[Congressional Record Volume 162, Number 75 (Thursday, May 12, 2016)]
[Senate]
[Pages S2753-S2794]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3896. Ms. COLLINS (for herself, Mr. Kirk, Mr. Reed, and Mr. 
Tester) proposed an amendment to the bill H.R. 2577, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2016, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

   DIVISION A--DEPARTMENTS OF TRANSPORTATION, AND HOUSING AND URBAN 
                   DEVELOPMENT, AND RELATED AGENCIES

        The following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Departments 
     of Transportation, and Housing and Urban Development, and 
     related agencies for the fiscal year ending September 30, 
     2017, and for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         salaries and expenses

       For necessary expenses of the Office of the Secretary, 
     $116,396,000, of which not to exceed $2,758,000 shall be 
     available for the immediate Office of the Secretary; not to 
     exceed $1,040,000 shall be available for the immediate Office 
     of the Deputy Secretary; not to exceed $20,772,000 shall be 
     available for the Office of the General Counsel; not to 
     exceed $11,108,000 shall be available for the Office of the 
     Under Secretary of Transportation for Policy; not to exceed 
     $16,020,000 shall be available for the Office of the 
     Assistant Secretary for Budget and Programs; not to exceed 
     $2,569,000 shall be available for the Office of the Assistant 
     Secretary for Governmental Affairs; not to exceed $30,054,000 
     shall be available for the Office of the Assistant Secretary 
     for Administration; not to exceed $2,142,000 shall be 
     available for the Office of Public Affairs; not to exceed 
     $1,760,000 shall be available for the Office of the Executive 
     Secretariat; not to exceed $11,089,000 shall be available for 
     the Office of Intelligence, Security, and Emergency Response; 
     and not to exceed $17,084,000 shall be available for the 
     Office of the Chief Information Officer:  Provided, That the 
     Secretary of Transportation is authorized to transfer funds 
     appropriated for any office of the Office of the Secretary to 
     any other office of the Office of the Secretary:  Provided 
     further, That no appropriation for any office shall be 
     increased or decreased by more than 5 percent by all such 
     transfers:  Provided further, That notice of any change in 
     funding greater than 5 percent shall be submitted for 
     approval to the House and Senate Committees on 
     Appropriations:  Provided further, That not to exceed $60,000 
     shall be for allocation within the Department for official 
     reception and representation expenses as the Secretary may 
     determine:  Provided further, That notwithstanding any other 
     provision of law, excluding fees authorized in Public Law 
     107-71, there may be credited to this appropriation up to 
     $2,500,000 in funds received in user fees:  Provided further, 
     That none of the funds provided in this Act shall be 
     available for the position of Assistant Secretary for Public 
     Affairs.

                        research and technology

       For necessary expenses related to the Office of the 
     Assistant Secretary for Research and Technology, $13,044,000, 
     of which $8,218,000 shall remain available until September 
     30, 2019:  Provided, That there may be credited to this 
     appropriation, to be available until expended, funds received 
     from States, counties, municipalities, other public 
     authorities, and private sources for expenses incurred for 
     training:  Provided further, That any reference in law, 
     regulation, judicial proceedings, or elsewhere to the 
     Research and Innovative Technology Administration shall 
     continue to be deemed to be a reference to the Office of the 
     Assistant Secretary for Research and Technology of the 
     Department of Transportation.

                  national infrastructure investments

       For capital investments in surface transportation 
     infrastructure, $525,000,000, to remain available through 
     September 30, 2020:

[[Page S2754]]

      Provided, That the Secretary of Transportation shall 
     distribute funds provided under this heading as discretionary 
     grants to be awarded to a State, local government, transit 
     agency, or a collaboration among such entities on a 
     competitive basis for projects that will have a significant 
     impact on the Nation, a metropolitan area, or a region:  
     Provided further, That projects eligible for funding provided 
     under this heading shall include, but not be limited to, 
     highway or bridge projects eligible under title 23, United 
     States Code; public transportation projects eligible under 
     chapter 53 of title 49, United States Code; passenger and 
     freight rail transportation projects; and port infrastructure 
     investments (including inland port infrastructure and land 
     ports of entry):  Provided further, That the Secretary may 
     use up to 20 percent of the funds made available under this 
     heading for the purpose of paying the subsidy and 
     administrative costs of projects eligible for Federal credit 
     assistance under chapter 6 of title 23, United States Code, 
     if the Secretary finds that such use of the funds would 
     advance the purposes of this paragraph:  Provided further, 
     That in distributing funds provided under this heading, the 
     Secretary shall take such measures so as to ensure an 
     equitable geographic distribution of funds, an appropriate 
     balance in addressing the needs of urban and rural areas, and 
     the investment in a variety of transportation modes:  
     Provided further, That a grant funded under this heading 
     shall be not less than $5,000,000 and not greater than 
     $25,000,000:  Provided further, That not more than 10 percent 
     of the funds made available under this heading may be awarded 
     to projects in a single State:  Provided further, That the 
     Federal share of the costs for which an expenditure is made 
     under this heading shall be, at the option of the recipient, 
     up to 80 percent:  Provided further, That the Secretary shall 
     give priority to projects that require a contribution of 
     Federal funds in order to complete an overall financing 
     package:  Provided further, That not less than 30 percent of 
     the funds provided under this heading shall be for projects 
     located in rural areas:  Provided further, That for projects 
     located in rural areas, the minimum grant size shall be 
     $1,000,000 and the Secretary may increase the Federal share 
     of costs above 80 percent:  Provided further, That projects 
     conducted using funds provided under this heading must comply 
     with the requirements of subchapter IV of chapter 31 of title 
     40, United States Code:  Provided further, That the Secretary 
     shall conduct a new competition to select the grants and 
     credit assistance awarded under this heading:  Provided 
     further, That the Secretary may retain up to $20,000,000 of 
     the funds provided under this heading, and may transfer 
     portions of those funds to the Administrators of the Federal 
     Highway Administration, the Federal Transit Administration, 
     the Federal Railroad Administration and the Maritime 
     Administration, to fund the award and oversight of grants and 
     credit assistance made under the National Infrastructure 
     Investments program.

     national surface transportation and innovative finance bureau

       For necessary expenses for the establishment and 
     administration of a new National Surface Transportation and 
     Innovative Finance Bureau (the Bureau) within the Office of 
     the Secretary of Transportation, $3,000,000, to remain 
     available until expended:  Provided, That the Secretary of 
     Transportation shall use such amount for the necessary 
     expenses to establish the Bureau and to fulfill the 
     responsibilities of the Bureau, as detailed in section 9001 
     of the Fixing America's Surface Transportation (FAST) Act 
     (Public Law 114-94) (49 U.S.C. 116):  Provided further, That 
     the Secretary is required to receive the advance approval of 
     the House and Senate Committees on Appropriations prior to 
     exercising the authorities of 49 U.S.C. 116(h):  Provided 
     further, That the program be available to other Federal 
     agencies, States, municipalities and project sponsors seeking 
     Federal transportation expertise in obtaining financing.

                      financial management capital

       For necessary expenses for upgrading and enhancing the 
     Department of Transportation's financial systems and re-
     engineering business processes, $4,000,000, to remain 
     available through September 30, 2018.

                       cyber security initiatives

       For necessary expenses for cyber security initiatives, 
     including necessary upgrades to wide area network and 
     information technology infrastructure, improvement of network 
     perimeter controls and identity management, testing and 
     assessment of information technology against business, 
     security, and other requirements, implementation of Federal 
     cyber security initiatives and information infrastructure 
     enhancements, implementation of enhanced security controls on 
     network devices, $15,000,000, to remain available through 
     September 30, 2018.

                         office of civil rights

       For necessary expenses of the Office of Civil Rights, 
     $9,751,000.

           transportation planning, research, and development

       For necessary expenses for conducting transportation 
     planning, research, systems development, development 
     activities, and making grants, to remain available until 
     expended, $12,043,000:  Provided, That of such amount, 
     $3,000,000 shall be for necessary expenses of the Interagency 
     Infrastructure Permitting Improvement Center (IIPIC):  
     Provided further, That there may be transferred to this 
     appropriation, to remain available until expended, amounts 
     from other Federal agencies for expenses incurred under this 
     heading for IIPIC activities not related to transportation 
     infrastructure:  Provided further, That the tools and 
     analysis developed by the IIPIC shall be available to other 
     Federal agencies for the permitting and review of major 
     infrastructure projects not related to transportation to the 
     extent that other Federal agencies provide funding to the 
     Department as provided for under the previous proviso.

                          working capital fund

       For necessary expenses for operating costs and capital 
     outlays of the Working Capital Fund, not to exceed 
     $190,389,000 shall be paid from appropriations made available 
     to the Department of Transportation:  Provided, That such 
     services shall be provided on a competitive basis to entities 
     within the Department of Transportation:  Provided further, 
     That the above limitation on operating expenses shall not 
     apply to non-DOT entities:  Provided further, That no funds 
     appropriated in this Act to an agency of the Department shall 
     be transferred to the Working Capital Fund without majority 
     approval of the Working Capital Fund Steering Committee and 
     approval of the Secretary:  Provided further, That no 
     assessments may be levied against any program, budget 
     activity, subactivity or project funded by this Act unless 
     notice of such assessments and the basis therefor are 
     presented to the House and Senate Committees on 
     Appropriations and are approved by such Committees.

               minority business resource center program

       For the cost of guaranteed loans, $339,000, as authorized 
     by 49 U.S.C. 332:  Provided, That such costs, including the 
     cost of modifying such loans, shall be as defined in section 
     502 of the Congressional Budget Act of 1974:  Provided 
     further, That these funds are available to subsidize total 
     loan principal, any part of which is to be guaranteed, not to 
     exceed $18,367,000.
       In addition, for administrative expenses to carry out the 
     guaranteed loan program, $602,000.

       small and disadvantaged business utilization and outreach

       For the necessary expenses to establish Small and 
     Disadvantaged Business Utilization and Outreach, that will 
     ensure small and disadvantaged business policies of the 
     Secretary of Transportation are developed and implemented in 
     a fair, efficient and effective manner, $4,646,000, to remain 
     available until September 30, 2018:  Provided, That 
     notwithstanding 49 U.S.C. 332, these funds may be used for 
     business opportunities related to any mode of transportation.

                        payments to air carriers

                    (airport and airway trust fund)

       In addition to funds made available from any other source 
     to carry out the essential air service program under 49 
     U.S.C. 41731 through 41742, $150,000,000, to be derived from 
     the Airport and Airway Trust Fund, to remain available until 
     expended:  Provided, That in determining between or among 
     carriers competing to provide service to a community, the 
     Secretary may consider the relative subsidy requirements of 
     the carriers:  Provided further, That basic essential air 
     service minimum requirements shall not include the 15-
     passenger capacity requirement under subsection 41732(b)(3) 
     of title 49, United States Code:  Provided further, That none 
     of the funds in this Act or any other Act shall be used to 
     enter into a new contract with a community located less than 
     40 miles from the nearest small hub airport before the 
     Secretary has negotiated with the community over a local cost 
     share:  Provided further, That amounts authorized to be 
     distributed for the essential air service program under 
     subsection 41742(b) of title 49, United States Code, shall be 
     made available immediately from amounts otherwise provided to 
     the Administrator of the Federal Aviation Administration:  
     Provided further, That the Administrator may reimburse such 
     amounts from fees credited to the account established under 
     section 45303 of title 49, United States Code.

  administrative provisions--office of the secretary of transportation

       Sec. 101.  None of the funds made available in this Act to 
     the Department of Transportation may be obligated for the 
     Office of the Secretary of Transportation to approve 
     assessments or reimbursable agreements pertaining to funds 
     appropriated to the modal administrations in this Act, except 
     for activities underway on the date of enactment of this Act, 
     unless such assessments or agreements have completed the 
     normal reprogramming process for Congressional notification.
       Sec. 102.  Notwithstanding section 3324 of title 31, United 
     States Code, in addition to authority provided by section 327 
     of title 49, United States Code, the Department's Working 
     Capital Fund is hereby authorized to provide payments in 
     advance to vendors that are necessary to carry out the 
     Federal transit pass transportation fringe benefit program 
     under Executive Order 13150 and section 3049 of Public Law 
     109-59:  Provided, That the Department shall include adequate 
     safeguards in the contract with the vendors to ensure timely 
     and high-quality performance under the contract.
       Sec. 103.  The Secretary shall post on the Web site of the 
     Department of Transportation a schedule of all meetings of 
     the

[[Page S2755]]

     Council on Credit and Finance, including the agenda for each 
     meeting, and require the Council on Credit and Finance to 
     record the decisions and actions of each meeting.

                    Federal Aviation Administration

                               operations

                    (airport and airway trust fund)

       For necessary expenses of the Federal Aviation 
     Administration, not otherwise provided for, including 
     operations and research activities related to commercial 
     space transportation, administrative expenses for research 
     and development, establishment of air navigation facilities, 
     the operation (including leasing) and maintenance of 
     aircraft, subsidizing the cost of aeronautical charts and 
     maps sold to the public, lease or purchase of passenger motor 
     vehicles for replacement only, in addition to amounts made 
     available by Public Law 112-95, $10,048,352,000 of which 
     $9,190,000,000 shall be derived from the Airport and Airway 
     Trust Fund, of which not to exceed $7,593,785,000 shall be 
     available for air traffic organization activities; not to 
     exceed $1,286,982,000 shall be available for aviation safety 
     activities; not to exceed $19,826,000 shall be available for 
     commercial space transportation activities; not to exceed 
     $771,342,000 shall be available for finance and management 
     activities; not to exceed $60,155,000 shall be available for 
     NextGen and operations planning activities; not to exceed 
     $107,161,000 shall be available for security and hazardous 
     materials safety; and not to exceed $209,101,000 shall be 
     available for staff offices:  Provided, That not to exceed 2 
     percent of any budget activity, except for aviation safety 
     budget activity, may be transferred to any budget activity 
     under this heading:  Provided further, That no transfer may 
     increase or decrease any appropriation by more than 2 
     percent:  Provided further, That any transfer in excess of 2 
     percent shall be treated as a reprogramming of funds under 
     section 405 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section:  Provided further, That 
     not later than March 31 of each fiscal year hereafter, the 
     Administrator of the Federal Aviation Administration shall 
     transmit to Congress an annual update to the report submitted 
     to Congress in December 2004 pursuant to section 221 of 
     Public Law 108-176:  Provided further, That not later than 
     March 31 of each fiscal year hereafter, the Administrator 
     shall transmit to Congress a companion report that describes 
     a comprehensive strategy for staffing, hiring, and training 
     flight standards and aircraft certification staff in a format 
     similar to the one utilized for the controller staffing plan, 
     including stated attrition estimates and numerical hiring 
     goals by fiscal year:  Provided further, That the amount 
     herein appropriated shall be reduced by $100,000 per day for 
     each day after March 31 that such report has not been 
     submitted to Congress:  Provided further, That funds may be 
     used to enter into a grant agreement with a nonprofit 
     standard-setting organization to assist in the development of 
     aviation safety standards:  Provided further, That none of 
     the funds in this Act shall be available for new applicants 
     for the second career training program:  Provided further, 
     That none of the funds in this Act shall be available for the 
     Federal Aviation Administration to finalize or implement any 
     regulation that would promulgate new aviation user fees not 
     specifically authorized by law after the date of the 
     enactment of this Act:  Provided further, That there may be 
     credited to this appropriation, as offsetting collections, 
     funds received from States, counties, municipalities, foreign 
     authorities, other public authorities, and private sources 
     for expenses incurred in the provision of agency services, 
     including receipts for the maintenance and operation of air 
     navigation facilities, and for issuance, renewal or 
     modification of certificates, including airman, aircraft, and 
     repair station certificates, or for tests related thereto, or 
     for processing major repair or alteration forms:  Provided 
     further, That of the funds appropriated under this heading, 
     not less than $159,000,000 shall be for the contract tower 
     program, including the contract tower cost share program:  
     Provided further, That none of the funds in this Act for 
     aeronautical charting and cartography are available for 
     activities conducted by, or coordinated through, the Working 
     Capital Fund:  Provided further, That none of the funds 
     appropriated or otherwise made available by this Act or any 
     other Act may be used to eliminate the Contract Weather 
     Observers program at any airport.

