[Congressional Record Volume 161, Number 165 (Thursday, November 5, 2015)]
[Senate]
[Pages S7823-S7832]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2763. Mr. KIRK (for himself, Mr. Tester, and Ms. Mikulski) 
proposed an amendment to the bill H.R. 2029, making appropriations for 
military construction, the Department of Veterans Affairs, and related 
agencies for the fiscal year ending September 30, 2016, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:
     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, 2016, 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, $663,245,000, to remain available until 
     September 30, 2020:  Provided, That, of this amount, not to 
     exceed $109,245,000 shall be available for study, planning, 
     design, architect and engineer services, and host nation 
     support, as authorized by law, unless the Secretary of the 
     Army determines that additional obligations are necessary for 
     such purposes and notifies the Committees on Appropriations 
     of both Houses of Congress of the determination and the 
     reasons therefor.

              Military Construction, Navy and Marine Corps

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, naval installations, 
     facilities, and real property for the Navy and Marine Corps 
     as currently authorized by law, including personnel in the 
     Naval Facilities Engineering Command and other personal 
     services necessary for the purposes of this appropriation, 
     $1,619,699,000, to remain available until September 30, 2020: 
      Provided, That, of this amount, not to exceed $91,649,000 
     shall be available for study, planning, design, and architect 
     and engineer services, as authorized by law, unless the 
     Secretary of the Navy determines that additional obligations 
     are necessary for such purposes and notifies the Committees 
     on Appropriations of both Houses of Congress of the 
     determination and the reasons therefor.

                    Military Construction, Air Force

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, military 
     installations, facilities, and real property for the Air 
     Force as currently authorized by law, $1,389,185,000, to 
     remain available until September 30, 2020:  Provided, That, 
     of this amount, not to exceed $89,164,000 shall be available 
     for study, planning, design, and architect and engineer 
     services, as authorized by law, unless the Secretary of Air 
     Force determines that additional obligations are necessary 
     for such purposes and notifies the Committees on 
     Appropriations of both Houses of Congress of the 
     determination and the reasons therefor.

                  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, $2,290,767,000, 
     to remain available until September 30, 2020:  Provided, That

[[Page S7824]]

     such amounts of this appropriation as may be determined by 
     the Secretary of Defense may be transferred to such 
     appropriations of the Department of Defense available for 
     military construction or family housing as the Secretary may 
     designate, to be merged with and to be available for the same 
     purposes, and for the same time period, as the appropriation 
     or fund to which transferred:  Provided further, That, of the 
     amount appropriated, not to exceed $160,404,000 shall be 
     available for study, planning, design, and architect and 
     engineer services, as authorized by law, unless the Secretary 
     of Defense determines that additional obligations are 
     necessary for such purposes and notifies the Committees on 
     Appropriations of both Houses of Congress of the 
     determination and the reasons therefor.

               Military Construction, Army National Guard

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Army National Guard, and contributions 
     therefor, as authorized by chapter 1803 of title 10, United 
     States Code, and Military Construction Authorization Acts, 
     $197,237,000, to remain available until September 30, 2020:  
     Provided, That, of the amount appropriated, not to exceed 
     $20,337,000 shall be available for study, planning, design, 
     and architect and engineer services, as authorized by law, 
     unless the Director of the Army National Guard determines 
     that additional obligations are necessary for such purposes 
     and notifies the Committees on Appropriations of both Houses 
     of Congress of the determination and the reasons therefor.

               Military Construction, Air National Guard

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Air National Guard, and contributions 
     therefor, as authorized by chapter 1803 of title 10, United 
     States Code, and Military Construction Authorization Acts, 
     $138,738,000, to remain available until September 30, 2020:  
     Provided, That, of the amount appropriated, not to exceed 
     $5,104,000 shall be available for study, planning, design, 
     and architect and engineer services, as authorized by law, 
     unless the Director of the Air National Guard determines that 
     additional obligations are necessary for such purposes and 
     notifies the Committees on Appropriations of both Houses of 
     Congress of the determination and the reasons therefor.

                  Military Construction, Army Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Army Reserve as authorized by chapter 
     1803 of title 10, United States Code, and Military 
     Construction Authorization Acts, $113,595,000, to remain 
     available until September 30, 2020:  Provided, That, of the 
     amount appropriated, not to exceed $9,318,000 shall be 
     available for study, planning, design, and architect and 
     engineer services, as authorized by law, unless the Chief of 
     the Army Reserve determines that additional obligations are 
     necessary for such purposes and notifies the Committees on 
     Appropriations of both Houses of Congress of the 
     determination and the reasons therefor.

                  Military Construction, Navy Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the reserve components of the Navy and 
     Marine Corps as authorized by chapter 1803 of title 10, 
     United States Code, and Military Construction Authorization 
     Acts, $36,078,000, to remain available until September 30, 
     2020:  Provided, That, of the amount appropriated, not to 
     exceed $2,208,000 shall be available for study, planning, 
     design, and architect and engineer services, as authorized by 
     law, unless the Secretary of the Navy determines that 
     additional obligations are necessary for such purposes and 
     notifies the Committees on Appropriations of both Houses of 
     Congress of the determination and the reasons therefor.

