new subchapter:

               ``SUBCHAPTER II--WHISTLEBLOWER COMPLAINTS

``Sec. 731. Whistleblower complaint defined
    ``In this subchapter, the term `whistleblower complaint' means a 
complaint by an employee of the Department disclosing, or assisting 
another employee to disclose, a potential violation of any law, rule, 
or regulation, or gross mismanagement, gross waste of funds, abuse of 
authority, or substantial and specific danger to public health and 
safety.
``Sec. 732. Treatment of whistleblower complaints
    ``(a) Filing.--(1) In addition to any other method established by 
law in which an employee may file a whistleblower complaint, an 
employee of the Department may file a whistleblower complaint in 
accordance with subsection (g) with a supervisor of the employee.
    ``(2) Except as provided by subsection (d)(1), in making a 
whistleblower complaint under paragraph (1), an employee shall file the 
initial complaint with the immediate supervisor of the employee.
    ``(b) Notification.--(1)(A) Not later than four business days after 
the date on which a supervisor receives a whistleblower complaint by an 
employee under this section, the supervisor shall notify, in writing, 
the employee of whether the supervisor determines that there is a 
reasonable likelihood that the complaint discloses a violation of any 
law, rule, or regulation, or gross mismanagement, gross waste of funds, 
abuse of authority, or substantial and specific danger to public health 
and safety.
    ``(B) The supervisor shall retain written documentation regarding 
the whistleblower complaint and shall submit to the next-level 
supervisor and the central whistleblower office described in subsection 
(h) a written report on the complaint.
    ``(2)(A) On a monthly basis, the supervisor shall submit to the 
appropriate director or other official who is superior to the 
supervisor a written report that includes the number of whistleblower 
complaints received by the supervisor under this section during the 
month covered by the report, the disposition of such complaints, and 
any actions taken because of such complaints pursuant to subsection 
(c).
    ``(B) In the case in which such a director or official carries out 
this paragraph, the director or official shall submit such monthly 
report to the supervisor of the director or official and to the central 
whistleblower office described in subsection (h).
    ``(c) Positive Determination.--If a supervisor makes a positive 
determination under subsection (b)(1) regarding a whistleblower 
complaint of an employee, the supervisor shall include in the 
notification to the employee under such subsection the specific actions 
that the supervisor will take to address the complaint.
    ``(d) Filing Complaint With Next-Level Supervisors.--(1) If any 
circumstance described in paragraph (3) is met, an employee may file a 
whistleblower complaint in accordance with subsection (g) with the 
next-level supervisor who shall treat such complaint in accordance with 
this section.
    ``(2) An employee may file a whistleblower complaint with the 
Secretary if the employee has filed the whistleblower complaint to each 
level of supervisors between the employee and the Secretary in 
accordance with paragraph (1).
    ``(3) A circumstance described in this paragraph is any of the 
following circumstances:
            ``(A) A supervisor does not make a timely determination 
        under subsection (b)(1) regarding a whistleblower complaint.
            ``(B) The employee who made a whistleblower complaint 
        determines that the supervisor did not adequately address the 
        complaint pursuant to subsection (c).
            ``(C) The immediate supervisor of the employee is the basis 
        of the whistleblower complaint.
    ``(e) Transfer of Employee Who Files Whistleblower Complaint.--If a 
supervisor makes a positive determination under subsection (b)(1) 
regarding a whistleblower complaint filed by an employee, the Secretary 
shall--
            ``(1) inform the employee of the ability to volunteer for a 
        transfer in accordance with section 3352 of title 5; and
            ``(2) give preference to the employee for such a transfer 
        in accordance with such section.
    ``(f) Prohibition on Exemption.--The Secretary may not exempt any 
employee of the Department from being covered by this section.
    ``(g) Whistleblower Complaint Form.--(1) A whistleblower complaint 
filed by an employee under subsection (a) or (d) shall consist of the 
form described in paragraph (2) and any supporting materials or 
documentation the employee determines necessary.
    ``(2) The form described in this paragraph is a form developed by 
the Secretary, in consultation with the Special Counsel, that includes 
the following:
            ``(A) An explanation of the purpose of the whistleblower 