                        facilities and equipment

                    (airport and airway trust fund)

       For necessary expenses, not otherwise provided for, for 
     acquisition, establishment, technical support services, 
     improvement by contract or purchase, and hire of national 
     airspace systems and experimental facilities and equipment, 
     as authorized under part A of subtitle VII of title 49, 
     United States Code, including initial acquisition of 
     necessary sites by lease or grant; engineering and service 
     testing, including construction of test facilities and 
     acquisition of necessary sites by lease or grant; 
     construction and furnishing of quarters and related 
     accommodations for officers and employees of the Federal 
     Aviation Administration stationed at remote localities where 
     such accommodations are not available; and the purchase, 
     lease, or transfer of aircraft from funds available under 
     this heading, including aircraft for aviation regulation and 
     certification; to be derived from the Airport and Airway 
     Trust Fund, $2,838,000,000, of which $489,000,000 shall 
     remain available until September 30, 2017, and $2,349,000,000 
     shall remain available until September 30, 2019:  Provided, 
     That there may be credited to this appropriation funds 
     received from States, counties, municipalities, other public 
     authorities, and private sources, for expenses incurred in 
     the establishment, improvement, and modernization of national 
     airspace systems:  Provided further, That no later than March 
     31, the Secretary of Transportation shall transmit to the 
     Congress an investment plan for the Federal Aviation 
     Administration which includes funding for each budget line 
     item for fiscal years 2018 through 2022, with total funding 
     for each year of the plan constrained to the funding targets 
     for those years as estimated and approved by the Office of 
     Management and Budget:  Provided further, That the amount 
     herein appropriated shall be reduced by $100,000 per day for 
     each day after March 31 that such report has not been 
     submitted to Congress.

                 research, engineering, and development

                    (airport and airway trust fund)

       For necessary expenses, not otherwise provided for, for 
     research, engineering, and development, as authorized under 
     part A of subtitle VII of title 49, United States Code, 
     including construction of experimental facilities and 
     acquisition of necessary sites by lease or grant, 
     $176,002,000, to be derived from the Airport and Airway Trust 
     Fund and to remain available until September 30, 2018:  
     Provided, That there may be credited to this appropriation as 
     offsetting collections, funds received from States, counties, 
     municipalities, other public authorities, and private 
     sources, which shall be available for expenses incurred for 
     research, engineering, and development.

                       grants-in-aid for airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

                     (including transfer of funds)

       For liquidation of obligations incurred for grants-in-aid 
     for airport planning and development, and noise compatibility 
     planning and programs as authorized under subchapter I of 
     chapter 471 and subchapter I of chapter 475 of title 49, 
     United States Code, and under other law authorizing such 
     obligations; for procurement, installation, and commissioning 
     of runway incursion prevention devices and systems at 
     airports of such title; for grants authorized under section 
     41743 of title 49, United States Code; and for inspection 
     activities and administration of airport safety programs, 
     including those related to airport operating certificates 
     under section 44706 of title 49, United States Code, 
     $3,750,000,000, to be derived from the Airport and Airway 
     Trust Fund and to remain available until expended:  Provided, 
     That none of the funds under this heading shall be available 
     for the planning or execution of programs the obligations for 
     which are in excess of $3,350,000,000 in fiscal year 2017, 
     notwithstanding section 47117(g) of title 49, United States 
     Code:  Provided further, That none of the funds under this 
     heading shall be available for the replacement of baggage 
     conveyor systems, reconfiguration of terminal baggage areas, 
     or other airport improvements that are necessary to install 
     bulk explosive detection systems:  Provided further, That 
     notwithstanding section 47109(a) of title 49, United States 
     Code, the Government's share of allowable project costs under 
     paragraph (2) for subgrants or paragraph (3) of that section 
     shall be 95 percent for a project at other than a large or 
     medium hub airport that is a successive phase of a multi-
     phased construction project for which the project sponsor 
     received a grant in fiscal year 2011 for the construction 
     project:  Provided further, That notwithstanding any other 
     provision of law, of funds limited under this heading, not 
     more than $107,691,000 shall be available for administration, 
     not less than $15,000,000 shall be available for the Airport 
     Cooperative Research Program, not less than $31,375,000 shall 
     be available for Airport Technology Research, and 
     $10,000,000, to remain available until expended, shall be 
     available and transferred to ``Office of the Secretary, 
     Salaries and Expenses'' to carry out the Small Community Air 
     Service Development Program:  Provided further, That in 
     addition to airports eligible under section 41743 of title 
     49, such program may include the participation of an airport 
     that serves a community or consortium that is not larger than 
     a small hub airport, according to FAA hub classifications 
     effective at the time the Office of the Secretary issues a 
     request for proposals.

       administrative provisions--federal aviation administration

       Sec. 110.  None of the funds in this Act may be used to 
     compensate in excess of 600 technical staff-years under the 
     federally funded research and development center contract 
     between the Federal Aviation Administration and the Center 
     for Advanced Aviation Systems Development during fiscal year 
     2017.
       Sec. 111.  None of the funds in this Act shall be used to 
     pursue or adopt guidelines or regulations requiring airport 
     sponsors to provide to the Federal Aviation Administration 
     without cost building construction, maintenance, utilities 
     and expenses, or space in airport sponsor-owned buildings for 
     services relating to air traffic control, air navigation, or 
     weather reporting:  Provided, That the prohibition of funds 
     in this section does not

[[Page S2756]]

     apply to negotiations between the agency and airport sponsors 
     to achieve agreement on ``below-market'' rates for these 
     items or to grant assurances that require airport sponsors to 
     provide land without cost to the FAA for air traffic control 
     facilities.
       Sec. 112.  The Administrator of the Federal Aviation 
     Administration may reimburse amounts made available to 
     satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49 
     U.S.C. 45303 and any amount remaining in such account at the 
     close of that fiscal year shall be made available to satisfy 
     section 41742(a)(1) for the subsequent fiscal year.
       Sec. 113.  Amounts collected under section 40113(e) of 
     title 49, United States Code, shall be credited to the 
     appropriation current at the time of collection, to be merged 
     with and available for the same purposes of such 
     appropriation.
       Sec. 114.  None of the funds in this Act shall be available 
     for paying premium pay under subsection 5546(a) of title 5, 
     United States Code, to any Federal Aviation Administration 
     employee unless such employee actually performed work during 
     the time corresponding to such premium pay.
       Sec. 115.  None of the funds in this Act may be obligated 
     or expended for an employee of the Federal Aviation 
     Administration to purchase a store gift card or gift 
     certificate through use of a Government-issued credit card.
       Sec. 116.  The Secretary shall apportion to the sponsor of 
     an airport that received scheduled or unscheduled air service 
     from a large certified air carrier (as defined in part 241 of 
     title 14 Code of Federal Regulations, or such other 
     regulations as may be issued by the Secretary under the 
     authority of section 41709) an amount equal to the minimum 
     apportionment specified in 49 U.S.C. 47114(c), if the 
     Secretary determines that airport had more than 10,000 
     passenger boardings in the preceding calendar year, based on 
     data submitted to the Secretary under part 241 of title 14, 
     Code of Federal Regulations.
       Sec. 117.  None of the funds in this Act may be obligated 
     or expended for retention bonuses for an employee of the 
     Federal Aviation Administration without the prior written 
     approval of the Assistant Secretary for Administration of the 
     Department of Transportation.
       Sec. 118.  Notwithstanding any other provision of law, none 
     of the funds made available under this Act or any prior Act 
     may be used to implement or to continue to implement any 
     limitation on the ability of any owner or operator of a 
     private aircraft to obtain, upon a request to the 
     Administrator of the Federal Aviation Administration, a 
     blocking of that owner's or operator's aircraft registration 
     number from any display of the Federal Aviation 
     Administration's Aircraft Situational Display to Industry 
     data that is made available to the public, except data made 
     available to a Government agency, for the noncommercial 
     flights of that owner or operator.
       Sec. 119.  None of the funds in this Act shall be available 
     for salaries and expenses of more than nine political and 
     Presidential appointees in the Federal Aviation 
     Administration.
       Sec. 119A.  None of the funds made available under this Act 
     may be used to increase fees pursuant to section 44721 of 
     title 49, United States Code, until the Federal Aviation 
     Administration provides to the House and Senate Committees on 
     Appropriations a report that justifies all fees related to 
     aeronautical navigation products and explains how such fees 
     are consistent with Executive Order 13642.
       Sec. 119B.  None of the funds in this Act may be used to 
     close a regional operations center of the Federal Aviation 
     Administration or reduce its services unless the 
     Administrator notifies the House and Senate Committees on 
     Appropriations not less than 90 full business days in 
     advance.
       Sec. 119C.  None of the funds appropriated or limited by 
     this Act may be used to change weight restrictions or prior 
     permission rules at Teterboro airport in Teterboro, New 
     Jersey.
       Sec. 119D.  None of the funds provided under this Act may 
     be used by the Administrator of the Federal Aviation 
     Administration to withhold from consideration and approval 
     any application for participation in the Contract Tower 
     Program, pending as of January 1, 2016, including 
     applications from Cost-share Program participants if the 
     Administrator determines such tower is eligible under the 
     criteria set forth in the Federal Aviation report, 
     Establishment and Discontinuance Criteria for Airport Traffic 
     Control Towers (FAA-APO-90-7).
       Sec. 119E.  For fiscal year 2017, the Secretary of 
     Transportation shall apportion to the sponsor of a primary 
     airport under section 47114(c)(1)(A) of title 49, United 
     States Code, an amount based on the number of passenger 
     boardings at the airport during calendar year 2012 if the 
     airport had--
       (1) fewer than 10,000 passenger boardings during the 
     calendar year used to calculate the apportionment for fiscal 
     year 2017 under section 116; and
       (2) 10,000 or more passenger boardings during calendar year 
     2012.
       Sec. 119F.  Section 47109(c)(2) of title 49, United States 
     Code, is amended to read as follows: ``The Government's share 
     of allowable project costs determined under this subsection 
     shall not exceed the lesser of 93.75 percent or the highest 
     percentage Government share applicable to any project in any 
     State under subsection (b), except that at a primary non-hub 
     and non-primary commercial service airport located in a State 
     as set forth in paragraph (1) of this subsection that is 
     within 15 miles of another State as set forth in paragraph 
     (1) of this subsection, the Government's share shall be an 
     average of the Government share applicable to any project in 
     each of the States.''.
       Sec. 119G.  Section 911 of the FAA Modernization and Reform 
     Act of 2012 (Public Law 112-95) is amended by inserting after 
     subsection (b) the following new subsection:
       ``(c) Collaboration and Reporting.--
       ``(1) The Administrator, in coordination with NASA, the 
     Department of Energy, U.S. Department of Agriculture, and 
     after consultation with other relevant agencies shall develop 
     a joint plan to carry out the research under subsection (a) 
     and report back to Congress within 180 days.
       ``(2) The Administrator, in coordination with the 
     Administrator of NASA, the Secretary of Energy, and the 
     Secretary of Agriculture, shall continue research and 
     development activities into the development and deployment of 
     jet fuels as outlined in subsection (a).''.
       Sec. 119H.  Section 332(c) of the FAA Modernization and 
     Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note) 
     is amended by adding at the end the following:
       ``(6) Inclusion of certain flight test facilities.--The 
     Administrator shall expand the program established under 
     paragraph (1) to permit projects under the program to be 
     carried out at any public entity authorized by the Federal 
     Aviation Administration as an unmanned aircraft system flight 
     test center before January 1, 2009.''.
       Sec. 119I.  Notwithstanding Section 40117(b)(1) of title 
     49, United States Code, the Secretary of Transportation may 
     authorize use of a passenger facility charge to finance an 
     eligible airport-related project if the eligible agency 
     seeking to impose the new charge controls an airport where a 
     $2 passenger facility charge became effective on January 1, 
     2013; and the airport where the passenger facility charge is 
     collected and the airport at which the project will be 
     carried out were under the control of the same eligible 
     agency on October 1, 2015.

                     Federal Highway Administration

                 limitation on administrative expenses

                          (highway trust fund)

                     (including transfer of funds)

       Not to exceed $433,295,000, together with advances and 
     reimbursements received by the Federal Highway 
     Administration, shall be obligated for necessary expenses for 
     administration and operation of the Federal Highway 
     Administration. In addition, not to exceed $2,500,000 shall 
     be transferred to the Appalachian Regional Commission in 
     accordance with section 104(a) of title 23, United States 
     Code.

                          federal-aid highways

                      (limitation on obligations)

                          (highway trust fund)

       Funds available for the implementation or execution of 
     Federal-aid highway and highway safety construction programs 
     authorized under titles 23 and 49, United States Code, and 
     the provisions of the Fixing America's Surface Transportation 
     Act shall not exceed total obligations of $43,266,100,000 for 
     fiscal year 2017:  Provided, That the Secretary may collect 
     and spend fees, as authorized by title 23, United States 
     Code, to cover the costs of services of expert firms, 
     including counsel, in the field of municipal and project 
     finance to assist in the underwriting and servicing of 
     Federal credit instruments and all or a portion of the costs 
     to the Federal Government of servicing such credit 
     instruments:  Provided further, That such fees are available 
     until expended to pay for such costs:  Provided further, That 
     such amounts are in addition to administrative expenses that 
     are also available for such purpose, and are not subject to 
     any obligation limitation or the limitation on administrative 
     expenses under section 608 of title 23, United States Code.

                (liquidation of contract authorization)

                          (highway trust fund)

       For the payment of obligations incurred in carrying out 
     Federal-aid highway and highway safety construction programs 
     authorized under title 23, United States Code, 
     $44,005,100,000 derived from the Highway Trust Fund (other 
     than the Mass Transit Account), to remain available until 
     expended.