                Military Construction, Air Force Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Air Force Reserve as authorized by 
     chapter 1803 of title 10, United States Code, and Military 
     Construction Authorization Acts, $65,021,000, to remain 
     available until September 30, 2020:  Provided, That, of the 
     amount appropriated, not to exceed $13,400,000 shall be 
     available for study, planning, design, and architect and 
     engineer services, as authorized by law, unless the Chief of 
     the Air Force Reserve determines that additional obligations 
     are necessary for such purposes and notifies the Committees 
     on Appropriations of both Houses of Congress of the 
     determination and the reasons therefor.

                   North Atlantic Treaty Organization

                      Security Investment Program

       For the United States share of the cost of the North 
     Atlantic Treaty Organization Security Investment Program for 
     the acquisition and construction of military facilities and 
     installations (including international military headquarters) 
     and for related expenses for the collective defense of the 
     North Atlantic Treaty Area as authorized by section 2806 of 
     title 10, United States Code, and Military Construction 
     Authorization Acts, $120,000,000, to remain available until 
     expended.

                   Family Housing Construction, Army

       For expenses of family housing for the Army for 
     construction, including acquisition, replacement, addition, 
     expansion, extension, and alteration, as authorized by law, 
     $99,695,000, to remain available until September 30, 2020.

             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, $393,511,000.

           Family Housing Construction, Navy and Marine Corps

       For expenses of family housing for the Navy and Marine 
     Corps for construction, including acquisition, replacement, 
     addition, expansion, extension, and alteration, as authorized 
     by law, $16,541,000, to remain available until September 30, 
     2020.

    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, $353,036,000.

                 Family Housing Construction, Air Force

       For expenses of family housing for the Air Force for 
     construction, including acquisition, replacement, addition, 
     expansion, extension, and alteration, as authorized by law, 
     $160,498,000, to remain available until September 30, 2020.

          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, $331,232,000.

         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, $58,668,000.

               Department of Defense Base Closure Account

       For deposit into the Department of Defense Base Closure 
     Account 1990, established by section 2906(a) of the Defense 
     Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 
     note), $251,334,000, to remain available until expended.

                       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.

[[Page S7825]]

       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.  Not more than 20 percent of the funds made 
     available in this title which are limited for obligation 
     during the current fiscal year shall be obligated during the 
     last 2 months of the fiscal year.
       Sec. 115.  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. 116.  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. 117.  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. 118.  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. 119.  In addition to any other transfer authority 
     available to the Department of Defense, amounts may be 
     transferred from the accounts established by sections 
     2906(a)(1) and 2906A(a)(1) of the Defense Base Closure and 
     Realignment Act of 1990 (10 U.S.C. 2687 note), 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. 120.  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. 121.  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. 122.  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. 123.  Amounts appropriated or otherwise made available 
     in an account funded under the headings in this title may be 
     transferred among projects and activities within the account 
     in accordance with the reprogramming guidelines for military 
     construction and family housing construction contained in 
     Department of Defense Financial Management Regulation 
     7000.14-R, Volume 3, Chapter 7, of February 2009, as in 
     effect on the date of enactment of this Act.
       Sec. 124.  None of the funds made available in this title 
     may be obligated or expended for planning and design and 
     construction of projects at Arlington National Cemetery.
       Sec. 125.  For an additional amount for ``Military 
     Construction, Army'', $34,500,000, to remain available until 
     September 30, 2020:  Provided, That such funds may only be 
     obligated to carry out construction projects, in priority 
     order, identified in the Department of the Army's Unfunded 
     Priority List for Fiscal Year 2016 submitted to Congress:  
     Provided further, That such funding is 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 Army shall submit to the Committees on Appropriations of 
     both Houses of Congress an expenditure plan for funds 
     provided under this section.
       Sec. 126.  For an additional amount for ``Military 
     Construction, Navy and Marine Corps'', $34,320,000, to remain 
     available until September 30, 2020:  Provided, That such 
     funds may only be obligated to carry out construction 
     projects, in priority order, identified in the Department of 
     the Navy's Unfunded Priority List for fiscal year 2016:  
     Provided further, That such funding is 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 Navy shall submit to the Committees on Appropriations of 
     both Houses of Congress an expenditure plan for funds 
     provided under this section.
       Sec. 127.  For an additional amount for ``Military 
     Construction, Army National Guard'', $51,300,000, to remain 
     available until September 30, 2020:  Provided, That such 
     funds may only be obligated to carry out construction 
     projects, in priority order, identified in the Department of 
     the Army's Unfunded Priority List for Fiscal Year 2016 
     submitted to Congress:  Provided further, That such funding 
     is 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 Army shall submit to the Committees 
     on Appropriations of both Houses of Congress an expenditure 
     plan for funds provided under this section.
       Sec. 128.  For an additional amount for ``Military 
     Construction, Army Reserve'', $34,200,000, to remain 
     available until September 30, 2020:  Provided, That such 
     funds may only be obligated to carry out construction 
     projects, in priority order, identified in the Department of 
     the Army's Unfunded Priority List for Fiscal Year 2016 
     submitted to Congress:  Provided further, That such funding 
     is subject to authorization prior to obligation and 
     expenditure of funds to carry out construction:  Provided 
     further, That, not