        complaint form.
            ``(B) Instructions for filing a whistleblower complaint as 
        described in this section.
            ``(C) An explanation that filing a whistleblower complaint 
        under this section does not preclude the employee from any 
        other method established by law in which an employee may file a 
        whistleblower complaint.
            ``(D) A statement directing the employee to information 
        accessible on the Internet website of the Department as 
        described in section 735(d).
            ``(E) Fields for the employee to provide--
                    ``(i) the date that the form is submitted;
                    ``(ii) the name of the employee;
                    ``(iii) the contact information of the employee;
                    ``(iv) a summary of the whistleblower complaint 
                (including the option to append supporting documents 
                pursuant to paragraph (1)); and
                    ``(v) proposed solutions to the complaint.
            ``(F) Any other information or fields that the Secretary 
        determines appropriate.
    ``(3) The Secretary, in consultation with the Special Counsel, 
shall develop the form described in paragraph (2) by not later than 60 
days after the date of the enactment of this section.
    ``(h) Central Whistleblower Office.--(1) The Secretary shall ensure 
that the central whistleblower office--
            ``(A) is not an element of the Office of the General 
        Counsel;
            ``(B) is not headed by an official who reports to the 
        General Counsel;
            ``(C) does not provide, or receive from, the General 
        Counsel any information regarding a whistleblower complaint 
        except pursuant to an action regarding the complaint before an 
        administrative body or court; and
            ``(D) does not provide advice to the General Counsel.
    ``(2) The central whistleblower office shall be responsible for 
investigating all whistleblower complaints of the Department, 
regardless of whether such complaints are made by or against an 
employee who is not a member of the Senior Executive Service.
    ``(3) The Secretary shall ensure that the central whistleblower 
office maintains a toll-free hotline to anonymously receive 
whistleblower complaints.
    ``(4) The Secretary shall ensure that the central whistleblower 
office has such staff and resources as the Secretary considers 
necessary to carry out the functions of the central whistleblower 
office.
    ``(5) In this subsection, the term `central whistleblower office' 
means the Office of Accountability Review or a successor office that is 
established or designated by the Secretary to investigate whistleblower 
complaints filed under this section or any other method established by 
law.
``Sec. 733. Adverse actions against supervisory employees who commit 
              prohibited personnel actions relating to whistleblower 
              complaints
    ``(a) In General.--(1) In accordance with paragraph (2), the 
Secretary shall carry out the following adverse actions against 
supervisory employees (as defined in section 7103(a) of title 5) whom 
the Secretary, an administrative judge, the Merit Systems Protection 
Board, the Office of Special Counsel, an adjudicating body provided 
under a union contract, a Federal judge, or the Inspector General of 
the Department determines committed a prohibited personnel action 
described in subsection (c):
            ``(A) With respect to the first offense, an adverse action 
        that is not less than a 12-day suspension and not more than 
        removal.
            ``(B) With respect to the second offense, removal.
    ``(2)(A) An employee against whom an adverse action under paragraph 
(1) is proposed is entitled to written notice.
    ``(B)(i) An employee who is notified under subparagraph (A) of 
being the subject of a proposed adverse action under paragraph (1) is 
entitled to 14 days following such notification to answer and furnish 
evidence in support of the answer.
    ``(ii) If the employee does not furnish any such evidence as 
described in clause (i) or if the Secretary determines that such 
evidence is not sufficient to reverse the determination to propose the 
adverse action, the Secretary shall carry out the adverse action 
following such 14-day period.
    ``(C) Paragraphs (1) and (2) of subsection (b) of section 7513 of 
title 5, subsection (c) of such section, paragraphs (1) and (2) of 
subsection (b) of section 7543 of such title, and subsection (c) of 
such section shall not apply with respect to an adverse action carried 
out under paragraph (1).
    ``(b) Limitation on Other Adverse Actions.--With respect to a 
prohibited personnel action described in subsection (c), if the 
Secretary carries out an adverse action against a supervisory employee, 