                              (rescission)

                          (highway trust fund)

       Of the unobligated balances of funds apportioned among the 
     States under chapter 1 of title 23, United States Code, a 
     total of $2,211,000,000 is hereby rescinded:  Provided, That 
     such rescission shall not apply to funds distributed in 
     accordance with sections 104(b)(3) and 130(f) of title 23, 
     United States Code; section 133(d)(1)(A) of such title; the 
     first sentence of section 133(d)(3)(A) of such title, as in 
     effect on the day before the date of enactment of MAP-21 
     (Public Law 112-141); sections 133(d)(1) and 163 of such 
     title, as in effect on the day before the date of enactment 
     of SAFETEA-LU (Public Law 109-59); and section 104(b)(5) of 
     such title, as in effect on the day before the date of 
     enactment of MAP-21 (Public Law 112-141):  Provided further, 
     That such rescission shall not apply to funds that are exempt 
     from the obligation limitation or subject to special no-year 
     obligation limitation:  Provided further, That the amount to 
     be rescinded from a State shall be determined by multiplying 
     the total amount of the rescission by the ratio that the 
     unobligated balances subject to the rescission as of

[[Page S2757]]

     September 30, 2016, for the State; bears to the unobligated 
     balances subject to the rescission as of September 30, 2016, 
     for all States:  Provided further, That the amount to be 
     rescinded under this section from each program to which the 
     rescission applies within a State shall be determined by 
     multiplying the rescission amount calculated for such State 
     by the ratio that the unobligated balance as of September 30, 
     2016, for such program in such State; bears to the 
     unobligated balances as of September 30, 2016, for all 
     programs to which the rescission applies in such State.

       administrative provisions--federal highway administration

       Sec. 120. (a) For fiscal year 2017, the Secretary of 
     Transportation shall--
       (1) not distribute from the obligation limitation for 
     Federal-aid highways--
       (A) amounts authorized for administrative expenses and 
     programs by section 104(a) of title 23, United States Code; 
     and
       (B) amounts authorized for the Bureau of Transportation 
     Statistics;
       (2) not distribute an amount from the obligation limitation 
     for Federal-aid highways that is equal to the unobligated 
     balance of amounts--
       (A) made available from the Highway Trust Fund (other than 
     the Mass Transit Account) for Federal-aid highway and highway 
     safety construction programs for previous fiscal years the 
     funds for which are allocated by the Secretary (or 
     apportioned by the Secretary under sections 202 or 204 of 
     title 23, United States Code); and
       (B) for which obligation limitation was provided in a 
     previous fiscal year;
       (3) determine the proportion that--
       (A) the obligation limitation for Federal-aid highways, 
     less the aggregate of amounts not distributed under 
     paragraphs (1) and (2) of this subsection; bears to
       (B) the total of the sums authorized to be appropriated for 
     the Federal-aid highway and highway safety construction 
     programs (other than sums authorized to be appropriated for 
     provisions of law described in paragraphs (1) through (11) of 
     subsection (b) and sums authorized to be appropriated for 
     section 119 of title 23, United States Code, equal to the 
     amount referred to in subsection (b)(12) for such fiscal 
     year), less the aggregate of the amounts not distributed 
     under paragraphs (1) and (2) of this subsection;
       (4) distribute the obligation limitation for Federal-aid 
     highways, less the aggregate amounts not distributed under 
     paragraphs (1) and (2), for each of the programs (other than 
     programs to which paragraph (1) applies) that are allocated 
     by the Secretary under the Fixing America's Surface 
     Transportation Act and title 23, United States Code, or 
     apportioned by the Secretary under sections 202 or 204 of 
     that title, by multiplying--
       (A) the proportion determined under paragraph (3); by
       (B) the amounts authorized to be appropriated for each such 
     program for such fiscal year; and
       (5) distribute the obligation limitation for Federal-aid 
     highways, less the aggregate amounts not distributed under 
     paragraphs (1) and (2) and the amounts distributed under 
     paragraph (4), for Federal-aid highway and highway safety 
     construction programs that are apportioned by the Secretary 
     under title 23, United States Code (other than the amounts 
     apportioned for the National Highway Performance Program in 
     section 119 of title 23, United States Code, that are exempt 
     from the limitation under subsection (b)(12) and the amounts 
     apportioned under sections 202 and 204 of that title) in the 
     proportion that--
       (A) amounts authorized to be appropriated for the programs 
     that are apportioned under title 23, United States Code, to 
     each State for such fiscal year; bears to
       (B) the total of the amounts authorized to be appropriated 
     for the programs that are apportioned under title 23, United 
     States Code, to all States for such fiscal year.
       (b) Exceptions From Obligation Limitation.--The obligation 
     limitation for Federal-aid highways shall not apply to 
     obligations under or for--
       (1) section 125 of title 23, United States Code;
       (2) section 147 of the Surface Transportation Assistance 
     Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
       (3) section 9 of the Federal-Aid Highway Act of 1981 (95 
     Stat. 1701);
       (4) subsections (b) and (j) of section 131 of the Surface 
     Transportation Assistance Act of 1982 (96 Stat. 2119);
       (5) subsections (b) and (c) of section 149 of the Surface 
     Transportation and Uniform Relocation Assistance Act of 1987 
     (101 Stat. 198);
       (6) sections 1103 through 1108 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2027);
       (7) section 157 of title 23, United States Code (as in 
     effect on June 8, 1998);
       (8) section 105 of title 23, United States Code (as in 
     effect for fiscal years 1998 through 2004, but only in an 
     amount equal to $639,000,000 for each of those fiscal years);
       (9) Federal-aid highway programs for which obligation 
     authority was made available under the Transportation Equity 
     Act for the 21st Century (112 Stat. 107) or subsequent Acts 
     for multiple years or to remain available until expended, but 
     only to the extent that the obligation authority has not 
     lapsed or been used;
       (10) section 105 of title 23, United States Code (as in 
     effect for fiscal years 2005 through 2012, but only in an 
     amount equal to $639,000,000 for each of those fiscal years);
       (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 
     Stat. 1248), to the extent that funds obligated in accordance 
     with that section were not subject to a limitation on 
     obligations at the time at which the funds were initially 
     made available for obligation; and
       (12) section 119 of title 23, United States Code (but, for 
     each of fiscal years 2013 through 2017, only in an amount 
     equal to $639,000,000).
       (c) Redistribution of Unused Obligation Authority.--
     Notwithstanding subsection (a), the Secretary shall, after 
     August 1 of such fiscal year--
       (1) revise a distribution of the obligation limitation made 
     available under subsection (a) if an amount distributed 
     cannot be obligated during that fiscal year; and
       (2) redistribute sufficient amounts to those States able to 
     obligate amounts in addition to those previously distributed 
     during that fiscal year, giving priority to those States 
     having large unobligated balances of funds apportioned under 
     sections 144 (as in effect on the day before the date of 
     enactment of Public Law 112-141) and 104 of title 23, United 
     States Code.
       (d) Applicability of Obligation Limitations to 
     Transportation Research Programs.--
       (1) In general.--Except as provided in paragraph (2), the 
     obligation limitation for Federal-aid highways shall apply to 
     contract authority for transportation research programs 
     carried out under--
       (A) chapter 5 of title 23, United States Code; and
       (B) title VI of the Fixing America's Surface Transportation 
     Act.
       (2) Exception.--Obligation authority made available under 
     paragraph (1) shall--
       (A) remain available for a period of 4 fiscal years; and
       (B) be in addition to the amount of any limitation imposed 
     on obligations for Federal-aid highway and highway safety 
     construction programs for future fiscal years.
       (e) Redistribution of Certain Authorized Funds.--
       (1) In general.--Not later than 30 days after the date of 
     distribution of obligation limitation under subsection (a), 
     the Secretary shall distribute to the States any funds 
     (excluding funds authorized for the program under section 202 
     of title 23, United States Code) that--
       (A) are authorized to be appropriated for such fiscal year 
     for Federal-aid highway programs; and
       (B) the Secretary determines will not be allocated to the 
     States (or will not be apportioned to the States under 
     section 204 of title 23, United States Code), and will not be 
     available for obligation, for such fiscal year because of the 
     imposition of any obligation limitation for such fiscal year.
       (2) Ratio.--Funds shall be distributed under paragraph (1) 
     in the same proportion as the distribution of obligation 
     authority under subsection (a)(5).
       (3) Availability.--Funds distributed to each State under 
     paragraph (1) shall be available for any purpose described in 
     section 133(b) of title 23, United States Code.
       Sec. 121.  Notwithstanding 31 U.S.C. 3302, funds received 
     by the Bureau of Transportation Statistics from the sale of 
     data products, for necessary expenses incurred pursuant to 
     chapter 63 of title 49, United States Code, may be credited 
     to the Federal-aid highways account for the purpose of 
     reimbursing the Bureau for such expenses:  Provided, That 
     such funds shall be subject to the obligation limitation for 
     Federal-aid highway and highway safety construction programs.
       Sec. 122.  Not less than 15 days prior to waiving, under 
     his or her statutory authority, any Buy America requirement 
     for Federal-aid highways projects, the Secretary of 
     Transportation shall make an informal public notice and 
     comment opportunity on the intent to issue such waiver and 
     the reasons therefor:  Provided, That the Secretary shall 
     provide an annual report to the House and Senate Committees 
     on Appropriations on any waivers granted under the Buy 
     America requirements.
       Sec. 123.  None of the funds in this Act to the Department 
     of Transportation may be used to provide credit assistance 
     unless not less than 3 days before any application approval 
     to provide credit assistance under sections 603 and 604 of 
     title 23, United States Code, the Secretary of Transportation 
     provides notification in writing to the following committees: 
     the House and Senate Committees on Appropriations; the 
     Committee on Environment and Public Works and the Committee 
     on Banking, Housing and Urban Affairs of the Senate; and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives:  Provided, That such notification shall 
     include, but not be limited to, the name of the project 
     sponsor; a description of the project; whether credit 
     assistance will be provided as a direct loan, loan guarantee, 
     or line of credit; and the amount of credit assistance.
       Sec. 124. (a) A State or territory, as defined in section 
     165 of title 23, United States Code, may, hereafter, use for 
     any project eligible under section 133(b) of title 23 or 
     section 165 of title 23 and located within the boundary of 
     the State or territory any earmarked amount, and any 
     associated obligation limitation, provided that the 
     Department of Transportation for the State or territory for 
     which the earmarked amount was originally

[[Page S2758]]

     designated or directed notifies the Secretary of 
     Transportation of its intent to use its authority under this 
     section and submits a quarterly report to the Secretary 
     identifying the projects to which the funding would be 
     applied. Notwithstanding the original period of availability 
     of funds to be obligated under this section, such funds and 
     associated obligation limitation shall remain available for 
     obligation for a period of 3 fiscal years after the fiscal 
     year in which the Secretary of Transportation is notified. 
     The Federal share of the cost of a project carried out with 
     funds made available under this section shall be the same as 
     associated with the earmark.
       (b) In this section, the term ``earmarked amount'' means--
       (1) congressionally directed spending, as defined in rule 
     XLIV of the Standing Rules of the Senate, identified in a 
     prior law, report, or joint explanatory statement, which was 
     authorized to be appropriated or appropriated more than 10 
     fiscal years prior to the current fiscal year, and 
     administered by the Federal Highway Administration; or
       (2) a congressional earmark, as defined in rule XXI of the 
     Rules of the House of Representatives identified in a prior 
     law, report, or joint explanatory statement, which was 
     authorized to be appropriated or appropriated more than 10 
     fiscal years prior to the current fiscal year, and 
     administered by the Federal Highway Administration.
       (c) The authority under subsection (a) may be exercised 
     only for those projects or activities that have obligated 
     less than 10 percent of the amount made available for 
     obligation as of October 1 of the current fiscal year, and 
     shall be applied to projects within the same general 
     geographic area within 50 miles for which the funding was 
     designated, except that a State or territory may apply such 
     authority to unexpended balances of funds from projects or 
     activities the State or territory certifies have been closed 
     and for which payments have been made under a final voucher.
       (d) The Secretary shall--
       (1) for fiscal year 2017, submit consolidated reports of 
     the information provided by the States and territories each 
     quarter to the House and Senate Committees on Appropriations; 
     and
       (2) for fiscal year 2018 and thereafter, post such 
     information annually on the Department's public Web site.
       Sec. 125.  None of the funds in this Act may be used to 
     make a grant for a project under section 117 of title 23, 
     United States Code, unless the Secretary, at least 60 days 
     before making a grant under that section, provides written 
     notification to the House and Senate Committees on 
     Appropriations of the proposed grant, including an evaluation 
     and justification for the project and the amount of the 
     proposed grant award.
       Sec. 126. (a) Identification of High Priority Corridors on 
     National Highway System.--Section 1105(c) of the Intermodal 
     Surface Transportation Efficiency Act of 1991 is amended by 
     adding at the end the following:
       ``(89) United State Route 67 from Interstate 40 in North 
     Little Rock, Arkansas, to United States Route 412.''.
       (b) Inclusion of Certain Route Segments on Interstate 
     System.--Section 1105(e)(5)(A) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 is amended in the first 
     sentence by striking ``and subsection (c)(83)'' and inserting 
     ``subsection (c)(83), and subsection (c)(89)''.
       (c) Designation.--Section 1105(e)(5)(C)(i) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 is 
     amended by adding at the end the following:
       ``The route referred to in subsection (c)(89) is designated 
     as Interstate Route I-57''.

              Federal Motor Carrier Safety Administration

              motor carrier safety operations and programs

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in the implementation, 
     execution and administration of motor carrier safety 
     operations and programs pursuant to section 31110 of title 
     49, United States Code, as amended by the Fixing America's 
     Surface Transportation Act, $277,200,000, to be derived from 
     the Highway Trust Fund (other than the Mass Transit Account), 
     together with advances and reimbursements received by the 
     Federal Motor Carrier Safety Administration, the sum of which 
     shall remain available until expended:  Provided, That funds 
     available for implementation, execution or administration of 
     motor carrier safety operations and programs authorized under 
     title 49, United States Code, shall not exceed total 
     obligations of $277,200,000 for ``Motor Carrier Safety 
     Operations and Programs'' for fiscal year 2017, of which 
     $9,180,000, to remain available for obligation until 
     September 30, 2019, is for the research and technology 
     program.

                      motor carrier safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out 
     sections 31102, 31103, 31104, and 31313 of title 49, United 
     States Code, as amended by the Fixing America's Surface 
     Transportation Act, $367,000,000, to be derived from the 
     Highway Trust Fund (other than the Mass Transit Account) and 
     to remain available until expended:  Provided, That funds 
     available for the implementation or execution of motor 
     carrier safety programs shall not exceed total obligations of 
     $367,000,000 in fiscal year 2017 for ``Motor Carrier Safety 
     Grants''; of which $292,600,000 shall be available for the 
     motor carrier safety assistance program, $31,200,000 shall be 
     available for the commercial driver's license program 
     implementation program, $42,200,000 shall be available for 
     the high priority activities program, and $1,000,000 shall be 
     available for the commercial motor vehicle operator grant 
     program.

 administrative provisions--federal motor carrier safety administration

       Sec. 130.  Funds appropriated or limited in this Act shall 
     be subject to the terms and conditions stipulated in section 
     350 of Public Law 107-87 and section 6901 of Public Law 110-
     28.
       Sec. 131.  Section 133 of division L, title I of the 
     Consolidated Appropriations Act, 2016, Public Law 114-113, is 
     amended to read as follows:
       ``(a) None of the funds appropriated or otherwise made 
     available by this Act or any other Act may be used to 
     implement, administer, or enforce the requirement for two 
     off-duty periods from 1:00 a.m. to 5:00 a.m. under subsection 
     395.3(c) or the restriction on use of more than one restart 
     during a 168-hour period under subsection 395.3(d) of title 
     49, Code of Federal Regulations, and such provisions shall 
     have no force or effect as of the date of submission of the 
     final report issued by the Secretary of Transportation, as 
     required by section 133 of division K of Public Law 113-235, 
     unless the Secretary and the Inspector General of the 
     Department of Transportation each review and determine that 
     the final report--
       ``(1) meets the statutory requirements set forth in such 
     section; and
       ``(2) establishes that commercial motor vehicle drivers who 
     operated under the restart provisions in operational effect 
     between July 1, 2013, and the day before the date of 
     enactment of such Public Law demonstrated statistically 
     significant improvement in all outcomes related to safety, 
     operator fatigue, driver health and longevity, and work 
     schedules, in comparison to commercial motor vehicle drivers 
     who operated under the restart provisions in operational 
     effect on June 30, 2013.
       ``(b) If the Secretary and Inspector General do not each 
     make the determination required by subsection (a), the 34-
     hour restart rule in operational effect on June 30, 2013, 
     shall be restored to full force and effect on the date the 
     Secretary submits the final report to the House and Senate 
     Committees on Appropriations, and funds appropriated or 
     otherwise made available by this Act or any other Act shall 
     be available to implement, administer, or enforce such rule.
       ``(c) If the 34-hour restart rule in operational effect on 
     June 30, 2013, is restored to full force and effect pursuant 
     to subsection (b), a driver who uses that restart rule may 
     not drive after being on duty more than 73 hours in any 
     period of 7 consecutive days, where the 7-day measurement 
     period moves forward 1 day at midnight each day.''.

             National Highway Traffic Safety Administration

                        operations and research

       For expenses necessary to discharge the functions of the 
     Secretary, with respect to traffic and highway safety 
     authorized under chapter 301 and part C of subtitle VI of 
     title 49, United States Code, $160,075,000, of which 
     $20,000,000 shall remain available through September 30, 
     2018.

                        operations and research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out the 
     provisions of 23 U.S.C. 403, and chapter 303 of title 49, 
     United States Code, $145,900,000, to be derived from the 
     Highway Trust Fund (other than the Mass Transit Account) and 
     to remain available until expended:  Provided, That none of 
     the funds in this Act shall be available for the planning or 
     execution of programs the total obligations for which, in 
     fiscal year 2017, are in excess of $145,900,000, of which 
     $140,700,000 shall be for programs authorized under 23 U.S.C. 
     403 and $5,200,000 shall be for the National Driver Register 
     authorized under chapter 303 of title 49, United States Code: 
      Provided further, That within the $145,900,000 obligation 
     limitation for operations and research, $20,000,000 shall 
     remain available until September 30, 2018, and shall be in 
     addition to the amount of any limitation imposed on 
     obligations for future years.

                     highway traffic safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out 
     provisions of 23 U.S.C. 402, 404, and 405, and section 
     4001(a)(6) of the Fixing America's Surface Transportation 
     Act, to remain available until expended, $585,372,000, to be 
     derived from the Highway Trust Fund (other than the Mass 
     Transit Account):  Provided, That none of the funds in this 
     Act shall be available for the planning or execution of 
     programs the total obligations for which, in fiscal year 
     2017, are in excess of $585,372,000 for programs authorized 
     under 23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of 
     the Fixing America's Surface Transportation Act, of which 
     $252,300,000 shall be for ``Highway Safety Programs'' under 
     23 U.S.C.