[[Page S7826]]

     later than 30 days after enactment of this Act, the Secretary 
     of the Army 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. 129.  Of the unobligated balances available from prior 
     Appropriations Acts (other than appropriations that were 
     designated by the Congress as an emergency requirement or as 
     being for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to a concurrent resolution on the budget 
     or the Balanced Budget and Emergency Deficit Control Act of 
     1985) the following funds are hereby rescinded from the 
     following accounts and programs in the specified amounts:
       ``Military Construction, Army'', $45,000,000;
       ``Military Construction, Air Force'', $46,400,000; and
       ``Military Construction, Defense-Wide'', $80,500,000.

                         (rescission of funds)

       Sec. 130.  Of the unobligated balances made available in 
     prior appropriations Acts for the fund established in section 
     1013(d) of the Demonstration Cities and Metropolitan 
     Development Act of 1966 (42 U.S.C. 3374), $65,000,000 are 
     hereby rescinded.
       Sec. 131.  Notwithstanding any other provision of law, none 
     of the funds appropriated or otherwise made available by this 
     or any other Act may be used to consolidate or relocate any 
     element of a United States Air Force Rapid Engineer 
     Deployable Heavy Operational Repair Squadron Engineer (RED 
     HORSE) outside of the United States until the Secretary of 
     the Air Force (1) completes an analysis and comparison of the 
     cost and infrastructure investment required to consolidate or 
     relocate a RED HORSE squadron outside of the United States 
     versus within the United States; (2) provides to the 
     Committees on Appropriations of both Houses of Congress 
     (``the Committees'') a report detailing the findings of the 
     cost analysis; and (3) certifies in writing to the Committees 
     that the preferred site for the consolidation or relocation 
     yields the greatest savings for the Air Force:  Provided, 
     That the term ``United States'' in this section does not 
     include any territory or possession of the United States.
       Sec. 132.  For an additional amount for ``Military 
     Construction, Air Force'', $21,000,000, to remain available 
     until September 30, 2020:  Provided, That such funds may only 
     be obligated to carry out construction projects, in priority 
     order, identified in the Department of the Air Force's 
     Unfunded Priority List for Fiscal Year 2016 submitted to 
     Congress:  Provided further, That such funding is 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 Air Force shall submit to the Committees on 
     Appropriations of both Houses of Congress an expenditure plan 
     for funds provided under this section.
       Sec. 133.  For an additional amount for ``Military 
     Construction, Air National Guard'', $6,100,000, to remain 
     available until September 30, 2020:  Provided, That such 
     funds may only be obligated to carry out construction 
     projects, in priority order, identified in the Department of 
     the Air Force's Unfunded Priority List for Fiscal Year 2016 
     submitted to Congress:  Provided further, That such funding 
     is 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 Air Force shall submit to the 
     Committees on Appropriations of both Houses of Congress an 
     expenditure plan for funds provided under this section.
       Sec. 134.  For an additional amount for ``Military 
     Construction, Air Force Reserve'', $10,400,000, to remain 
     available until September 30, 2020:  Provided, That such 
     funds may only be obligated to carry out construction 
     projects, in priority order, identified in the Department of 
     the Air Force's Unfunded Priority List for Fiscal Year 2016 
     submitted to Congress:  Provided further, That such funding 
     is 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 Air Force shall submit to the 
     Committees on Appropriations of both Houses of Congress an 
     expenditure plan for funds provided under this section.

                                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, $166,271,436,000, to remain available until expended, 
     of which $87,146,761,000 shall become available on October 1, 
     2016:  Provided, That not to exceed $15,562,000 of the amount 
     appropriated for fiscal year 2016 and $16,021,000 of the 
     amount made available for fiscal year 2017 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, $32,088,826,000, to remain available 
     until expended, of which $16,743,904,000 shall become 
     available on October 1, 2016:  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, $169,080,000, to remain available until expended, of 
     which $91,920,000 shall become available on October 1, 2016.

                 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 2016, 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, $164,558,000.

            vocational rehabilitation loans program account

       For the cost of direct loans, $31,000, 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 
     $2,952,381.
       In addition, for administrative expenses necessary to carry 
     out the direct loan program, $367,000, 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, $1,134,000.