the Secretary may carry out an additional adverse action under this 
section based on the same prohibited personnel action if the total 
severity of the adverse actions do not exceed the level specified in 
subsection (a).
    ``(c) Prohibited Personnel Action Described.--A prohibited 
personnel action described in this subsection is any of the following 
actions:
            ``(1) Taking or failing to take a personnel action in 
        violation of section 2302 of title 5 against an employee 
        relating to the employee--
                    ``(A) filing a whistleblower complaint in 
                accordance with section 732 of this title;
                    ``(B) filing a whistleblower complaint with the 
                Inspector General of the Department, the Special 
                Counsel, or Congress;
                    ``(C) providing information or participating as a 
                witness in an investigation of a whistleblower 
                complaint in accordance with section 732 or with the 
                Inspector General of the Department, the Special 
                Counsel, or Congress;
                    ``(D) participating in an audit or investigation by 
                the Comptroller General of the United States;
                    ``(E) refusing to perform an action that is 
                unlawful or prohibited by the Department; or
                    ``(F) engaging in communications that are related 
                to the duties of the position or are otherwise 
                protected.
            ``(2) Preventing or restricting an employee from making an 
        action described in any of subparagraphs (A) through (F) of 
        paragraph (1).
            ``(3) Conducting a negative peer review or opening a 
        retaliatory investigation because of an activity of an employee 
        that is protected by section 2302 of title 5.
            ``(4) Requesting a contractor to carry out an action that 
        is prohibited by section 4705(b) or section 4712(a)(1) of title 
        41, as the case may be.
``Sec. 734. Evaluation criteria of supervisors and treatment of bonuses
    ``(a) Evaluation Criteria.--(1) In evaluating the performance of 
supervisors of the Department, the Secretary shall include the criteria 
described in paragraph (2).
    ``(2) The criteria described in this subsection are the following:
            ``(A) Whether the supervisor treats whistleblower 
        complaints in accordance with section 732 of this title.
            ``(B) Whether the appropriate deciding official, 
        performance review board, or performance review committee 
        determines that the supervisor was found to have committed a 
        prohibited personnel action described in section 733(b) of this 
        title by an administrative judge, the Merit Systems Protection 
        Board, the Office of Special Counsel, an adjudicating body 
        provided under a union contract, a Federal judge, or, in the 
        case of a settlement of a whistleblower complaint (regardless 
        of whether any fault was assigned under such settlement), the 
        Secretary.
    ``(b) Bonuses.--(1) The Secretary may not pay to a supervisor 
described in subsection (a)(2)(B) an award or bonus under this title or 
title 5, including under chapter 45 or 53 of such title, during the 
one-year period beginning on the date on which the determination was 
made under such subsection.
    ``(2) Notwithstanding any other provision of law, the Secretary 
shall issue an order directing a supervisor described in subsection 
(a)(2)(B) to repay the amount of any award or bonus paid under this 
title or title 5, including under chapter 45 or 53 of such title, if--
            ``(A) such award or bonus was paid for performance during a 
        period in which the supervisor committed a prohibited personnel 
        action as determined pursuant to such subsection (a)(2)(B);
            ``(B) the Secretary determines such repayment appropriate 
        pursuant to regulations prescribed by the Secretary to carry 
        out this section; and
            ``(C) the supervisor is afforded notice and an opportunity 
        for a hearing before making such repayment.
``Sec. 735. Training regarding whistleblower complaints
    ``(a) Training.--Not less frequently than once each year, the 
Secretary, in coordination with the Whistleblower Protection Ombudsman 
designated under section 3(d)(1)(C) of the Inspector General Act of 
1978 (5 U.S.C. App.), shall provide to each employee of the Department 
training regarding whistleblower complaints, including--
            ``(1) an explanation of each method established by law in 
        which an employee may file a whistleblower complaint;
            ``(2) an explanation of prohibited personnel actions 
        described by section 733(c) of this title;