[[Page S2759]]

     402; $277,500,000 shall be for ``National Priority Safety 
     Programs'' under 23 U.S.C. 405; $29,500,000 shall be for 
     ``High Visibility Enforcement Program'' under 23 U.S.C. 404; 
     $26,072,000 shall be for ``Administrative Expenses'' under 
     section 4001(a)(6) of the Fixing America's Surface 
     Transportation Act:  Provided further, That none of these 
     funds shall be used for construction, rehabilitation, or 
     remodeling costs, or for office furnishings and fixtures for 
     State, local or private buildings or structures:  Provided 
     further, That not to exceed $500,000 of the funds made 
     available for ``National Priority Safety Programs'' under 23 
     U.S.C. 405 for ``Impaired Driving Countermeasures'' (as 
     described in subsection (d) of that section) shall be 
     available for technical assistance to the States:  Provided 
     further, That with respect to the ``Transfers'' provision 
     under 23 U.S.C. 405(a)(1)(8), any amounts transferred to 
     increase the amounts made available under section 402 shall 
     include the obligation authority for such amounts:  Provided 
     further, That the Administrator shall notify the House and 
     Senate Committees on Appropriations of any exercise of the 
     authority granted under the previous proviso or under 23 
     U.S.C. 405(a)(1)(8) within 5 days.

      administrative provisions--national highway traffic safety 
                             administration

       Sec. 140.  An additional $130,000 shall be made available 
     to the National Highway Traffic Safety Administration, out of 
     the amount limited for section 402 of title 23, United States 
     Code, to pay for travel and related expenses for State 
     management reviews and to pay for core competency development 
     training and related expenses for highway safety staff.
       Sec. 141.  The limitations on obligations for the programs 
     of the National Highway Traffic Safety Administration set in 
     this Act shall not apply to obligations for which obligation 
     authority was made available in previous public laws but only 
     to the extent that the obligation authority has not lapsed or 
     been used.

                    Federal Railroad Administration

                         safety and operations

       For necessary expenses of the Federal Railroad 
     Administration, not otherwise provided for, $208,500,000, of 
     which $15,900,000 shall remain available until expended.

                   railroad research and development

       For necessary expenses for railroad research and 
     development, $40,100,000, to remain available until expended.

       railroad rehabilitation and improvement financing program

       The Secretary of Transportation is authorized to issue 
     direct loans and loan guarantees pursuant to sections 501 
     through 504 of the Railroad Revitalization and Regulatory 
     Reform Act of 1976 (Public Law 94-210), as amended, such 
     authority to exist as long as any such direct loan or loan 
     guarantee is outstanding.

    consolidated rail infrastructure and safety improvements grants

       For necessary expenses related to Consolidated Rail 
     Infrastructure and Safety Improvements Grants as authorized 
     by section 24407 of title 49, United States Code, 
     $50,000,000, to remain available until expended, of which 
     $25,000,000 shall be available to carry out section 24407 
     (c)(1) of title 49, United States Code; and $25,000,000 shall 
     be available to carry out section 24407 (c)(5), (c)(6), 
     (c)(7), and (c)(10) of title 49, United States Code:  
     Provided, That the Secretary may withhold up to one percent 
     of the amount provided under this heading for the costs of 
     project management oversight of grants carried out under 
     section 24407 of title 49, United States Code:  Provided 
     further, That such funds shall only be used for grants 
     related to railroad safety.

       federal-state partnership for state of good repair grants

       For necessary expenses related to Federal-State Partnership 
     for State of Good Repair Grants as authorized by section 
     24911 of title 49, United States Code, $20,000,000, to remain 
     available until expended:  Provided, That the Secretary may 
     withhold up to one percent of the amount provided under this 
     heading for the costs of project management oversight of 
     grants carried out under section 24911 of title 49, United 
     States Code.

                   restoration and enhancement grants

       For necessary expenses related to grants, $15,000,000, to 
     remain available until expended, of which $5,000,000 shall be 
     available to carry out section 24408 of title 49, United 
     States Code; and $10,000,000 shall be available for capital 
     grants for the restoration or initiation of intercity 
     passenger service in an amount not to exceed 50 percent of 
     the total project cost:  Provided, That the Secretary may 
     withhold up to one percent of the funds provided under this 
     heading to fund the costs of project management and 
     oversight.

     northeast corridor grants to the national railroad passenger 
                              corporation

       To enable the Secretary of Transportation to make grants to 
     the National Railroad Passenger Corporation for activities 
     associated with the Northeast Corridor as authorized by 
     section 11101(a) of the Fixing America's Surface 
     Transportation Act (division A of Public Law 114-94), 
     $345,000,000, to remain available until expended:  Provided, 
     That the Secretary may retain up to one-half of 1 percent of 
     the funds provided under both this heading and the National 
     Network Grants to the National Railroad Passenger Corporation 
     heading to fund the costs of project management and oversight 
     of activities authorized by section 11101(c) of division A of 
     Public Law 114-94:  Provided further, That in addition to the 
     project management oversight funds authorized under section 
     11101(c) of division A of Public Law 114-94, the Secretary 
     may retain up to an additional $5,000,000 of the funds 
     provided under this heading to fund expenses associated with 
     the Northeast Corridor Commission established under section 
     24905 of title 49, United States Code:  Provided further, 
     That of the amounts made available under this heading and the 
     National Network Grants to the National Railroad Passenger 
     Corporation heading, not less than $50,000,000 shall be made 
     available to bring Amtrak-served facilities and stations into 
     compliance with the Americans with Disabilities Act.

 national network grants to the national railroad passenger corporation

       To enable the Secretary of Transportation to make grants to 
     the National Railroad Passenger Corporation for activities 
     associated with the National Network as authorized by section 
     11101(b) of the Fixing America's Surface Transportation Act 
     (division A of Public Law 114-94), $1,075,000,000, to remain 
     available until expended:  Provided, That the Secretary may 
     retain up to an additional $2,000,000 of the funds provided 
     under this heading to fund expenses associated with the 
     State-Supported Route Committee established under 24712 of 
     title 49, United States Code.

       administrative provisions--federal railroad administration

       Sec. 150.  None of the funds provided to the National 
     Railroad Passenger Corporation may be used to fund any 
     overtime costs in excess of $35,000 for any individual 
     employee:  Provided, That the President of Amtrak may waive 
     the cap set in the previous proviso for specific employees 
     when the President of Amtrak determines such a cap poses a 
     risk to the safety and operational efficiency of the system:  
     Provided further, That the President of Amtrak shall report 
     to the House and Senate Committees on Appropriations each 
     quarter within 60 days of such quarter of the calendar year 
     on waivers granted to employees and amounts paid above the 
     cap for each month within such quarter and delineate the 
     reasons each waiver was granted:  Provided further, That the 
     President of Amtrak shall report to the House and Senate 
     Committees on Appropriations by May 15, 2017, a summary of 
     all overtime payments incurred by the Corporation for 2016 
     and the three prior calendar years:  Provided further, That 
     such summary shall include the total number of employees that 
     received waivers and the total overtime payments the 
     Corporation paid to those employees receiving waivers for 
     each month for 2016 and for the three prior calendar years.
       Sec. 151.  Section 24408 of title 49, United States Code, 
     is amended by--
       (1) Striking the words ``or enhancing'' in subsection (b) 
     and inserting in its place the words ``enhancing, or 
     supporting'';
       (2) Striking subparagraph (c)(3)(C);
       (3) Striking paragraph (d)(5); and
       (4) Striking subsection (e) and replacing with a new 
     subsection (e) that states ``Grants made under this section 
     may not exceed 80 percent of the projected net operating 
     costs.''.

                     Federal Transit Administration

                        administrative expenses

       For necessary administrative expenses of the Federal 
     Transit Administration's programs authorized by chapter 53 of 
     title 49, United States Code, $110,665,000:  Provided, That 
     none of the funds provided or limited in this Act may be used 
     to create a permanent office of transit security under this 
     heading:  Provided further, That upon submission to the 
     Congress of the fiscal year 2018 President's budget, the 
     Secretary of Transportation shall transmit to Congress the 
     annual report on New Starts, including proposed allocations 
     for fiscal year 2018.

                         transit formula grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in the Federal Public 
     Transportation Assistance Program in this account, and for 
     payment of obligations incurred in carrying out the 
     provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314, 
     5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by 
     the Fixing America's Surface Transportation Act, and section 
     20005(b) of Public Law 112-141, and sections 3006(b) and 3028 
     of the Fixing America's Surface Transportation Act, 
     $10,800,000,000, to be derived from the Mass Transit Account 
     of the Highway Trust Fund and to remain available until 
     expended:  Provided, That funds available for the 
     implementation or execution of programs authorized under 49 
     U.S.C. 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 
     5335, 5337, 5339, and 5340, as amended by the Fixing 
     America's Surface Transportation Act, and section 20005(b) of 
     Public Law 112-141, and sections 3006(b) and 3028 of the 
     Fixing America's Surface Transportation Act, shall not exceed 
     total obligations of $9,733,706,043 in fiscal year 2017:  
     Provided further, That the Federal share of the cost of 
     activities carried out under section 5312 shall not exceed 80 
     percent, except that if there is substantial public interest 
     or benefit, the Secretary may approve a greater Federal 
     share.

                       capital investment grants

       For necessary expenses to carry out 49 U.S.C. 5309 and 
     section 3005(b) of the FAST

[[Page S2760]]

     Act, $2,338,063,000, to remain available until expended.

      grants to the washington metropolitan area transit authority

       For grants to the Washington Metropolitan Area Transit 
     Authority as authorized under section 601 of division B of 
     Public Law 110-432, $150,000,000, to remain available until 
     expended:  Provided, That the Secretary of Transportation 
     shall approve grants for capital and preventive maintenance 
     expenditures for the Washington Metropolitan Area Transit 
     Authority only after receiving and reviewing a request for 
     each specific project:  Provided further, That prior to 
     approving such grants, the Secretary shall certify that the 
     Washington Metropolitan Area Transit Authority is making 
     progress to improve its safety management system in response 
     to the Federal Transit Administration's 2015 safety 
     management inspection:  Provided further, That prior to 
     approving such grants, the Secretary shall certify that the 
     Washington Metropolitan Area Transit Authority is making 
     progress toward full implementation of the corrective actions 
     identified in the 2014 Financial Management Oversight Review 
     Report:  Provided further, That the Secretary shall determine 
     that the Washington Metropolitan Area Transit Authority has 
     placed the highest priority on those investments that will 
     improve the safety of the system before approving such 
     grants:  Provided further, That the Secretary, in order to 
     ensure safety throughout the rail system, may waive the 
     requirements of section 601(e)(1) of division B of Public Law 
     110-432 (112 Stat. 4968).

       administrative provisions--federal transit administration

                         (including rescission)

       Sec. 160.  The limitations on obligations for the programs 
     of the Federal Transit Administration shall not apply to any 
     authority under 49 U.S.C. 5338, previously made available for 
     obligation, or to any other authority previously made 
     available for obligation.
       Sec. 161.  Notwithstanding any other provision of law, 
     funds appropriated or limited by this Act under the heading 
     ``Fixed Guideway Capital Investment'' of the Federal Transit 
     Administration for projects specified in this Act or 
     identified in reports accompanying this Act not obligated by 
     September 30, 2021, and other recoveries, shall be directed 
     to projects eligible to use the funds for the purposes for 
     which they were originally provided.
       Sec. 162.  Notwithstanding any other provision of law, any 
     funds appropriated before October 1, 2016, under any section 
     of chapter 53 of title 49, United States Code, that remain 
     available for expenditure, may be transferred to and 
     administered under the most recent appropriation heading for 
     any such section.
       Sec. 163.  Section 5303(r)(2)(C) of title 49, United States 
     Code, is amended--
       (1) by inserting ``and 25 square miles of land area'' after 
     ``145,000''; and
       (2) by inserting ``and 12 square miles of land area'' after 
     ``65,000''.
       Sec. 164.  Any unobligated amounts made available for 
     fiscal year 2012 or prior fiscal years to carry out the 
     discretionary job access and reverse commute program under 
     section 3037 of the transportation equity act for the 21st 
     century are hereby rescinded:  Provided, That such amounts 
     are made available for projects eligible under 49 U.S.C. 
     5309(q).
       Sec. 165.  Section 5307(a) of title 49, United States Code, 
     is amended by striking paragraphs (2) and (3) and inserting 
     the following:
       ``(2) Special rule.--The Secretary may make grants under 
     this section to finance the operating cost of equipment and 
     facilities for use in public transportation, excluding rail 
     fixed guideway, in an urbanized area with a population of not 
     fewer than 200,000 individuals, as determined by the Bureau 
     of the Census--
       ``(A) for public transportation systems that--
       ``(i) operate 75 or fewer buses in fixed route service or 
     demand response service, excluding ADA complementary 
     paratransit service, during peak service hours, in an amount 
     not to exceed 75 percent of the share of the apportionment 
     which is attributable to such systems within the urbanized 
     area, as measured by vehicle revenue hours; or
       ``(ii) operate a minimum of 76 buses and a maximum of 100 
     buses in fixed route service or demand response service, 
     excluding ADA complementary paratransit service, during peak 
     service hours, in an amount not to exceed 50 percent of the 
     share of the apportionment which is attributable to such 
     systems within the urbanized area, as measured by vehicle 
     revenue hours; or
       ``(B) subject to paragraph (3), for public transportation 
     systems that--
       ``(i) operate 75 or fewer buses in fixed route service or 
     demand response service, excluding ADA complementary 
     paratransit service, during peak service hours, in an amount 
     not to exceed 75 percent of the share of the apportionment 
     allocated to such systems within the urbanized area, as 
     determined by the local planning process and included in the 
     designated recipient's final program of projects prepared 
     under subsection (b); or
       ``(ii) operate a minimum of 76 buses and a maximum of 100 
     buses in fixed route service or demand response service, 
     excluding ADA complementary paratransit service during peak 
     service hours, in an amount not to exceed 50 percent of the 
     share of the apportionment allocated to such systems within 
     the urbanized area, as determined by the local planning 
     process and included in the designated recipient's final 
     program of projects prepared under subsection (b).
       ``(3) Limitation.--The amount available to a public 
     transportation system under subparagraph (B) of paragraph (2) 
     shall be not more than 10 percent greater than the amount 
     that would otherwise be available to the system under 
     subparagraph (A) of that paragraph.''.

             Saint Lawrence Seaway Development Corporation

       The Saint Lawrence Seaway Development Corporation is hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available to the Corporation, 
     and in accord with law, and to make such contracts and 
     commitments without regard to fiscal year limitations as 
     provided by section 104 of the Government Corporation Control 
     Act, as amended, as may be necessary in carrying out the 
     programs set forth in the Corporation's budget for the 
     current fiscal year.

                       operations and maintenance

                    (harbor maintenance trust fund)

       For necessary expenses to conduct the operations, 
     maintenance, and capital asset renewal activities of those 
     portions of the St. Lawrence Seaway owned, operated, and 
     maintained by the Saint Lawrence Seaway Development 
     Corporation, $36,028,000, to be derived from the Harbor 
     Maintenance Trust Fund, pursuant to Public Law 99-662.

                        Maritime Administration

                       maritime security program

       For necessary expenses to maintain and preserve a U.S.-flag 
     merchant fleet to serve the national security needs of the 
     United States, $275,000,000, to remain available until 
     expended:  Provided, That the Maritime Administration may 
     make a reduction in payment pro rata in the event sufficient 
     funds have not been appropriated to pay the full annual 
     payment authorized for the Maritime Security Fleet pursuant 
     to section 53106 of title 46:  Provided further, That the 
     Maritime Administration shall allocate the funds across 60 
     ships.