                     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; $3,104,197,000, which shall be in 
     addition to funds previously appropriated under this heading 
     that become available on October 1, 2015; and, in addition, 
     $51,673,000,000, plus reimbursements, shall become available 
     on October 1, 2016, and shall remain available until 
     September 30, 2017:  Provided, That, of the amount made 
     available on October 1, 2016, under this heading, 
     $1,400,000,000 shall remain available until September 30, 
     2018:  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

[[Page S7827]]

     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, of the amount made available on 
     October 1, 2016, under this heading, not less than 
     $900,000,000 shall be available for highly effective 
     Hepatitis C Virus (HCV) clinical treatments including 
     clinical treatments with modern medications that have 
     significantly higher cure rates than older medications, are 
     easier to prescribe, and have fewer and milder side effects.

                     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.), $6,524,000,000, plus reimbursements, 
     shall become available on October 1, 2016, and shall remain 
     available until September 30, 2017:  Provided, That, of the 
     amount made available on October 1, 2016, under this heading, 
     $100,000,000 shall remain available until September 30, 2018.

                           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, $5,074,000,000, plus 
     reimbursements, shall become available on October 1, 2016, 
     and shall remain available until September 30, 2017:  
     Provided, That, of the amount made available on October 1, 
     2016, under this heading, $250,000,000 shall remain available 
     until September 30, 2018.

                    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, $621,813,000, 
     plus reimbursements, shall remain available until September 
     30, 2017.

                    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, $266,220,000, of which not 
     to exceed $26,600,000 shall remain available until September 
     30, 2017.

                      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, $311,591,000, of 
     which not to exceed $10,000,000 shall remain available until 
     September 30, 2017:  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, $107,884,000, of which not to exceed $10,788,000 
     shall remain available until September 30, 2017.

      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, $2,697,734,000:  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 $160,000,000 
     shall remain available until September 30, 2017.

                     information technology systems

       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, $4,106,363,000, plus reimbursements:  Provided, 
     That $1,115,757,000 shall be for pay and associated costs, of 
     which not to exceed $34,800,000 shall remain available until 
     September 30, 2017:  Provided further, That $2,512,863,000 
     shall be for operations and maintenance, of which not to 
     exceed $175,000,000 shall remain available until September 
     30, 2017:  Provided further, That $477,743,000 shall be for 
     information technology systems development, modernization, 
     and enhancement, and shall remain available until September 
     30, 2017:  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 
     develop a standard data reference terminology model:  
     Provided further, That, of the funds made available for 
     information technology systems development, modernization, 
     and enhancement for VistA Evolution, not more than 25 percent 
     may be obligated or expended until the Secretary of Veterans 
     Affairs submits to the Committees on Appropriations of both 
     Houses of Congress, and such Committees approve, a report 
     that describes: (1) the status of and changes to the VistA 
     Evolution program plan dated March 24, 2014 (hereinafter 
     referred to as the ``Plan''), the VistA 4 product roadmap 
     dated February 26, 2015 (``Roadmap''), and the VistA 4 
     Incremental Life Cycle Cost Estimate, dated October 26, 2014; 
     (2) any changes to the scope or functionality of projects 
     within the VistA Evolution program as established in the 
     Plan; (3) actual program costs incurred to date; (4) progress 
     in meeting the schedule milestones that have been established 
     in the Plan; (5) a Project Management Accountability System 
     (PMAS) Dashboard Progress report that identifies each VistA 
     Evolution project being tracked through PMAS, what 
     functionality it is intended to provide, and what evaluation 
     scores it has received throughout development; (6) the 
     definition being used for interoperability between the 
     electronic health record systems of the Department of Defense 
     and the Department of Veterans Affairs, the metrics to 
     measure the extent of interoperability, the milestones and 
     timeline associated with achieving interoperability, and the 
     baseline measurements associated with interoperability; (7) 
     progress toward developing and implementing all components 
     and levels of interoperability, including semantic 
     interoperability; (8) the change management tools in place to 
     facilitate the implementation of VistA Evolution and 
     interoperability; and (9) any changes to the governance 
     structure for the VistA Evolution program and its chain of 
     decisionmaking authority:  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.), $126,766,000, of which $12,676,000 shall remain 
     available until September 30, 2017.

                      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

[[Page S7828]]