            ``(3) with respect to supervisors, how to treat 
        whistleblower complaints in accordance with section 732 of this 
        title;
            ``(4) the right of the employee to petition Congress 
        regarding a whistleblower complaint in accordance with section 
        7211 of title 5;
            ``(5) an explanation that the employee may not be 
        prosecuted or reprised against for disclosing information to 
        Congress, the Inspector General, or another investigatory 
        agency in instances where such disclosure is permitted by law, 
        including under sections 5701, 5705, and 7732 of this title, 
        under section 552a of title 5 (commonly referred to as the 
        Privacy Act), under chapter 93 of title 18, and pursuant to 
        regulations promulgated under section 264(c) of the Health 
        Insurance Portability and Accountability Act of 1996 (Public 
        Law 104-191);
            ``(6) an explanation of the language that is required to be 
        included in all nondisclosure policies, forms, and agreements 
        pursuant to section 115(a)(1) of the Whistleblower Protection 
        Enhancement Act of 2012 (5 U.S.C. 2302 note); and
            ``(7) the right of contractors to be protected from 
        reprisal for the disclosure of certain information under 
        section 4705 or 4712 of title 41.
    ``(b) Manner Training Is Provided.--The Secretary shall ensure that 
training provided under subsection (a) is provided in person.
    ``(c) Certification.--Not less frequently than once each year, the 
Secretary shall provide training on merit system protection in a manner 
that the Special Counsel certifies as being satisfactory.
    ``(d) Publication.--(1) The Secretary shall publish on the Internet 
website of the Department, and display prominently at each facility of 
the Department, the rights of an employee to file a whistleblower 
complaint, including the information described in paragraphs (1) 
through (7) of subsection (a).
    ``(2) The Secretary shall publish on the Internet website of the 
Department, the whistleblower complaint form described in section 
732(g)(2).
``Sec. 736. Reports to Congress
    ``(a) Annual Reports.--Not less frequently than once each year, the 
Secretary shall submit to the appropriate committees of Congress a 
report that includes--
            ``(1) with respect to whistleblower complaints filed under 
        section 732 of this title during the year covered by the 
        report--
                    ``(A) the number of such complaints filed;
                    ``(B) the disposition of such complaints; and
                    ``(C) the ways in which the Secretary addressed 
                such complaints in which a positive determination was 
                made by a supervisor under subsection (b)(1) of such 
                section;
            ``(2) the number of whistleblower complaints filed during 
        the year covered by the report that are not included under 
        paragraph (1), including--
                    ``(A) the method in which such complaints were 
                filed;
                    ``(B) the disposition of such complaints; and
                    ``(C) the ways in which the Secretary addressed 
                such complaints; and
            ``(3) with respect to disclosures made by a contractor 
        under section 4705 or 4712 of title 41--
                    ``(A) the number of complaints relating to such 
                disclosures that were investigated by the Inspector 
                General of the Department of Veterans Affairs during 
                the year covered by the report;
                    ``(B) the disposition of such complaints; and
                    ``(C) the ways in which the Secretary addressed 
                such complaints.
    ``(b) Notice of Office of Special Counsel Determinations.--Not 
later than 30 days after the date on which the Secretary receives from 
the Special Counsel information relating to a whistleblower complaint 
pursuant to section 1213 of title 5, the Secretary shall notify the 
appropriate committees of Congress of such information, including the 
determination made by the Special Counsel.
    ``(c) Appropriate Committees of Congress.--In this section, the 
term `appropriate committees of Congress' means--
            ``(1) the Committee on Veterans' Affairs and the Committee 
        on Homeland Security and Governmental Affairs of the Senate; 
        and
            ``(2) the Committee on Veterans' Affairs and the Committee 
        on Oversight and Government Reform of the House of 
        Representatives.''.
    (2) Conforming and Clerical Amendments.--
            (A) Conforming amendment.--Such chapter is further amended 
        by inserting before section 701 the following:

              ``SUBCHAPTER I--GENERAL EMPLOYEE MATTERS''.

            (B) Clerical amendments.--The table of sections at the 
        beginning of such chapter is amended--
                    (i) by inserting before the item relating to 
                section 701 the following new item:

               ``subchapter i--general employee matters'';

                and
                    (ii) by adding at the end the following new items:

                ``subchapter ii--whistleblower complaints

``731. Whistleblower complaint defined.
``732. Treatment of whistleblower complaints.
``733. Adverse actions against supervisory employees who commit 
                            prohibited personnel actions relating to 
                            whistleblower complaints.
``734. Evaluation criteria of supervisors and treatment of bonuses.
``735. Training regarding whistleblower complaints.
``736. Reports to Congress.''.
    (b) Treatment of Congressional Testimony by Department of Veterans 
Affairs Employees as Official Duty.--
            (1) In general.--Subchapter I of chapter 7 of title 38, 
        United States Code, as designated by section 2(a)(2)(A), is 
        amended by adding at the end the following new section:
``Sec. 715. Congressional testimony by employees: treatment as official 
              duty
    ``(a) Congressional Testimony.--An employee of the Department is 
performing official duty during the period with respect to which the 
employee is testifying in an official capacity in front of either 
chamber of Congress, a committee of either chamber of Congress, or a 
joint or select committee of Congress.
    ``(b) Travel Expenses.--The Secretary shall provide travel 
expenses, including per diem in lieu of subsistence, in accordance with 
applicable provisions under subchapter I of chapter 57 of title 5, to 
any employee of the Department of Veterans Affairs performing official 
duty described under subsection (a).''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter, as amended by section 2(a)(2)(B), is 
        further amended by inserting after the item relating to section 
        713 the following new item:

``715. Congressional testimony by employees: treatment as official 
                            duty.''.
    Sec. 247. (a) Notwithstanding any other provision of law, of the 
amounts appropriated or otherwise made available to the Department of 
Veterans Affairs for the ``Medical Services'' account, for fiscal year 
2017, not less than $18,000,000, and for fiscal year 2018, not less 
than $70,000,000, shall be used for the provision of fertility 
treatment and counseling, including treatment using assisted 
reproductive technology, to veterans and their spouses if the veteran 
has a service-connected condition that results in the veteran being 
unable to procreate without the use of such fertility treatment.
    (b) In this section, the term ``service-connected condition'' means 
a condition that was incurred or aggravated in line of duty in the 
active military, naval, or air service (as defined in section 101 of 
title 38, United States Code).
    Sec. 248.  None of the amounts appropriated or otherwise made 
available by title II may be used to carry out the Home Marketing 
Incentive Program of the Department of Veterans Affairs or to carry out 
the Appraisal Value Offer Program of the Department with respect to an 
employee of the Department in a senior executive position (as defined 
in section 713(g) of title 38, United States Code):  Provided, That the 
Secretary may waive this prohibition with respect to the use of the 
Home Marketing Incentive Program and Appraisal Value Offer Program to 
recruit for a position for which recruitment or retention of qualified 
personnel is likely to be difficult in the absence of the use of these 
incentives:  Provided further, That within 15 days of a determination 
by the Secretary to waive this prohibition, the Secretary shall submit 
written notification thereof to the Committees on Appropriations of 
both Houses of Congress containing the reasons and identifying the 
position title for which the waiver has been issued.
    Sec. 249.  None of the funds appropriated or otherwise made 
available to the Department of Veterans Affairs in this Act may be used 
in a manner that would--
            (1) interfere with the ability of a veteran to participate 
        in a medicinal marijuana program approved by a State;
            (2) deny any services from the Department to a veteran who 
        is participating in such a program; or
            (3) limit or interfere with the ability of a health care 
        provider of the Department to make appropriate recommendations, 
        fill out forms, or take steps to comply with such a program.
    Sec. 250. (a) In General.--For the purposes of verifying that an 
individual performed service under honorable conditions that satisfies 
the requirements of a coastwise merchant seaman who is recognized 
pursuant to section 401 of the GI Bill Improvement Act of 1977 (Public 
Law 95-202; 38 U.S.C. 106 note) as having performed active duty service 
for the purposes described in subsection (c)(1), the Secretary of 
Defense shall accept the following:
            (1) In the case of an individual who served on a coastwise 
        merchant vessel seeking such recognition for whom no applicable 
        Coast Guard shipping or discharge form, ship logbook, merchant 
        mariner's document or Z-card, or other official employment 
        record is available, the Secretary of Defense shall provide 
        such recognition on the basis of applicable Social Security 
        Administration records submitted for or by the individual, 
        together with validated testimony given by the individual or 
        the primary next of kin of the individual that the individual 
        performed such service during the period beginning on December 
        7, 1941, and ending on December 31, 1946.
            (2) In the case of an individual who served on a coastwise 
        merchant vessel seeking such recognition for whom the 
        applicable Coast Guard shipping or discharge form, ship 
        logbook, merchant mariner's document or Z-card, or other 
        official employment record has been destroyed or otherwise 
        become unavailable by reason of any action committed by a 
        person responsible for the control and maintenance of such 
        form, logbook, or record, the Secretary of Defense shall accept 
        other official documentation demonstrating that the individual 
        performed such service during period beginning on December 7, 
        1941, and ending on December 31, 1946.
            (3) For the purpose of determining whether to recognize 
        service allegedly performed during the period beginning on 
        December 7, 1941, and ending on December 31, 1946, the 
        Secretary shall recognize masters of seagoing vessels or other 
        officers in command of similarly organized groups as agents of 
        the United States who were authorized to document any 
        individual for purposes of hiring the individual to perform 
        service in the merchant marine or discharging an individual 
        from such service.
    (b) Treatment of Other Documentation.--Other documentation accepted 
by the Secretary of Defense pursuant to subsection (a)(2) shall satisfy 
all requirements for eligibility of service during the period beginning 
on December 7, 1941, and ending on December 31, 1946.
    (c) Benefits Allowed.--
            (1) Medals, ribbons, and decorations.--An individual whose 
        service is recognized as active duty pursuant to subsection (a) 
        may be awarded an appropriate medal, ribbon, or other military 
        decoration based on such service.
            (2) Status of veteran.--An individual whose service is 
        recognized as active duty pursuant to subsection (a) shall be 
        honored as a veteran but shall not be entitled by reason of 
        such recognized service to any benefit that is not described in 
        this subsection.