                        operations and training

       For necessary expenses of operations and training 
     activities authorized by law, $175,160,000, of which 
     $22,000,000 shall remain available until expended for 
     maintenance and repair of training ships at State Maritime 
     Academies, and of which $6,000,000 shall remain available 
     until expended for National Security Multi-Mission Vessel 
     Program for State Maritime Academies and National Security, 
     and of which $2,400,000 shall remain available through 
     September 30, 2018, for the Student Incentive Program at 
     State Maritime Academies, and of which $1,200,000 shall 
     remain available until expended for training ship fuel 
     assistance payments, and of which $18,000,000 shall remain 
     available until expended for facilities maintenance and 
     repair, equipment, and capital improvements at the United 
     States Merchant Marine Academy, and of which $3,000,000 shall 
     remain available through September 30, 2018, for Maritime 
     Environment and Technology Assistance grants, contracts, and 
     cooperative agreement, and of which $5,000,000 shall remain 
     available until expended for the Short Sea Transportation 
     Program (America's Marine Highways) to make grants for the 
     purposes provided in title 46 sections 55601(b)(1) and 
     55601(b)(3):  Provided further, That not later than January 
     12, 2017, the Administrator of the Maritime Administration 
     shall transmit to the House and Senate Committees on 
     Appropriations the annual report on sexual assault and sexual 
     harassment at the United States Merchant Marine Academy as 
     required pursuant to section 3507 of Public Law 110-417.

                     assistance to small shipyards

       To make grants to qualified shipyards as authorized under 
     section 54101 of title 46, United States Code, as amended by 
     Public Law 113-281, $10,000,000 to remain available until 
     expended:  Provided, That the Secretary shall issue the 
     Notice of Funding Availability no later than 15 days after 
     enactment of this Act:  Provided further, That from 
     applications submitted under the previous proviso, the 
     Secretary of Transportation shall make grants no later than 
     120 days after enactment of this Act in such amounts as the 
     Secretary determines:  Provided further, That not to exceed 2 
     percent of the funds appropriated under this heading shall be 
     available for necessary costs of grant administration.

                             ship disposal

       For necessary expenses related to the disposal of obsolete 
     vessels in the National Defense Reserve Fleet of the Maritime 
     Administration, $20,000,000, to remain available until 
     expended, of which $8,000,000 shall be for the 
     decommissioning of the Nuclear Ship Savannah.

          maritime guaranteed loan (title xi) program account

                     (including transfer of funds)

       For the cost of guaranteed loans, as authorized, 
     $5,000,000, of which $2,000,000 shall remain available until 
     expended:  Provided, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974, as amended:  Provided 
     further, That not to exceed $3,000,000 shall be available for 
     administrative expenses to carry out the guaranteed loan 
     program, which shall be transferred to and merged with the 
     appropriations

[[Page S2761]]

     for ``Operations and Training'', Maritime Administration.

           administrative provisions--maritime administration

       Sec. 170.  Notwithstanding any other provision of this Act, 
     in addition to any existing authority, the Maritime 
     Administration is authorized to furnish utilities and 
     services and make necessary repairs in connection with any 
     lease, contract, or occupancy involving Government property 
     under control of the Maritime Administration:  Provided, That 
     payments received therefor shall be credited to the 
     appropriation charged with the cost thereof and shall remain 
     available until expended:  Provided further, That rental 
     payments under any such lease, contract, or occupancy for 
     items other than such utilities, services, or repairs shall 
     be covered into the Treasury as miscellaneous receipts.

         Pipeline and Hazardous Materials Safety Administration

                          operational expenses

                     (including transfer of funds)

       For necessary operational expenses of the Pipeline and 
     Hazardous Materials Safety Administration, $23,207,000:  
     Provided, That no later than June 30, 2016, the Secretary of 
     Transportation shall initiate a rulemaking to expand the 
     applicability of comprehensive oil spill response plans, and 
     shall issue a final rule no later than December 18, 2016:  
     Provided further, That $1,500,000 shall be transferred to 
     ``Pipeline Safety'' in order to fund ``Pipeline Safety 
     Information Grants to Communities'' as authorized under 
     section 60130 of title 49, United States Code.

                       hazardous materials safety

       For expenses necessary to discharge the hazardous materials 
     safety functions of the Pipeline and Hazardous Materials 
     Safety Administration, $57,619,000, of which $7,570,000 shall 
     remain available until September 30, 2019:  Provided, That up 
     to $800,000 in fees collected under 49 U.S.C. 5108(g) shall 
     be deposited in the general fund of the Treasury as 
     offsetting receipts:  Provided further, That there may be 
     credited to this appropriation, to be available until 
     expended, funds received from States, counties, 
     municipalities, other public authorities, and private sources 
     for expenses incurred for training, for reports publication 
     and dissemination, and for travel expenses incurred in 
     performance of hazardous materials exemptions and approvals 
     functions.

                            pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

       For expenses necessary to conduct the functions of the 
     pipeline safety program, for grants-in-aid to carry out a 
     pipeline safety program, as authorized by 49 U.S.C. 60107, 
     and to discharge the pipeline program responsibilities of the 
     Oil Pollution Act of 1990, $149,959,000, of which $20,288,000 
     shall be derived from the Oil Spill Liability Trust Fund and 
     shall remain available until September 30, 2019; and of which 
     $129,671,000 shall be derived from the Pipeline Safety Fund, 
     of which $59,835,000 shall remain available until September 
     30, 2018:  Provided, That not less than $1,058,000 of the 
     funds provided under this heading shall be for the One-Call 
     state grant program.

                     emergency preparedness grants

                     (emergency preparedness fund)

       Notwithstanding the fiscal year limitation specified in 49 
     U.S.C. 5116, not more than $28,318,000 shall be made 
     available for obligation in fiscal year 2017 from amounts 
     made available by 49 U.S.C. 5116(h), and 5128(b) and (c):  
     Provided further, That notwithstanding 49 U.S.C. 5116(h)(4), 
     not more than 4 percent of the amounts made available from 
     this account shall be available to pay administrative costs:  
     Provided further, That none of the funds made available by 49 
     U.S.C. 5116(h), 5128(b), or 5128(c) shall be made available 
     for obligation by individuals other than the Secretary of 
     Transportation, or his or her designee:  Provided further, 
     That notwithstanding 49 U.S.C. 5128(b) and (c) and the 
     current year obligation limitation, prior year recoveries 
     recognized in the current year shall be available to develop 
     a hazardous materials response training curriculum for 
     emergency responders, including response activities for the 
     transportation of crude oil, ethanol and other flammable 
     liquids by rail, consistent with National Fire Protection 
     Association standards, and to make such training available 
     through an electronic format:  Provided further, That the 
     prior year recoveries made available under this heading shall 
     also be available to carry out 49 U.S.C. 5116(a)(1)(C) and 
     5116(i).

                      Office of Inspector General

                         salaries and expenses

       For necessary expenses of the Office of the Inspector 
     General to carry out the provisions of the Inspector General 
     Act of 1978, as amended, $93,550,000:  Provided, That the 
     Inspector General shall have all necessary authority, in 
     carrying out the duties specified in the Inspector General 
     Act, as amended (5 U.S.C. App. 3), to investigate allegations 
     of fraud, including false statements to the government (18 
     U.S.C. 1001), by any person or entity that is subject to 
     regulation by the Department of Transportation.

            General Provisions--Department of Transportation

       Sec. 180.  During the current fiscal year, applicable 
     appropriations to the Department of Transportation shall be 
     available for maintenance and operation of aircraft; hire of 
     passenger motor vehicles and aircraft; purchase of liability 
     insurance for motor vehicles operating in foreign countries 
     on official department business; and uniforms or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902).
       Sec. 181.  Appropriations contained in this Act for the 
     Department of Transportation shall be available for services 
     as authorized by 5 U.S.C. 3109, but at rates for individuals 
     not to exceed the per diem rate equivalent to the rate for an 
     Executive Level IV.
       Sec. 182.  None of the funds in this Act shall be available 
     for salaries and expenses of more than 110 political and 
     Presidential appointees in the Department of Transportation:  
     Provided, That none of the personnel covered by this 
     provision may be assigned on temporary detail outside the 
     Department of Transportation.
       Sec. 183. (a) No recipient of funds made available in this 
     Act shall disseminate personal information (as defined in 18 
     U.S.C. 2725(3)) obtained by a State department of motor 
     vehicles in connection with a motor vehicle record as defined 
     in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 
     for a use permitted under 18 U.S.C. 2721.
       (b) Notwithstanding subsection (a), the Secretary shall not 
     withhold funds provided in this Act for any grantee if a 
     State is in noncompliance with this provision.
       Sec. 184.  Funds received by the Federal Highway 
     Administration and Federal Railroad Administration from 
     States, counties, municipalities, other public authorities, 
     and private sources for expenses incurred for training may be 
     credited respectively to the Federal Highway Administration's 
     ``Federal-Aid Highways'' account and to the Federal Railroad 
     Administration's ``Safety and Operations'' account, except 
     for State rail safety inspectors participating in training 
     pursuant to 49 U.S.C. 20105.
       Sec. 185.  None of the funds in this Act to the Department 
     of Transportation may be used to make a loan, loan guarantee, 
     line of credit, or grant unless the Secretary of 
     Transportation notifies the House and Senate Committees on 
     Appropriations not less than 3 full business days before any 
     project competitively selected to receive a discretionary 
     grant award, any discretionary grant award, letter of intent, 
     loan commitment, loan guarantee commitment, line of credit 
     commitment, or full funding grant agreement.
       Sec. 186.  Rebates, refunds, incentive payments, minor fees 
     and other funds received by the Department of Transportation 
     from travel management centers, charge card programs, the 
     subleasing of building space, and miscellaneous sources are 
     to be credited to appropriations of the Department of 
     Transportation and allocated to elements of the Department of 
     Transportation using fair and equitable criteria and such 
     funds shall be available until expended.
       Sec. 187.  Amounts made available in this or any other Act 
     that the Secretary determines represent improper payments by 
     the Department of Transportation to a third-party contractor 
     under a financial assistance award, which are recovered 
     pursuant to law, shall be available--
       (1) to reimburse the actual expenses incurred by the 
     Department of Transportation in recovering improper payments; 
     and
       (2) to pay contractors for services provided in recovering 
     improper payments or contractor support in the implementation 
     of the Improper Payments Information Act of 2002:  Provided, 
     That amounts in excess of that required for paragraphs (1) 
     and (2)--
       (A) shall be credited to and merged with the appropriation 
     from which the improper payments were made, and shall be 
     available for the purposes and period for which such 
     appropriations are available:  Provided further, That where 
     specific project or accounting information associated with 
     the improper payment or payments is not readily available, 
     the Secretary may credit an appropriate account, which shall 
     be available for the purposes and period associated with the 
     account so credited; or
       (B) if no such appropriation remains available, shall be 
     deposited in the Treasury as miscellaneous receipts:  
     Provided further, That prior to the transfer of any such 
     recovery to an appropriations account, the Secretary shall 
     notify the House and Senate Committees on Appropriations of 
     the amount and reasons for such transfer:  Provided further, 
     That for purposes of this section, the term ``improper 
     payments'' has the same meaning as that provided in section 
     2(d)(2) of Public Law 107-300.
       Sec. 188.  Notwithstanding any other provision of law, if 
     any funds provided in or limited by this Act are subject to a 
     reprogramming action that requires notice to be provided to 
     the House and Senate Committees on Appropriations, 
     transmission of said reprogramming notice shall be provided 
     solely to the House and Senate Committees on Appropriations, 
     and said reprogramming action shall be approved or denied 
     solely by the House and Senate Committees on Appropriations:  
     Provided, That the Secretary of Transportation may provide 
     notice to other congressional committees of the action of the 
     House and Senate Committees on Appropriations on such 
     reprogramming but not sooner than 30 days following the date 
     on which the reprogramming action has been approved or denied 
     by the House and Senate Committees on Appropriations.
       Sec. 189.  Funds appropriated in this Act to the modal 
     administrations may be obligated for the Office of the 
     Secretary for the costs related to assessments or 
     reimbursable

[[Page S2762]]

     agreements only when such amounts are for the costs of goods 
     and services that are purchased to provide a direct benefit 
     to the applicable modal administration or administrations.
       Sec. 190.  The Secretary of Transportation is authorized to 
     carry out a program that establishes uniform standards for 
     developing and supporting agency transit pass and transit 
     benefits authorized under section 7905 of title 5, United 
     States Code, including distribution of transit benefits by 
     various paper and electronic media.
       Sec. 191.  The Department of Transportation may use funds 
     provided by this Act, or any other Act, to assist a contract 
     under title 49 U.S.C. or title 23 U.S.C. utilizing 
     geographic, economic, or any other hiring preference not 
     otherwise authorized by law, except for such preferences 
     authorized in this Act, or to amend a rule, regulation, 
     policy or other measure that forbids a recipient of a Federal 
     Highway Administration or Federal Transit Administration 
     grant from imposing such hiring preference on a contract or 
     construction project with which the Department of 
     Transportation is assisting, only if the grant recipient 
     certifies the following:
       (1) that except with respect to apprentices or trainees, a 
     pool of readily available but unemployed individuals 
     possessing the knowledge, skill, and ability to perform the 
     work that the contract requires resides in the jurisdiction;
       (2) that the grant recipient will include appropriate 
     provisions in its bid document ensuring that the contractor 
     does not displace any of its existing employees in order to 
     satisfy such hiring preference; and
       (3) that any increase in the cost of labor, training, or 
     delays resulting from the use of such hiring preference does 
     not delay or displace any transportation project in the 
     applicable Statewide Transportation Improvement Program or 
     Transportation Improvement Program.
       This title may be cited as the ``Department of 
     Transportation Appropriations Act, 2017''.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration

                           executive offices

       For necessary salaries and expenses for Executive Offices, 
     which shall be comprised of the offices of the Secretary, 
     Deputy Secretary, Adjudicatory Services, Congressional and 
     Intergovernmental Relations, Public Affairs, Small and 
     Disadvantaged Business Utilization, the Departmental 
     Enforcement Center, and the Center for Faith-Based and 
     Neighborhood Partnerships, $30,608,000:  Provided, That not 
     to exceed $25,000 of the amount made available under this 
     heading shall be available to the Secretary for official 
     reception and representation expenses as the Secretary may 
     determine.

                     administrative support offices

       For necessary salaries and expenses for Administrative 
     Support Offices, $503,852,000, of which $53,451,000 shall be 
     available for the Office of the Chief Financial Officer; 
     $79,053,000 shall be available for the Office of the General 
     Counsel; $202,823,000 shall be available for the Office of 
     Administration; $41,641,000 shall be available for the Office 
     of the Chief Human Capital Officer; $52,568,000 shall be 
     available for the Office of Field Policy and Management; 
     $19,130,000 shall be available for the Office of the Chief 
     Procurement Officer; $3,891,000 shall be available for the 
     Office of Departmental Equal Employment Opportunity; 
     $5,147,000 shall be available for the Office of Strategic 
     Planning and Management; and $46,148,000 shall be available 
     for the Office of the Chief Information Officer:  Provided, 
     That funds provided under this heading may be used for 
     necessary administrative and non-administrative expenses of 
     the Department of Housing and Urban Development, not 
     otherwise provided for, including purchase of uniforms, or 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     hire of passenger motor vehicles; and services as authorized 
     by 5 U.S.C. 3109:  Provided further, That notwithstanding any 
     other provision of law, funds appropriated under this heading 
     may be used for advertising and promotional activities that 
     directly support program activities funded in this title:  
     Provided further, That the Secretary shall provide the House 
     and Senate Committees on Appropriations quarterly written 
     notification regarding the status of pending congressional 
     reports:  Provided further, That the Secretary shall provide 
     in electronic form all signed reports required by Congress.

                  Program Office Salaries and Expenses

                       public and indian housing

       For necessary salaries and expenses of the Office of Public 
     and Indian Housing, $220,500,000.

                   community planning and development

       For necessary salaries and expenses of the Office of 
     Community Planning and Development, $110,000,000.