     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, $1,027,064,000, of which $967,064,000 shall 
     remain available until September 30, 2020, and of which 
     $60,000,000 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 funds 
     provided for the purchase 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 which has not been approved by the Congress 
     in the budgetary process:  Provided further, That funds made 
     available under this heading for fiscal year 2016, for each 
     approved project shall be obligated: (1) by the awarding of a 
     construction documents contract by September 30, 2016; and 
     (2) by the awarding of a construction contract by September 
     30, 2017:  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 
     on October 1, 2016, under this heading, $490,700,000 for 
     Veterans Health Administration major construction projects 
     shall not be available until the Secretary of Veterans 
     Affairs:
       (1) Enters into an agreement with the U.S. Army Corps of 
     Engineers, to serve as the design and construction agent for 
     Veterans Health Administration projects with a Total 
     Estimated Cost of $250,000,000 or above.
       (2) That such an agreement will designate the U.S. Army 
     Corps of Engineers as the design and construction agent to 
     serve as--
       (A) the overall construction project manager, with a 
     dedicated project delivery team including engineers, medical 
     facility designers, and professional project managers;
       (B) the facility design manager, with a dedicated design 
     manager and technical support;
       (C) the design agent, with standardized and rigorous 
     facility designs;
       (D) the architect/engineer designer; and
       (E) the overall construction agent, with a dedicated 
     construction and technical team during pre-construction, 
     construction, and commissioning phases.
       (3) Certifies in writing that such an agreement is in 
     effect and will prevent subsequent major construction project 
     cost overruns, provides a copy of the agreement entered into 
     (and any required supplementary information) to the 
     Committees on Appropriations of both Houses of Congress, and 
     a period of 60 days has elapsed.

                      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, $378,080,000, to remain available until September 30, 
     2020, 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, $100,000,000, 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, 
     $46,000,000, to remain available until expended.

                       Administrative Provisions

                     (including transfer of funds)

       Sec. 201.  Any appropriation for fiscal year 2016 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 2016, in this Act or any 
     other Act, under the ``Medical Services'', ``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 2015.
       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 2016, 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 2016 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

[[Page S7829]]

     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 2016 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 $43,700,000 for the Office of Resolution Management 
     and $3,400,000 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.

                          (transfer of funds)

       Sec. 211.  Of the amounts made available to the Department 
     of Veterans Affairs for fiscal year 2016 for the Office of 
     Rural Health under the heading ``Medical Services'', 
     including any advance appropriation for fiscal year 2016 
     provided in prior appropriation Acts, up to $20,000,000 may 
     be transferred to and merged with funds appropriated under 
     the heading ``Grants for Construction of State Extended Care 
     Facilities''.
       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 ``Medical 
     Services'', to remain available until expended for the 
     purposes of that account:  Provided, That, for fiscal year 
     2016, up to $27,000,000 deposited in the Department of 
     Veterans Affairs Medical Care Collections Fund shall be 
     transferred to ``Information Technology Systems'', to remain 
     available until expended, for development of the Medical Care 
     Collections Fund electronic data exchange provider and payer 
     system.
       Sec. 216.  The Secretary of Veterans Affairs may enter into 
     agreements with Indian tribes and tribal organizations which 
     are party to the Alaska Native Health Compact with the Indian 
     Health Service, and Indian tribes and tribal organizations 
     serving rural Alaska which have entered into contracts with 
     the Indian Health Service under the Indian Self Determination 
     and Educational Assistance Act, to provide healthcare, 
     including behavioral health and dental care. 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 sited within the external boundaries of the Alaska 
     Native regions specified in sections 7(a)(1)-(4) and (7)-(12) 
     of the Alaska Native Claims Settlement Act, as amended (43 
     U.S.C. 1606), and those lands within the Alaska Native 
     regions specified in sections 7(a)(5) and 7(a)(6) of the 
     Alaska Native Claims Settlement Act, as amended (43 U.S.C. 
     1606), which are not within the boundaries of the 
     municipality of Anchorage, the Fairbanks North Star Borough, 
     the Kenai Peninsula Borough or the Matanuska Susitna 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.
       Sec. 218.  None of the funds made available in this title 
     may be used to implement any policy prohibiting the Directors 
     of the Veterans Integrated Services Networks from conducting 
     outreach or marketing to enroll new veterans within their 
     respective Networks.
       Sec. 219.  The Secretary of Veterans Affairs shall submit 
     to the Committees on Appropriations of both Houses of 
     Congress a quarterly report on the financial status of the 
     Veterans Health Administration.

                     (including transfer of funds)

       Sec. 220.  Amounts made available under the ``Medical 
     Services'', ``Medical Support and Compliance'', ``Medical 
     Facilities'', ``General Operating Expenses, Veterans Benefits 
     Administration'', ``General Administration'', and ``National 
     Cemetery Administration'' accounts for fiscal year 2016 may 
     be transferred to or from the ``Information Technology 
     Systems'' account:  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 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.
       Sec. 222.  Of the amounts made available to the Department 
     of Veterans Affairs for fiscal year 2016, in this Act or any 
     other Act, under the ``Medical Facilities'' account for 
     nonrecurring maintenance, not more than 20 percent of the 
     funds made available shall be obligated during the last 2 
     months of that fiscal year:  Provided, That the Secretary may 
     waive this requirement after providing written notice to the 
     Committees on Appropriations of both Houses of Congress.

                     (including transfer of funds)

       Sec. 223.  Of the amounts appropriated to the Department of 
     Veterans Affairs for fiscal year 2016 for ``Medical 
     Services'', ``Medical Support and Compliance'', ``Medical 
     Facilities'', ``Construction, Minor Projects'', and 
     ``Information Technology Systems'', up to $266,303,000, 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 I 
     of Public Law 113-235 is repealed.