                               TITLE III

                            RELATED AGENCIES

                  American Battle Monuments Commission

                         salaries and expenses

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, including the acquisition of land or 
interest in land in foreign countries; purchases and repair of uniforms 
for caretakers of national cemeteries and monuments outside of the 
United States and its territories and possessions; rent of office and 
garage space in foreign countries; purchase (one-for-one replacement 
basis only) and hire of passenger motor vehicles; not to exceed $7,500 
for official reception and representation expenses; and insurance of 
official motor vehicles in foreign countries, when required by law of 
such countries, $75,100,000 to remain available until expended.

                 foreign currency fluctuations account

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, such sums as may be necessary, to remain 
available until expended, for purposes authorized by section 2109 of 
title 36, United States Code.

           United States Court of Appeals for Veterans Claims

                         salaries and expenses

    For necessary expenses for the operation of the United States Court 
of Appeals for Veterans Claims as authorized by sections 7251 through 
7298 of title 38, United States Code, $30,945,100:  Provided, That 
$2,500,000 shall be available for the purpose of providing financial 
assistance as described, and in accordance with the process and 
reporting procedures set forth under this heading in Public Law 102-
229.

                      Department of Defense--Civil

                       Cemeterial Expenses, Army

                         salaries and expenses

    For necessary expenses for maintenance, operation, and improvement 
of Arlington National Cemetery and Soldiers' and Airmen's Home National 
Cemetery, including the purchase or lease of passenger motor vehicles 
for replacement on a one-for-one basis only, and not to exceed $1,000 
for official reception and representation expenses, $70,800,000 of 
which not to exceed $28,000,000 shall remain available until September 
30, 2019. In addition, such sums as may be necessary for parking 
maintenance, repairs and replacement, to be derived from the ``Lease of 
Department of Defense Real Property for Defense Agencies'' account.

