[Congressional Record Volume 161, Number 165 (Thursday, November 5, 2015)]
[Senate]
[Pages S7823-S7831]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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
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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''.
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