                                housing

       For necessary salaries and expenses of the Office of 
     Housing, $393,000,000.

                    policy development and research

       For necessary salaries and expenses of the Office of Policy 
     Development and Research, $24,500,000.

                   fair housing and equal opportunity

       For necessary salaries and expenses of the Office of Fair 
     Housing and Equal Opportunity, $74,235,000.

            office of lead hazard control and healthy homes

       For necessary salaries and expenses of the Office of Lead 
     Hazard Control and Healthy Homes, $8,075,000.

                          Working Capital Fund

                     (including transfer of funds)

       For the working capital fund for the Department of Housing 
     and Urban Development (referred to in this paragraph as the 
     ``Fund''), pursuant, in part, to section 7(f) of the 
     Department of Housing and Urban Development Act (42 U.S.C. 
     3535(f)), amounts transferred to the Fund under this heading 
     shall be available for Federal shared services used by 
     offices and agencies of the Department, and for such portion 
     of any office or agency's printing, records management, space 
     renovation, furniture, or supply services as the Secretary 
     determines shall be derived from centralized sources made 
     available by the Department to all offices and agencies and 
     funded through the Fund:  Provided, That of the amounts made 
     available in this title for salaries and expenses under the 
     headings ``Executive Offices'', ``Administrative Support 
     Offices'', ``Program Office Salaries and Expenses'', and 
     ``Government National Mortgage Association'', the Secretary 
     shall transfer to the Fund such amounts, to remain available 
     until expended, as are necessary to fund services, specified 
     in the first proviso, for which the appropriation would 
     otherwise have been available, and may transfer not to exceed 
     an additional $10,000,000, in aggregate, from all such 
     appropriations, to be merged with the Fund and to remain 
     available until expended for use for any office or agency:  
     Provided further, That amounts in the Fund shall be the only 
     amounts available to each office or agency of the Department 
     for the services, or portion of services, specified in the 
     first proviso:  Provided further, That with respect to the 
     Fund, the authorities and conditions under this heading shall 
     supplement the authorities and conditions provided under 
     section 7(f).

                       Public and Indian Housing

                     tenant-based rental assistance

       For activities and assistance for the provision of tenant-
     based rental assistance authorized under the United States 
     Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) 
     (``the Act'' herein), not otherwise provided for, 
     $16,431,696,000, to remain available until expended, shall be 
     available on October 1, 2016 (in addition to the 
     $4,000,000,000 previously appropriated under this heading 
     that shall be available on October 1, 2016), and 
     $4,000,000,000, to remain available until expended, shall be 
     available on October 1, 2017:  Provided, That the amounts 
     made available under this heading are provided as follows:
       (1) $18,355,000,000 shall be available for renewals of 
     expiring section 8 tenant-based annual contributions 
     contracts (including renewals of enhanced vouchers under any 
     provision of law authorizing such assistance under section 
     8(t) of the Act) and including renewal of other special 
     purpose incremental vouchers:  Provided, That notwithstanding 
     any other provision of law, from amounts provided under this 
     paragraph and any carryover, the Secretary for the calendar 
     year 2017 funding cycle shall provide renewal funding for 
     each public housing agency based on validated voucher 
     management system (VMS) leasing and cost data for the prior 
     calendar year and by applying an inflation factor as 
     established by the Secretary, by notice published in the 
     Federal Register, and by making any necessary adjustments for 
     the costs associated with the first-time renewal of vouchers 
     under this paragraph including tenant protection, HOPE VI, 
     and Choice Neighborhoods vouchers:  Provided further, That 
     none of the funds provided under this paragraph may be used 
     to fund a total number of unit months under lease which 
     exceeds a public housing agency's authorized level of units 
     under contract, except for public housing agencies 
     participating in the MTW demonstration, which are instead 
     governed by the terms and conditions of their MTW agreements: 
      Provided further, That the Secretary shall, to the extent 
     necessary to stay within the amount specified under this 
     paragraph (except as otherwise modified under this 
     paragraph), prorate each public housing agency's allocation 
     otherwise established pursuant to this paragraph:  Provided 
     further, That except as provided in the following provisos, 
     the entire amount specified under this paragraph (except as 
     otherwise modified under this paragraph) shall be obligated 
     to the public housing agencies based on the allocation and 
     pro rata method described above, and the Secretary shall 
     notify public housing agencies of their annual budget by the 
     latter of 60 days after enactment of this Act or March 1, 
     2017:  Provided further, That the Secretary may extend the 
     notification period with the prior written approval of the 
     House and Senate Committees on Appropriations:  Provided 
     further, That public housing agencies participating in the 
     MTW demonstration shall be funded pursuant to their MTW 
     agreements and shall be subject to the same pro rata 
     adjustments under the previous provisos:  Provided further, 
     That the Secretary may offset public housing agencies' 
     calendar year 2017 allocations based on the excess amounts of 
     public housing agencies' net restricted assets accounts, 
     including HUD held programmatic reserves (in accordance with 
     VMS data in calendar year 2016 that is verifiable and 
     complete), as determined by the Secretary:  Provided further, 
     That public housing agencies participating

[[Page S2763]]

     in the MTW demonstration shall also be subject to the offset, 
     as determined by the Secretary, excluding amounts subject to 
     the single fund budget authority provisions of their MTW 
     agreements, from the agencies' calendar year 2017 MTW funding 
     allocation:  Provided further, That the Secretary shall use 
     any offset referred to in the previous two provisos 
     throughout the calendar year to prevent the termination of 
     rental assistance for families as the result of insufficient 
     funding, as determined by the Secretary, and to avoid or 
     reduce the proration of renewal funding allocations:  
     Provided further, That up to $75,000,000 shall be available 
     only: (1) for adjustments in the allocations for public 
     housing agencies, after application for an adjustment by a 
     public housing agency that experienced a significant 
     increase, as determined by the Secretary, in renewal costs of 
     vouchers resulting from unforeseen circumstances or from 
     portability under section 8(r) of the Act; (2) for vouchers 
     that were not in use during the previous 12-month period in 
     order to be available to meet a commitment pursuant to 
     section 8(o)(13) of the Act; (3) for adjustments for costs 
     associated with HUD-Veterans Affairs Supportive Housing (HUD-
     VASH) vouchers; and (4) for public housing agencies that 
     despite taking reasonable cost savings measures, as 
     determined by the Secretary, would otherwise be required to 
     terminate rental assistance for families as a result of 
     insufficient funding:  Provided further, That the Secretary 
     shall allocate amounts under the previous proviso based on 
     need, as determined by the Secretary;
       (2) $110,000,000 shall be for section 8 rental assistance 
     for relocation and replacement of housing units that are 
     demolished or disposed of pursuant to section 18 of the Act, 
     conversion of section 23 projects to assistance under section 
     8, the family unification program under section 8(x) of the 
     Act, relocation of witnesses in connection with efforts to 
     combat crime in public and assisted housing pursuant to a 
     request from a law enforcement or prosecution agency, 
     enhanced vouchers under any provision of law authorizing such 
     assistance under section 8(t) of the Act, HOPE VI and Choice 
     Neighborhood vouchers, mandatory and voluntary conversions, 
     and tenant protection assistance including replacement and 
     relocation assistance or for project-based assistance to 
     prevent the displacement of unassisted elderly tenants 
     currently residing in section 202 properties financed between 
     1959 and 1974 that are refinanced pursuant to Public Law 106-
     569, as amended, or under the authority as provided under 
     this Act:  Provided, That when a public housing development 
     is submitted for demolition or disposition under section 18 
     of the Act, the Secretary may provide section 8 rental 
     assistance when the units pose an imminent health and safety 
     risk to residents:  Provided further, That the Secretary may 
     only provide replacement vouchers for units that were 
     occupied within the previous 24 months that cease to be 
     available as assisted housing, subject only to the 
     availability of funds:  Provided further, That any tenant 
     protection voucher made available from amounts under this 
     paragraph shall not be reissued by any public housing agency, 
     except the replacement vouchers as defined by the Secretary 
     by notice, when the initial family that received any such 
     voucher no longer receives such voucher, and the authority 
     for any public housing agency to issue any such voucher shall 
     cease to exist;
       (3) $1,768,696,000 shall be for administrative and other 
     expenses of public housing agencies in administering the 
     section 8 tenant-based rental assistance program, of which up 
     to $10,000,000 shall be available to the Secretary to 
     allocate to public housing agencies that need additional 
     funds to administer their section 8 programs, including fees 
     associated with section 8 tenant protection rental 
     assistance, the administration of disaster related vouchers, 
     Veterans Affairs Supportive Housing vouchers, and other 
     special purpose incremental vouchers:  Provided, That no less 
     than $1,758,696,000 of the amount provided in this paragraph 
     shall be allocated to public housing agencies for the 
     calendar year 2017 funding cycle based on section 8(q) of the 
     Act (and related Appropriation Act provisions) as in effect 
     immediately before the enactment of the Quality Housing and 
     Work Responsibility Act of 1998 (Public Law 105-276):  
     Provided further, That if the amounts made available under 
     this paragraph are insufficient to pay the amounts determined 
     under the previous proviso, the Secretary may decrease the 
     amounts allocated to agencies by a uniform percentage 
     applicable to all agencies receiving funding under this 
     paragraph or may, to the extent necessary to provide full 
     payment of amounts determined under the previous proviso, 
     utilize unobligated balances, including recaptures and 
     carryovers, remaining from funds appropriated to the 
     Department of Housing and Urban Development under this 
     heading from prior fiscal years, excluding special purpose 
     vouchers, notwithstanding the purposes for which such amounts 
     were appropriated:  Provided further, That all public housing 
     agencies participating in the MTW demonstration shall be 
     funded pursuant to their MTW agreements, and shall be subject 
     to the same uniform percentage decrease as under the previous 
     proviso:  Provided further, That amounts provided under this 
     paragraph shall be only for activities related to the 
     provision of tenant-based rental assistance authorized under 
     section 8, including related development activities;
       (4) $110,000,000 for the renewal of tenant-based assistance 
     contracts under section 811 of the Cranston-Gonzalez National 
     Affordable Housing Act (42 U.S.C. 8013), including necessary 
     administrative expenses:  Provided, That administrative and 
     other expenses of public housing agencies in administering 
     the special purpose vouchers in this paragraph shall be 
     funded under the same terms and be subject to the same pro 
     rata reduction as the percent decrease for administrative and 
     other expenses to public housing agencies under paragraph (3) 
     of this heading;
       (5) $7,000,000 shall be for rental assistance and 
     associated administrative fees for Tribal HUD-VA Supportive 
     Housing to serve Native American veterans that are homeless 
     or at-risk of homelessness living on or near a reservation or 
     other Indian areas:  Provided, That such amount shall be made 
     available for renewal grants to the recipients that received 
     assistance under the rental assistance and supportive housing 
     demonstration program for Native American veterans authorized 
     under the heading ``Tenant-Based Rental Assistance'' in title 
     II of division K of the Consolidated and Further Continuing 
     Appropriations Act, 2015 (Public Law 113-235, 128 Stat. 
     2733):  Provided further, That the Secretary shall be 
     authorized to specify criteria for renewal grants, including 
     data on the utilization of assistance reported by grant 
     recipients under the demonstration program:  Provided 
     further, That any amounts remaining after such renewal 
     assistance is awarded may be available for new grants to 
     recipients eligible to receive block grants under the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. section 4101 et seq.) for rental assistance 
     and associated administrative fees for Tribal HUD-VA 
     Supportive Housing to serve Native American veterans that are 
     homeless or at-risk of homelessness living on or near a 
     reservation or other Indian areas:  Provided further, That 
     funds shall be awarded based on need and administrative 
     capacity established by the Secretary in a Notice published 
     in the Federal Register after coordination with the Secretary 
     of the Department of Veterans Affairs:  Provided further, 
     That renewal grants and new grants under this paragraph shall 
     be administered by block grant recipients in accordance with 
     program requirements under the Native American Housing 
     Assistance and Self-Determination Act of 1996:  Provided 
     further, That assistance under this paragraph shall be 
     modeled after, with necessary and appropriate adjustments for 
     Native American grant recipients and veterans, the rental 
     assistance and supportive housing program known as HUD-VASH 
     program, including administration in conjunction with the 
     Department of Veterans Affairs and overall implementation of 
     section 8(o)(19) of the United States Housing Act of 1937:  
     Provided further, That the Secretary of Housing and Urban 
     Development may waive, or specify alternative requirements 
     for any provision of any statute or regulation that the 
     Secretary of Housing and Urban Development administers in 
     connection with the use of funds made available under this 
     paragraph (except for requirements related to fair housing, 
     nondiscrimination, labor stands, and the environment), upon a 
     finding by the Secretary that any such waivers or alternative 
     requirements are necessary for the effective delivery and 
     administration of such assistance:  Provided further, That 
     grant recipients shall report to the Secretary on utilization 
     of such rental assistance and other program data, as 
     prescribed by the Secretary;
       (6) $50,000,000 for incremental rental voucher assistance 
     for use through a supported housing program administered in 
     conjunction with the Department of Veterans Affairs as 
     authorized under section 8(o)(19) of the United States 
     Housing Act of 1937:  Provided, That the Secretary of Housing 
     and Urban Development shall make such funding available, 
     notwithstanding section 204 (competition provision) of this 
     title, to public housing agencies that partner with eligible 
     VA Medical Centers or other entities as designated by the 
     Secretary of the Department of Veterans Affairs, based on 
     geographical need for such assistance as identified by the 
     Secretary of the Department of Veterans Affairs, public 
     housing agency administrative performance, and other factors 
     as specified by the Secretary of Housing and Urban 
     Development in consultation with the Secretary of the 
     Department of Veterans Affairs:  Provided further, That the 
     Secretary of Housing and Urban Development may waive, or 
     specify alternative requirements for (in consultation with 
     the Secretary of the Department of Veterans Affairs), any 
     provision of any statute or regulation that the Secretary of 
     Housing and Urban Development administers in connection with 
     the use of funds made available under this paragraph (except 
     for requirements related to fair housing, nondiscrimination, 
     labor standards, and the environment), upon a finding by the 
     Secretary that any such waivers or alternative requirements 
     are necessary for the effective delivery and administration 
     of such voucher assistance:  Provided further, That 
     assistance made available under this paragraph shall continue 
     to remain available for homeless veterans upon turn-over;
       (7) $20,000,000 shall be made available for new incremental 
     voucher assistance through the family unification program as 
     authorized by section 8(x) of the Act:  Provided, That the 
     assistance made available under this paragraph shall continue 
     to remain available for family unification upon turnover:  
     Provided further, That for any public housing agency

[[Page S2764]]

     administering voucher assistance appropriated in a prior Act 
     under the family unification program that determines that it 
     no longer has an identified need for such assistance upon 
     turnover, such agency shall notify the Secretary, and the 
     Secretary shall recapture such assistance from the agency and 
     reallocate it to any other public housing agency or agencies 
     based on need for voucher assistance in connection with such 
     program;
       (8) $11,000,000 shall be made available for the housing 
     choice voucher mobility demonstration authorized under 
     section 243 of this title; and
       (9) the Secretary shall separately track all special 
     purpose vouchers funded under this heading.