                      Armed Forces Retirement Home

                               trust fund

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the Armed Forces Retirement Home--Washington, 
District of Columbia, and the Armed Forces Retirement Home--Gulfport, 
Mississippi, to be paid from funds available in the Armed Forces 
Retirement Home Trust Fund, $64,300,000, of which $1,000,000 shall 
remain available until expended for construction and renovation of the 
physical plants at the Armed Forces Retirement Home--Washington, 
District of Columbia, and the Armed Forces Retirement Home--Gulfport, 
Mississippi:  Provided, That of the amounts made available under this 
heading from funds available in the Armed Forces Retirement Home Trust 
Fund, $22,000,000 shall be paid from the general fund of the Treasury 
to the Trust Fund.

                       Administrative Provisions

    Sec. 301.  Funds appropriated in this Act under the heading 
``Department of Defense--Civil, Cemeterial Expenses, Army'', may be 
provided to Arlington County, Virginia, for the relocation of the 
federally owned water main at Arlington National Cemetery, making 
additional land available for ground burials.
    Sec. 302.  Amounts deposited into the special account established 
under 10 U.S.C. 4727 are appropriated and shall be available until 
expended to support activities at the Army National Military 
Cemeteries.

                                TITLE IV

                           GENERAL PROVISIONS

    Sec. 401.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 402.  None of the funds made available in this Act may be used 
for any program, project, or activity, when it is made known to the 
Federal entity or official to which the funds are made available that 
the program, project, or activity is not in compliance with any Federal 
law relating to risk assessment, the protection of private property 
rights, or unfunded mandates.
    Sec. 403.  All departments and agencies funded under this Act are 
encouraged, within the limits of the existing statutory authorities and 
funding, to expand their use of ``E-Commerce'' technologies and 
procedures in the conduct of their business practices and public 
service activities.
    Sec. 404.  Unless stated otherwise, all reports and notifications 
required by this Act shall be submitted to the Subcommittee on Military 
Construction and Veterans Affairs, and Related Agencies of the 
Committee on Appropriations of the House of Representatives and the 
Subcommittee on Military Construction and Veterans Affairs, and Related 
Agencies of the Committee on Appropriations of the Senate.
    Sec. 405.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
authority provided in, this or any other appropriations Act.
    Sec. 406. (a) Any agency receiving funds made available in this 
Act, shall, subject to subsections (b) and (c), post on the public Web 
site of that agency any report required to be submitted by the Congress 
in this or any other Act, upon the determination by the head of the 
agency that it shall serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains confidential or proprietary 
        information.
    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the requesting Committee 
or Committees of Congress for no less than 45 days.
    Sec. 407. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, or local law enforcement 
agency or any other entity carrying out criminal investigations, 
prosecution, or adjudication activities.
    Sec. 408.  None of the funds made available in this Act may be used 
by an agency of the executive branch to pay for first-class travel by 
an employee of the agency in contravention of sections 301-10.122 
through 301-10.124 of title 41, Code of Federal Regulations.
    Sec. 409. (a) In General.--None of the funds appropriated or 
otherwise made available to the Department of Defense in this Act may 
be used to construct, renovate, or expand any facility in the United 
States, its territories, or possessions to house any individual 
detained at United States Naval Station, Guantanamo Bay, Cuba, for the 
purposes of detention or imprisonment in the custody or under the 
control of the Department of Defense.
    (b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guantanamo 
Bay, Cuba.
    (c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of 
        the Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control 
                of the Department of Defense; or
                    (B) otherwise under detention at United States 
                Naval Station, Guantanamo Bay, Cuba.
     This Act may be cited as the ``Military Construction, Veterans 
Affairs, and Related Agencies Appropriations Act, 2017''.
                                                       Calendar No. 424

114th CONGRESS

  2d Session

                                S. 2806

                          [Report No. 114-237]

_______________________________________________________________________

                                 A BILL

  Making appropriations for military construction, the Department of 
   Veterans Affairs, and related agencies for the fiscal year ending 
              September 30, 2017, and for other purposes.

_______________________________________________________________________

                             April 18, 2016

                 Read twice and placed on the calendar