                     (including transfer of funds)

       Sec. 224.  Of the amounts appropriated to the Department of 
     Veterans Affairs which become available on October 1, 2016, 
     for ``Medical Services'', ``Medical Support and Compliance'', 
     and ``Medical Facilities'', up to $265,675,000, 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. 225.  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

[[Page S7830]]

     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).

                          (transfer of funds)

       Sec. 226.  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.

                    (including rescissions of funds)

       Sec. 227. (a) Of the funds appropriated in division I of 
     Public Law 113-235, the following amounts which become 
     available on October 1, 2015, are hereby rescinded from the 
     following accounts in the amounts specified:
       (1) ``Department of Veterans Affairs, Medical Services'', 
     $1,400,000,000.
       (2) ``Department of Veterans Affairs, Medical Support and 
     Compliance'', $150,000,000.
       (3) ``Department of Veterans Affairs, Medical Facilities'', 
     $250,000,000.
       (b) In addition to amounts provided elsewhere in this Act, 
     an additional amount is appropriated to the following 
     accounts in the amounts specified to remain available until 
     September 30, 2017:
       (1) ``Department of Veterans Affairs, Medical Services'', 
     $1,400,000,000.
       (2) ``Department of Veterans Affairs, Medical Support and 
     Compliance'', $100,000,000.
       (3) ``Department of Veterans Affairs, Medical Facilities'', 
     $250,000,000.
       Sec. 228.  The Secretary of the Department of Veterans 
     Affairs shall notify the Committees on Appropriations of both 
     Houses of Congress of all bid savings in major construction 
     projects 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. 229.  The scope of work for a project included in 
     ``Construction, Major Projects'' may not be increased above 
     the scope specified for that project in the original 
     justification data provided to the Congress as part of the 
     request for appropriations.
       Sec. 230.  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; (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. 231.  Of the funds provided to the Department of 
     Veterans Affairs for fiscal year 2016 for ``Medical 
     Services'' and ``Medical Support and Compliance'', a maximum 
     of $5,000,000 may be obligated from the ``Medical Services'' 
     account and a maximum of $154,596,000 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. 232.  The Secretary of Veterans Affairs shall provide 
     written notification to the Committees on Appropriations of 
     both Houses of Congress 15 days prior to organizational 
     changes which result in the transfer of 25 or more full-time 
     equivalents from one organizational unit of the Department of 
     Veterans Affairs to another.
       Sec. 233.  The Secretary of Veterans Affairs shall provide 
     on a quarterly basis to the Committees on Appropriations of 
     both Houses of Congress notification of any single national 
     outreach and awareness marketing campaign in which 
     obligations exceed $2,000,000.
       Sec. 234.  Not more than $4,400,000 of the funds provided 
     in this Act under the heading ``Department of Veterans 
     Affairs--Departmental Administration--General 
     Administration'' may be used for the Office of Congressional 
     and Legislative Affairs.
       Sec. 235.  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.

                         (rescissions of funds)

       Sec. 236.  Of the discretionary funds made available in 
     title II of division I of Public Law 113-235 for the 
     Department of Veterans Affairs for fiscal year 2016, 
     $198,000,000 are rescinded from ``Medical Services'', 
     $42,000,000 are rescinded from ``Medical Support and 
     Compliance'', and $15,000,000 are rescinded from ``Medical 
     Facilities''.

                         (rescissions of funds)

       Sec. 237. (a) There is hereby rescinded an aggregate amount 
     of $55,000,000 from the total budget authority provided for 
     fiscal year 2016 for discretionary accounts of the Department 
     of Veterans Affairs in--
       (1) this Act; or
       (2) any advance appropriation for fiscal year 2016 in prior 
     appropriation Acts.
       (b) The Secretary shall submit to the Committees on 
     Appropriations of both Houses of Congress a report specifying 
     the account and amount of each rescission not later than 30 
     days following enactment of this Act.

                         (rescission of funds)

       Sec. 238.  Of the unobligated balances available within the 
     ``DOD-VA Health Care Sharing Incentive Fund'', $50,000,000 
     are hereby rescinded.

                         (rescissions of funds)

       Sec. 239.  Of the discretionary funds made available in 
     title II of division I of Public Law 113-235 for the 
     Department of Veterans Affairs for fiscal year 2015, 
     $1,052,000 are rescinded from ``General Administration'', and 
     $5,000,000 are rescinded from ``Construction, Minor 
     Projects''.