                        housing certificate fund

                        (including rescissions)

       Unobligated balances, including recaptures and carryover, 
     remaining from funds appropriated to the Department of 
     Housing and Urban Development under this heading, the heading 
     ``Annual Contributions for Assisted Housing'' and the heading 
     ``Project-Based Rental Assistance'', for fiscal year 2017 and 
     prior years may be used for renewal of or amendments to 
     section 8 project-based contracts and for performance-based 
     contract administrators, notwithstanding the purposes for 
     which such funds were appropriated:  Provided, That any 
     obligated balances of contract authority from fiscal year 
     1974 and prior that have been terminated shall be rescinded:  
     Provided further, That amounts heretofore recaptured, or 
     recaptured during the current fiscal year, from section 8 
     project-based contracts from source years fiscal year 1975 
     through fiscal year 1987 are hereby rescinded, and an amount 
     of additional new budget authority, equivalent to the amount 
     rescinded is hereby appropriated, to remain available until 
     expended, for the purposes set forth under this heading, in 
     addition to amounts otherwise available.

                      public housing capital fund

       For the Public Housing Capital Fund Program to carry out 
     capital and management activities for public housing 
     agencies, as authorized under section 9 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437g) (the ``Act'') 
     $1,925,000,000, to remain available until September 30, 2020: 
      Provided, That notwithstanding any other provision of law or 
     regulation, during fiscal year 2017, the Secretary of Housing 
     and Urban Development may not delegate to any Department 
     official other than the Deputy Secretary and the Assistant 
     Secretary for Public and Indian Housing any authority under 
     paragraph (2) of section 9(j) regarding the extension of the 
     time periods under such section:  Provided further, That for 
     purposes of such section 9(j), the term ``obligate'' means, 
     with respect to amounts, that the amounts are subject to a 
     binding agreement that will result in outlays, immediately or 
     in the future:  Provided further, That up to $10,000,000 
     shall be to support ongoing public housing financial and 
     physical assessment activities:  Provided further, That up to 
     $1,000,000 shall be to support the costs of administrative 
     and judicial receiverships:  Provided further, That of the 
     total amount provided under this heading, not to exceed 
     $21,500,000 shall be available for the Secretary to make 
     grants, notwithstanding section 204 of this Act, to public 
     housing agencies for emergency capital needs including safety 
     and security measures necessary to address crime and drug-
     related activity as well as needs resulting from unforeseen 
     or unpreventable emergencies and natural disasters excluding 
     Presidentially declared emergencies and natural disasters 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2017:  
     Provided further, That of the amount made available under the 
     previous proviso, not less than $5,000,000 shall be for 
     safety and security measures:  Provided further, That in 
     addition to the amount in the previous proviso for such 
     safety and security measures, any amounts that remain 
     available, after all applications received on or before 
     September 30, 2018, for emergency capital needs have been 
     processed, shall be allocated to public housing agencies for 
     such safety and security measures:  Provided further, That of 
     the total amount provided under this heading $35,000,000 
     shall be for supportive services, service coordinator and 
     congregate services as authorized by section 34 of the Act 
     (42 U.S.C. 1437z-6) and the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
     et seq.):  Provided further, That of the total amount made 
     available under this heading, $15,000,000 shall be for a 
     Jobs-Plus initiative modeled after the Jobs-Plus 
     demonstration:  Provided further, That the funding provided 
     under the previous proviso shall provide competitive grants 
     to partnerships between public housing authorities, local 
     workforce investment boards established under section 117 of 
     the Workforce Investment Act of 1998, and other agencies and 
     organizations that provide support to help public housing 
     residents obtain employment and increase earnings:  Provided 
     further, That applicants must demonstrate the ability to 
     provide services to residents, partner with workforce 
     investment boards, and leverage service dollars:  Provided 
     further, That the Secretary may allow public housing agencies 
     to request exemptions from rent and income limitation 
     requirements under sections 3 and 6 of the United States 
     Housing Act of 1937 as necessary to implement the Jobs-Plus 
     program, on such terms and conditions as the Secretary may 
     approve upon a finding by the Secretary that any such waivers 
     or alternative requirements are necessary for the effective 
     implementation of the Jobs-Plus initiative as a voluntary 
     program for residents:  Provided further, That the Secretary 
     shall publish by notice in the Federal Register any waivers 
     or alternative requirements pursuant to the preceding proviso 
     no later than 10 days before the effective date of such 
     notice:  Provided further, That for funds provided under this 
     heading, the limitation in section 9(g)(1) of the Act shall 
     be 25 percent:  Provided further, That the Secretary may 
     waive the limitation in the previous proviso to allow public 
     housing agencies to fund activities authorized under section 
     9(e)(1)(C) of the Act:  Provided further, That the Secretary 
     shall notify public housing agencies requesting waivers under 
     the previous proviso if the request is approved or denied 
     within 14 days of submitting the request:  Provided further, 
     That from the funds made available under this heading, the 
     Secretary shall provide bonus awards in fiscal year 2017 to 
     public housing agencies that are designated high performers:  
     Provided further, That the Department shall notify public 
     housing agencies of their formula allocation within 60 days 
     of enactment of this Act:  Provided further, That of the 
     total amount provided under this heading, $25,000,000 shall 
     be available for competitive grants to public housing 
     agencies to evaluate and reduce lead-based paint hazards in 
     public housing by carrying out the activities of risk 
     assessments, abatement, and interim controls (as those terms 
     are defined in section 1004 of the Residential Lead-Based 
     Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b)):  
     Provided further, That for purposes of environmental review, 
     a grant under the previous proviso shall be considered funds 
     for projects or activities under title I of the United States 
     Housing Act of 1937 (42 U.S.C. 1437 et seq.) for purposes of 
     section 26 of such Act (42 U.S.C. 1437x) and shall be subject 
     to the regulations implementing such section.

                     public housing operating fund

       For 2017 payments to public housing agencies for the 
     operation and management of public housing, as authorized by 
     section 9(e) of the United States Housing Act of 1937 (42 
     U.S.C. 1437g(e)), $4,675,000,000, to remain available until 
     September 30, 2018.

                    choice neighborhoods initiative

       For competitive grants under the Choice Neighborhoods 
     Initiative (subject to section 24 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise 
     specified under this heading), for transformation, 
     rehabilitation, and replacement housing needs of both public 
     and HUD-assisted housing and to transform neighborhoods of 
     poverty into functioning, sustainable mixed income 
     neighborhoods with appropriate services, schools, public 
     assets, transportation and access to jobs, $80,000,000, to 
     remain available until September 30, 2019:  Provided, That 
     grant funds may be used for resident and community services, 
     community development, and affordable housing needs in the 
     community, and for conversion of vacant or foreclosed 
     properties to affordable housing:  Provided further, That the 
     use of funds made available under this heading shall not be 
     deemed to be public housing notwithstanding section 3(b)(1) 
     of such Act:  Provided further, That grantees shall commit to 
     an additional period of affordability determined by the 
     Secretary of not fewer than 20 years:  Provided further, That 
     grantees shall provide a match in State, local, other Federal 
     or private funds:  Provided further, That grantees may 
     include local governments, tribal entities, public housing 
     authorities, and nonprofits:  Provided further, That for-
     profit developers may apply jointly with a public entity:  
     Provided further, That for purposes of environmental review, 
     a grantee shall be treated as a public housing agency under 
     section 26 of the United States Housing Act of 1937 (42 
     U.S.C. 1437x), and grants under this heading shall be subject 
     to the regulations issued by the Secretary to implement such 
     section:  Provided further, That of the amount provided, not 
     less than $48,000,000 shall be awarded to public housing 
     agencies:  Provided further, That such grantees shall create 
     partnerships with other local organizations including 
     assisted housing owners, service agencies, and resident 
     organizations:  Provided further, That no more than 
     $5,000,000 of funds made available under this heading may be 
     provided as grants to undertake comprehensive local planning 
     with input from residents and the community:  Provided 
     further, That unobligated balances, including recaptures, 
     remaining from funds appropriated under the heading 
     ``Revitalization of Severely Distressed Public Housing (HOPE 
     VI)'' in fiscal year 2011 and prior fiscal years may be used 
     for purposes under this heading, notwithstanding the purposes 
     for which such amounts were appropriated:  Provided further, 
     That implementation grants awarded under this heading may 
     only be awarded to grantees that have previously been awarded 
     planning grants.

                        family self-sufficiency

       For the Family Self-Sufficiency program to support family 
     self-sufficiency coordinators under section 23 of the United 
     States Housing Act of 1937, to promote the development of 
     local strategies to coordinate the use of assistance under 
     sections 8(o) and 9 of such Act with public and private 
     resources, and enable eligible families to achieve economic 
     independence and self-sufficiency, $75,000,000, to remain 
     available until September 30, 2018:  Provided, That the 
     Secretary

[[Page S2765]]

     may, by Federal Register notice, waive or specify alternative 
     requirements under sections b(3), b(4), b(5), or c(1) of 
     section 23 of such Act in order to facilitate the operation 
     of a unified self-sufficiency program for individuals 
     receiving assistance under different provisions of the Act, 
     as determined by the Secretary:  Provided further, That 
     owners of a privately owned multifamily property with a 
     section 8 contract may voluntarily make a Family Self-
     Sufficiency program available to the assisted tenants of such 
     property in accordance with procedures established by the 
     Secretary:  Provided further, That such procedures 
     established pursuant to the previous proviso shall permit 
     participating tenants to accrue escrow funds in accordance 
     with section 23(d)(2) and shall allow owners to use funding 
     from residual receipt accounts to hire coordinators for their 
     own Family Self-Sufficiency program.

                          indian block grants

       For activities and assistance authorized under title I of 
     the Native American Housing Assistance and Self-Determination 
     Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), title I of 
     the Housing and Community Development Act of 1974 with 
     respect to Indian tribes (42 U.S.C. 5306(a)(1)), and related 
     technical assistance, $714,000,000, to remain available until 
     September 30, 2021:  Provided, That the amounts made 
     available under this heading are provided as follows:
       (1) $646,500,000 shall be available for the Indian Housing 
     Block Grant program, as authorized under title I of NAHASDA:  
     Provided, That, notwithstanding NAHASDA, to determine the 
     amount of the allocation under title I of such Act for each 
     Indian tribe, the Secretary shall apply the formula under 
     section 302 of such Act with the need component based on 
     single-race census data and with the need component based on 
     multi-race census data, and the amount of the allocation for 
     each Indian tribe shall be the greater of the two resulting 
     allocation amounts:  Provided further, That notwithstanding 
     section 302(d) of NAHASDA, if on January 1, 2017, a 
     recipient's total amount of undisbursed block grant funds in 
     the Department's line of credit control system is greater 
     than three times the formula allocation it would otherwise 
     receive under the first proviso under this paragraph, the 
     Secretary shall adjust that recipient's formula allocation 
     down by the difference between its total amount of 
     undisbursed block grant funds in the Department's line of 
     credit control system on January 1, 2017, and three times the 
     formula allocation it would otherwise receive:  Provided 
     further, That notwithstanding the previous two provisos, no 
     Indian tribe shall receive an allocation amount greater than 
     10 percent of the total amount made available under this 
     paragraph:  Provided further, That grant amounts not 
     allocated to a recipient pursuant to the previous two 
     provisos shall be allocated under the need component of the 
     formula proportionately among all other Indian tribes not 
     subject to an adjustment under such provisos:  Provided 
     further, That the second and third provisos shall not apply 
     to any Indian tribe that would otherwise receive a formula 
     allocation of less than $8,000,000:  Provided further, That 
     to take effect, the four previous provisos do not require 
     issuance or amendment of any regulation, and shall not be 
     construed to confer hearing rights under any section of 
     NAHASDA or its implementing regulations:  Provided further, 
     That the Department will notify grantees of their formula 
     allocation within 60 days of the date of enactment of this 
     Act;
       (2) $2,000,000 shall be made available for the cost of 
     guaranteed notes and other obligations, as authorized by 
     title VI of NAHASDA:  Provided, That such costs, including 
     the costs of modifying such notes and other obligations, 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974, as amended:  Provided further, That these 
     funds are available to subsidize the total principal amount 
     of any notes and other obligations, any part of which is to 
     be guaranteed, not to exceed $17,857,142 to remain available 
     until September 30, 2021;
       (3) $60,000,000 shall be for grants to Indian tribes for 
     carrying out the Community Development Block Grant program as 
     authorized under title I of the Housing and Community 
     Development Act of 1974, notwithstanding section 106(a)(1) of 
     such Act, of which, up to $4,000,000 may be used for 
     emergencies that constitute imminent threats to health and 
     safety notwithstanding any other provision of law (including 
     section 204 of this title):  Provided, That not to exceed 20 
     percent of any grant made with funds appropriated under this 
     paragraph shall be expended for planning and management 
     development and administration; and
       (4) $5,500,000 shall be to support the inspection of Indian 
     housing units, contract expertise, training, and technical 
     assistance needs in Indian country related to funding 
     provided under this heading.

           indian housing loan guarantee fund program account

       For the cost of guaranteed loans, as authorized by section 
     184 of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13a), $5,500,000, to remain available until 
     expended:  Provided, That such costs, including the costs of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974:  Provided further, That 
     these funds are available to subsidize total loan principal, 
     any part of which is to be guaranteed, up to $1,341,463,415, 
     to remain available until expended:  Provided further, That 
     up to $750,000 of this amount may be for administrative 
     contract expenses including management processes and systems 
     to carry out the loan guarantee program:  Provided further, 
     That an additional $1,000,000 shall be available until 
     expended for such costs of guaranteed loans authorized under 
     such section 184 issued to tribes and Indian housing 
     authorities for the construction of rental housing for law 
     enforcement, healthcare, educational, technical and other 
     skilled workers:  Provided further, That the funds specified 
     in the previous proviso are available to subsidize total loan 
     principal, any part of which is to be guaranteed, up to 
     $243,902,439 to remain available until expended:  Provided 
     further, That the Secretary may specify any additional 
     program requirements with respect to the previous two 
     provisos through publication of a Mortgagee Letter or Notice.

                  native hawaiian housing block grant

       For the Native Hawaiian Housing Block Grant program, as 
     authorized under title VIII of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 
     et seq.), $5,000,000, to remain available until September 30, 
     2021.

                   Community Planning and Development

              housing opportunities for persons with aids

       For carrying out the Housing Opportunities for Persons with 
     AIDS program, as authorized by the AIDS Housing Opportunity 
     Act (42 U.S.C. 12901 et seq.), $335,000,000, to remain 
     available until September 30, 2018, except that amounts 
     allocated pursuant to section 854(c)(3) of such Act shall 
     remain available until September 30, 2019:  Provided, That 
     the Secretary shall renew all expiring contracts for 
     permanent supportive housing that initially were funded under 
     section 854(c)(3) of such Act from funds made available under 
     this heading in fiscal year 2010 and prior fiscal years that 
     meet all program requirements before awarding funds for new 
     contracts under such section:  Provided further, That 
     notwithstanding section 854(c)(1) of such Act or any 
     implementing regulation, the Secretary shall allocate 90 
     percent of the funds by formula, of which 75 percent shall be 
     among cities that are the most populous unit of general local 
     government in a metropolitan statistical area with a 
     population greater than 500,000 and have more than 2,000 
     persons living with the human immunodeficiency virus (HIV) or 
     AIDS, and States with more than 2,000 persons living with HIV 
     or AIDS outside of metropolitan statistical areas, as 
     reported to and confirmed by the Director of the Centers for 
     Disease Control and Prevention (CDC) as of December 31 of the 
     most recent calendar year for which such data is available, 
     and of which 25 percent shall be among such eligible States 
     and cities that are the most populous unit of general local 
     government in a metropolitan statistical area based on fair 
     market rents and area poverty indexes, as determined by the 
     Secretary:  Provided further, That a grantee's share shall 
     not reflect a loss greater than 5 percent or a gain greater 
     than 10 percent of the share of total available formula funds 
     that the grantee received in the preceding fiscal year:  
     Provided further, That any grantee that received a formula 
     allocation in fiscal year 2016 shall continue to be eligible 
     for formula allocation in this fiscal year:  Provided 
     further, That the Department shall notify grantees of their 
     formula allocation within 60 days of enactment of this Act.

                       community development fund

       For assistance to units of State and local government, and 
     to other entities, for economic and community development 
     activities, and for other purposes, $3,000,000,000, to remain 
     available until September 30, 2019, unless otherwise 
     specified:  Provided, That of the total amount provided, 
     $3,000,000,000 is for carrying out the community development 
     block grant program under title I of the Housing and 
     Community Development Act of 1974, as amended (``the Act'' 
     herein) (42 U.S.C. 5301 et seq.):  Provided further, That 
     unless explicitly provided for under this heading, not to 
     exceed 20 percent of any grant made with funds appropriated 
     under this heading shall be expended for planning and 
     management development and administration:  Provided further, 
     That a metropolitan city, urban county, unit of general local 
     government, or Indian tribe, or insular area that directly or 
     indirectly receives funds under this heading may not sell, 
     trade, or otherwise transfer all or any portion of such funds 
     to another such entity in exchange for any other funds, 
     credits or non-Federal considerations, but must use such 
     funds for activities eligible under title I of the Act:  
     Provided further, That notwithstanding section 105(e)(1) of 
     the Act, no funds provided under this heading may be provided 
     to a for-profit entity for an economic development project 
     under section 105(a)(17) unless such project has been 
     evaluated and selected in accordance with guidelines required 
     under subparagraph (e)(2):  Provided further, That the 
     Department shall notify grantees of their formula allocation 
     within 60 days of enactment of this Act.