                         (rescissions of funds)

       Sec. 240. (a) There is hereby rescinded an aggregate amount 
     of $90,293,000 from prior year unobligated balances available 
     within discretionary accounts of the Department of Veterans 
     Affairs;
       (b) No funds may be rescinded from amounts provided under 
     the following headings:
       (1) ``Medical Services'';
       (2) ``Medical and Prosthetic Research'';
       (3) ``National Cemetery Administration'';
       (4) ``Board of Veterans Appeals'';
       (5) ``General Operating Expenses, Veterans Benefits 
     Administration'';
       (6) ``Office of Inspector General'';
       (7) ``Grants for Construction of State Extended Care 
     Facilities''; and
       (8) ``Grants for Construction of Veterans Cemeteries''.
       (c) No amounts may be rescinded from amounts that were 
     designated by the Congress as an emergency requirement 
     pursuant to the Concurrent Resolution on the Budget or the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.
       (d) The Secretary shall submit to the Committees on 
     Appropriations of both Houses of Congress a report specifying 
     the account and amount of each rescission not later than 30 
     days following enactment of this Act.
       Sec. 241.  Section 2302(a)(2)(A)(viii) of title 5, United 
     States Code, is amended by inserting ``or under title 38'' 
     after ``of this title''.
       Sec. 242.  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. 243.  Section 312 of title 38, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(c)(1) Whenever the Inspector General, in carrying out 
     the duties and responsibilities established under the 
     Inspector General Act of 1978 (5 U.S.C. App.), issues a work 
     product that makes a recommendation or otherwise suggests 
     corrective action, the Inspector General shall--
       ``(A) submit the work product to--
       ``(i) the Secretary;
       ``(ii) the Committee on Veterans' Affairs, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on Appropriations of the Senate;
       ``(iii) the Committee on Veterans' Affairs, the Committee 
     on Oversight and Government Reform, and the Committee on 
     Appropriations of the House of Representatives;
       ``(iv) if the work product was initiated upon request by an 
     individual or entity other than the Inspector General, that 
     individual or entity; and
       ``(v) any Member of Congress upon request; and
       ``(B) the Inspector General shall submit all final work 
     products to--
       ``(i) if the work product was initiated upon request by an 
     individual or entity other than the Inspector General, that 
     individual or entity; and
       ``(ii) any Member of Congress upon request; and
       ``(C) not later than 3 days after the work product is 
     submitted in final form to the Secretary, post the work 
     product on the Internet website of the Inspector General.
       ``(2) Nothing in this subsection shall be construed to 
     authorize the public disclosure of information that is 
     specifically prohibited from disclosure by any other 
     provision of law.''.
       Sec. 244.  None of the funds provided in this Act may be 
     used to pay the salary of any individual who (a) was the 
     Executive Director of the Office of Acquisition, Logistics 
     and Construction, and (b) who retired from Federal service in 
     the midst of an investigation, initiated by the Department of 
     Veterans Affairs, into delays and cost overruns associated 
     with the design and construction of the new medical center in 
     Aurora, Colorado.
       Sec. 245.  Of the amounts appropriated or otherwise made 
     available to the Department of Veterans Affairs for the 
     ``Medical Services'' account for fiscal year 2016 in this Act

[[Page S7831]]

     of any other Act, not less than $10,000,000 shall be used to 
     hire additional caregiver support coordinators to support the 
     programs of assistance and support for caregivers of veterans 
     under section 1720G of title 38, United States Code.
       Sec. 246.  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 State-approved medicinal marijuana program;
       (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.

                               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, 
     $32,141,000:  Provided, That $2,500,000 shall be available 
     for the purpose of providing financial assistance as 
     described, and in accordance with the process and reporting 
     procedures set forth, under this heading in Public Law 102-
     229.

                      Department of Defense--Civil

                       Cemeterial Expenses, Army

                         salaries and expenses

       For necessary expenses for maintenance, operation, and 
     improvement of Arlington National Cemetery and Soldiers' and 
     Airmen's Home National Cemetery, including the purchase or 
     lease of passenger motor vehicles for replacement on a one-
     for-one basis only, and not to exceed $1,000 for official 
     reception and representation expenses, $70,800,000, of which 
     not to exceed $28,000,000 shall remain available until 
     September 30, 2018. 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.

                       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 during the current fiscal year 
     to 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.
       Sec. 303.  For an additional amount for ``Department of 
     Defense--Civil Cemeterial Expenses, Army'' in this title, 
     $30,000,000:  Provided, That notwithstanding any other 
     provision of law, such funds may be transferred to the 
     Federal Highway Administration, Department of Transportation, 
     for construction of access roads adjacent to Arlington 
     National Cemetery to support land acquisition for the 
     expansion of the cemetery.

                                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.  Such sums as may be necessary for fiscal year 
     2016 for pay raises for programs funded by this Act shall be 
     absorbed within the levels appropriated in this Act.
       Sec. 404.  No part of any funds appropriated in this Act 
     shall be used by an agency of the executive branch, other 
     than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution, or use of any kit, pamphlet, 
     booklet, publication, radio, television, or film presentation 
     designed to support or defeat legislation pending before 
     Congress, except in presentation to Congress itself.
       Sec. 405.  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. 406.  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. 407.  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. 408. (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. 409. (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. 410. (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, 
     2016''.
                                 ______
                                 
  SA 2764. Mr. KIRK proposed an amendment to amendment SA 2763 proposed 
by Mr. Kirk (for himself, Mr. Tester, and Ms. Mikulski) to the bill 
H.R. 2029, making appropriations for military construction, the 
Department of Veterans Affairs, and related agencies for the fiscal 
year ending September 30, 2016, and for other purposes; as follows:

       At the appropriate place in title IV, insert the following:
       Sec. __. 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

[[Page S7832]]

     Veterans Affairs of the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 2765. Mr. McCAIN (for himself and Mr. Flake) submitted an 
amendment intended to be proposed to amendment SA 2763 proposed by Mr. 
Kirk (for himself, Mr. Tester, and Ms. Mikulski) to the bill H.R. 2029, 
making appropriations for military construction, the Department of 
Veterans Affairs, and related agencies for the fiscal year ending 
September 30, 2016, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title IV, add the following:
       Sec. 411.  Section 213(c) of the FAA Modernization and 
     Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note) 
     is amended by adding at the end the following:
       ``(3) Notifications and consultations.--Not less than 90 
     days before applying a categorical exclusion under this 
     subsection to a new procedure at an OEP airport, the 
     Administrator shall--
       ``(A) notify and consult with the operator of the airport 
     at which the procedure would be implemented; and
       ``(B) consider consultations or other engagement with the 
     community in the which the airport is located to inform the 
     public of the procedure.
       ``(4) Review of certain categorical exclusions.--
       ``(A) In general.--The Administrator shall review a 
     decision of the Administrator made on or after February 14, 
     2012, and before the date of the enactment of this paragraph 
     to grant a categorical exclusion under this subsection with 
     respect to a procedure to be implemented at an OEP airport 
     that was a material change from procedures previously in 
     effect at the airport to determine if the implementation of 
     the procedure had a significant effect on the human 
     environment in the community in which the airport is located 
     if the operator of that airport requests such a review and 
     demonstrates that there is good cause to believe that the 
     implementation of the procedure had such an effect.
       ``(B) Content of review.--If, in conducting a review under 
     subparagraph (A) with respect to a procedure implemented at 
     an OEP airport, the Administrator, in consultation with the 
     operator of the airport, determines that implementing the 
     procedure had a significant effect on the human environment 
     in the community in which the airport is located, the 
     Administrator shall--
       ``(i) consult with the operator of the airport to identify 
     measures to mitigate the effect of the procedure on the human 
     environment; and
       ``(ii) in conducting such consultations, consider the use 
     of alternative flight paths.
       ``(C) Human environment defined.--In this paragraph, the 
     term `human environment' has the meaning given that term in 
     section 1508.14 of title 40, Code of Federal Regulations (as 
     in effect on the day before the date of the enactment of this 
     Act).''.
                                 ______
                                 
  SA 2766. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill H.R. 2029, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2016, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title II, add the following:
       Sec. 247.  None of the amounts appropriated or otherwise 
     made available by this title may be used to transfer any 
     amount from the Filipino Veterans Equity Compensation Fund to 
     any other account in the Treasury of the United States.
                                 ______
                                 
  SA 2767. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill H.R. 2029, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2016, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  Of the amounts appropriated or otherwise made 
     available to the Department of Veterans Affairs for the 
     Office of General Counsel, $9,000,000 shall be transferred to 
     the ``Medical Services'' account and shall be used to hire 
     full-time gynecologists at medical centers of the Department 
     of Veterans Affairs to ensure that each such medical center 
     has a full-time gynecologist.
                                 ______
                                 
  SA 2768. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill H.R. 2029, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2016, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title II, add the following:
       Sec. 247. (a) None of the amounts appropriated or otherwise 
     made available by this title may be used to pay an employee 
     described in subsection (b) an award or bonus under title 5 
     or 38, United States Code, for performance.
       (b) An employee described in this subsection is any 
     employee of the Veterans Benefits Administration in a senior 
     executive position (as defined in section 713(g) of title 38, 
     United States Code) who is responsible for oversight of the 
     processing or adjudication of claims submitted to the 
     Secretary of Veterans Affairs for compensation under chapter 
     11 or 13 of title 38, United States Code.
                                 ______
                                 
  SA 2769. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill H.R. 2029, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2016, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  None of the funds made available under section 
     231 for ``Medical Support and Compliance'' for the VistA 
     Evolution and electronic health record interoperability 
     projects may be obligated until the Department of Veterans 
     Affairs has implemented all recommendations included in the 
     report by the Comptroller General of the United States (GAO-
     16-184T) regarding the establishment of a time frame for 
     identifying outcome-oriented metrics and defining goals to 
     provide a basis for assessing and reporting on the status of 
     an interoperable electronic health record between the 
     Department of Veterans Affairs and the Department of Defense.

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