         community development loan guarantees program account

       Subject to section 502 of the Congressional Budget Act of 
     1974, during fiscal year 2017, commitments to guarantee loans 
     under section 108 of the Housing and Community Development 
     Act of 1974 (42 U.S.C. 5308), any part of which is 
     guaranteed, shall not exceed a total principal amount of 
     $300,000,000, notwithstanding any aggregate limitation on

[[Page S2766]]

     outstanding obligations guaranteed in subsection (k) of such 
     section 108:  Provided, That the Secretary shall collect fees 
     from borrowers, notwithstanding subsection (m) of such 
     section 108, to result in a credit subsidy cost of zero for 
     guaranteeing such loans, and any such fees shall be collected 
     in accordance with section 502(7) of the Congressional Budget 
     Act of 1974.

                  home investment partnerships program

       For the HOME Investment Partnerships program, as authorized 
     under title II of the Cranston-Gonzalez National Affordable 
     Housing Act, as amended, $950,000,000, to remain available 
     until September 30, 2020:  Provided, That notwithstanding the 
     amount made available under this heading, the threshold 
     reduction requirements in sections 216(10) and 217(b)(4) of 
     such Act shall not apply to allocations of such amount:  
     Provided further, That the requirements under provisos 2 
     through 6 under this heading for fiscal year 2012 and such 
     requirements applicable pursuant to the ``Full-Year 
     Continuing Appropriations Act, 2013'', shall not apply to any 
     project to which funds were committed on or after August 23, 
     2013, but such projects shall instead be governed by the 
     Final Rule titled ``Home Investment Partnerships Program; 
     Improving Performance and Accountability; Updating Property 
     Standards'' which became effective on such date:  Provided 
     further, That the Department shall notify grantees of their 
     formula allocation within 60 days of enactment of this Act.

        self-help and assisted homeownership opportunity program

       For the Self-Help and Assisted Homeownership Opportunity 
     Program, as authorized under section 11 of the Housing 
     Opportunity Program Extension Act of 1996, as amended, 
     $50,000,000, to remain available until September 30, 2019:  
     Provided, That of the total amount provided under this 
     heading, $10,000,000 shall be made available to the Self-Help 
     and Assisted Homeownership Opportunity Program as authorized 
     under section 11 of the Housing Opportunity Program Extension 
     Act of 1996, as amended:  Provided further, That of the total 
     amount provided under this heading, $35,000,000 shall be made 
     available for the second, third, and fourth capacity building 
     activities authorized under section 4(a) of the HUD 
     Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not 
     less than $5,000,000 shall be made available for rural 
     capacity building activities:  Provided further, That of the 
     total amount provided under this heading, $5,000,000 shall be 
     made available for capacity building by national rural 
     housing organizations with experience assessing national 
     rural conditions and providing financing, training, technical 
     assistance, information, and research to local nonprofits, 
     local governments and Indian Tribes serving high need rural 
     communities:  Provided further, That an additional 
     $4,000,000, to remain available until expended, shall be for 
     a program to rehabilitate and modify homes of disabled or 
     low-income veterans as authorized under section 1079 of 
     Public Law 113-291.

                       homeless assistance grants

       For the emergency solutions grants program as authorized 
     under subtitle B of title IV of the McKinney-Vento Homeless 
     Assistance Act, as amended; the continuum of care program as 
     authorized under subtitle C of title IV of such Act; and the 
     rural housing stability assistance program as authorized 
     under subtitle D of title IV of such Act, $2,330,000,000, to 
     remain available until September 30, 2019:  Provided, That 
     any rental assistance amounts that are recaptured under such 
     continuum of care program shall remain available until 
     expended:  Provided further, That not less than $250,000,000 
     of the funds appropriated under this heading shall be 
     available for such emergency solutions grants program:  
     Provided further, That not less than $2,013,000,000 of the 
     funds appropriated under this heading shall be available for 
     such continuum of care and rural housing stability assistance 
     programs:  Provided further, That up to $7,000,000 of the 
     funds appropriated under this heading shall be available for 
     the national homeless data analysis project:  Provided 
     further, That all funds awarded for supportive services under 
     the continuum of care program and the rural housing stability 
     assistance program shall be matched by not less than 25 
     percent in cash or in kind by each grantee:  Provided 
     further, That for all match requirements applicable to funds 
     made available under this heading for this fiscal year and 
     prior years, a grantee may use (or could have used) as a 
     source of match funds other funds administered by the 
     Secretary and other Federal agencies unless there is (or was) 
     a specific statutory prohibition on any such use of any such 
     funds:  Provided further, That none of the funds provided 
     under this heading shall be available to provide funding for 
     new projects, except for projects created through 
     reallocation, unless the Secretary determines that the 
     continuum of care has demonstrated that projects are 
     evaluated and ranked based on the degree to which they 
     improve the continuum of care's system performance:  Provided 
     further, That the Secretary shall prioritize funding under 
     the continuum of care program to continuums of care that have 
     demonstrated a capacity to reallocate funding from lower 
     performing projects to higher performing projects:  Provided 
     further, That any unobligated amounts remaining from funds 
     appropriated under this heading in fiscal year 2012 and prior 
     years for project-based rental assistance for rehabilitation 
     projects with 10-year grant terms may be used for purposes 
     under this heading, notwithstanding the purposes for which 
     such funds were appropriated:  Provided further, That all 
     balances for Shelter Plus Care renewals previously funded 
     from the Shelter Plus Care Renewal account and transferred to 
     this account shall be available, if recaptured, for continuum 
     of care renewals in fiscal year 2017:  Provided further, That 
     the Department shall notify grantees of their formula 
     allocation from amounts allocated (which may represent 
     initial or final amounts allocated) for the emergency 
     solutions grant program within 60 days of enactment of this 
     Act:  Provided further, That up to $40,000,000 of the funds 
     appropriated under this heading shall be to implement 
     projects to demonstrate how a comprehensive approach to 
     serving homeless youth, age 24 and under, in up to 11 
     communities, including at least five rural communities, can 
     dramatically reduce youth homelessness:  Provided further, 
     That such projects shall be eligible for renewal under the 
     continuum of care program subject to the same terms and 
     conditions as other renewal applicants:  Provided further, 
     That youth aged 24 and under seeking assistance under this 
     heading shall not be required to provide third party 
     documentation to establish their eligibility under 42 U.S.C. 
     11302(a) or (b) to receive services:  Provided further, That 
     unaccompanied youth aged 24 and under or families headed by 
     youth aged 24 and under who are living in unsafe situations 
     may be served by youth-serving providers funded under this 
     heading.

                            Housing Programs

                    rental assistance demonstration

       For continuing activities under the heading ``Rental 
     Assistance Demonstration'' in the Department of Housing and 
     Urban Development Appropriations Act, 2012 (Public Law 112-
     55), $4,000,000, to remain available until September 30, 
     2020:  Provided, That such funds shall only be available to 
     properties converting from assistance under section 202(c)(2) 
     of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)).

                    project-based rental assistance

       For activities and assistance for the provision of project-
     based subsidy contracts under the United States Housing Act 
     of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise 
     provided for, $10,501,000,000, to remain available until 
     expended, shall be available on October 1, 2016 (in addition 
     to the $400,000,000 previously appropriated under this 
     heading that became available October 1, 2016), and 
     $400,000,000, to remain available until expended, shall be 
     available on October 1, 2017:  Provided, That the amounts 
     made available under this heading shall be available for 
     expiring or terminating section 8 project-based subsidy 
     contracts (including section 8 moderate rehabilitation 
     contracts), for amendments to section 8 project-based subsidy 
     contracts (including section 8 moderate rehabilitation 
     contracts), for contracts entered into pursuant to section 
     441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11401), for renewal of section 8 contracts for units in 
     projects that are subject to approved plans of action under 
     the Emergency Low Income Housing Preservation Act of 1987 or 
     the Low-Income Housing Preservation and Resident 
     Homeownership Act of 1990, and for administrative and other 
     expenses associated with project-based activities and 
     assistance funded under this paragraph:  Provided further, 
     That of the total amounts provided under this heading, not to 
     exceed $235,000,000 shall be available for performance-based 
     contract administrators for section 8 project-based 
     assistance, for carrying out 42 U.S.C. 1437(f):  Provided 
     further, That the Secretary of Housing and Urban Development 
     may also use such amounts in the previous proviso for 
     performance-based contract administrators for the 
     administration of: interest reduction payments pursuant to 
     section 236(a) of the National Housing Act (12 U.S.C. 1715z-
     1(a)); rent supplement payments pursuant to section 101 of 
     the Housing and Urban Development Act of 1965 (12 U.S.C. 
     1701s); section 236(f)(2) rental assistance payments (12 
     U.S.C. 1715z-1(f)(2)); project rental assistance contracts 
     for the elderly under section 202(c)(2) of the Housing Act of 
     1959 (12 U.S.C. 1701q); project rental assistance contracts 
     for supportive housing for persons with disabilities under 
     section 811(d)(2) of the Cranston-Gonzalez National 
     Affordable Housing Act (42 U.S.C. 8013(d)(2)); project 
     assistance contracts pursuant to section 202(h) of the 
     Housing Act of 1959 (Public Law 86-372; 73 Stat. 667); and 
     loans under section 202 of the Housing Act of 1959 (Public 
     Law 86-372; 73 Stat. 667):  Provided further, That amounts 
     recaptured under this heading, the heading ``Annual 
     Contributions for Assisted Housing'', or the heading 
     ``Housing Certificate Fund'', may be used for renewals of or 
     amendments to section 8 project-based contracts or for 
     performance-based contract administrators, notwithstanding 
     the purposes for which such amounts were appropriated:  
     Provided further, That, notwithstanding any other provision 
     of law, upon the request of the Secretary of Housing and 
     Urban Development, project funds that are held in residual 
     receipts accounts for any project subject to a section 8 
     project-based Housing Assistance Payments contract that 
     authorizes HUD or a Housing Finance Agency to require that 
     surplus project funds be deposited in an interest-bearing 
     residual receipts account and that are in excess of an amount 
     to be determined by the Secretary, shall be remitted to the 
     Department and deposited in this account, to be available 
     until

[[Page S2767]]

     expended:  Provided further, That amounts deposited pursuant 
     to the previous proviso shall be available in addition to the 
     amount otherwise provided by this heading for uses authorized 
     under this heading.

                        housing for the elderly

       For amendments to capital advance contracts for housing for 
     the elderly, as authorized by section 202 of the Housing Act 
     of 1959, as amended, and for project rental assistance for 
     the elderly under section 202(c)(2) of such Act, including 
     amendments to contracts for such assistance and renewal of 
     expiring contracts for such assistance for up to a 1-year 
     term, and for senior preservation rental assistance 
     contracts, including renewals, as authorized by section 
     811(e) of the American Housing and Economic Opportunity Act 
     of 2000, as amended, and for supportive services associated 
     with the housing, $505,000,000 to remain available until 
     September 30, 2020:  Provided, That of the amount provided 
     under this heading, up to $75,000,000 shall be for service 
     coordinators and the continuation of existing congregate 
     service grants for residents of assisted housing projects:  
     Provided further, That amounts under this heading shall be 
     available for Real Estate Assessment Center inspections and 
     inspection-related activities associated with section 202 
     projects:  Provided further, That the Secretary may waive the 
     provisions of section 202 governing the terms and conditions 
     of project rental assistance, except that the initial 
     contract term for such assistance shall not exceed 5 years in 
     duration:  Provided further, That upon request of the 
     Secretary of Housing and Urban Development, project funds 
     that are held in residual receipts accounts for any project 
     subject to a section 202 project rental assistance contract, 
     and that upon termination of such contract are in excess of 
     an amount to be determined by the Secretary, shall be 
     remitted to the Department and deposited in this account, to 
     be available until September 30, 2020:  Provided further, 
     That amounts deposited in this account pursuant to the 
     previous proviso shall be available, in addition to the 
     amounts otherwise provided by this heading, for amendments 
     and renewals:  Provided further, That unobligated balances, 
     including recaptures and carryover, remaining from funds 
     transferred to or appropriated under this heading shall be 
     available for amendments and renewals notwithstanding the 
     purposes for which such funds originally were appropriated.

                 housing for persons with disabilities

       For amendments to capital advance contracts for supportive 
     housing for persons with disabilities, as authorized by 
     section 811 of the Cranston-Gonzalez National Affordable 
     Housing Act (42 U.S.C. 8013), for project rental assistance 
     for supportive housing for persons with disabilities under 
     section 811(d)(2) of such Act and for project assistance 
     contracts pursuant to section 202(h) of the Housing Act of 
     1959 (Public Law 86-372; 73 Stat. 667), including amendments 
     to contracts for such assistance and renewal of expiring 
     contracts for such assistance for up to a 1-year term, for 
     project rental assistance to State housing finance agencies 
     and other appropriate entities as authorized under section 
     811(b)(3) of the Cranston-Gonzalez National Housing Act, and 
     for supportive services associated with the housing for 
     persons with disabilities as authorized by section 811(b)(1) 
     of such Act, $154,000,000, to remain available until 
     September 30, 2020:  Provided, That amounts made available 
     under this heading shall be available for Real Estate 
     Assessment Center inspections and inspection-related 
     activities associated with section 811 projects:  Provided 
     further, That, in this fiscal year, upon the request of the 
     Secretary of Housing and Urban Development, project funds 
     that are held in residual receipts accounts for any project 
     subject to a section 811 project rental assistance contract 
     and that upon termination of such contract are in excess of 
     an amount to be determined by the Secretary shall be remitted 
     to the Department and deposited in this account, to be 
     available until September 30, 2020:  Provided further, That 
     amounts deposited in this account pursuant to the previous 
     proviso shall be available in addition to the amounts 
     otherwise provided by this heading for the purposes 
     authorized under this heading:  Provided further, That 
     unobligated balances, including recaptures and carryover, 
     remaining from funds transferred to or appropriated under 
     this heading may be used for the current purposes authorized 
     under this heading notwithstanding the purposes for which 
     such funds originally were appropriated.

                     housing counseling assistance

       For contracts, grants, and other assistance excluding 
     loans, as authorized under section 106 of the Housing and 
     Urban Development Act of 1968, as amended, $47,000,000, to 
     remain available until September 30, 2018, including up to 
     $4,500,000 for administrative contract services:  Provided, 
     That grants made available from amounts provided under this 
     heading shall be awarded within 180 days of enactment of this 
     Act:  Provided further, That funds shall be used for 
     providing counseling and advice to tenants and homeowners, 
     both current and prospective, with respect to property 
     maintenance, financial management/literacy, and such other 
     matters as may be appropriate to assist them in improving 
     their housing conditions, meeting their financial needs, and 
     fulfilling the responsibilities of tenancy or homeownership; 
     for program administration; and for housing counselor 
     training:  Provided further, That for purposes of providing 
     such grants from amounts provided under this heading, the 
     Secretary may enter into multiyear agreements as appropriate, 
     subject to the availability of annual appropriations.

                       rental housing assistance

       For amendments to contracts under section 101 of the 
     Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) 
     and section 236(f)(2) of the National Housing Act (12 U.S.C. 
     1715z-1) in State-aided, noninsured rental housing projects, 
     $20,000,000, to remain available until expended:  Provided, 
     That such amount, together with unobligated balances from 
     recaptured amounts appropriated prior to fiscal year 2006 
     from terminated contracts under such sections of law, and any 
     unobligated balances, including recaptures and carryover, 
     remaining from funds appropriated under this heading after 
     fiscal year 2005, shall also be available for extensions of 
     up to one year for expiring contracts under such sections of 
     law.

            payment to manufactured housing fees trust fund

       For necessary expenses as authorized by the National 
     Manufactured Housing Construction and Safety Standards Act of 
     1974 (42 U.S.C. 5401 et seq.), up to $10,500,000, to remain 
     available until expended, of which $10,500,000 is to be 
     derived from the Manufactured Housing Fees Trust Fund:  
     Provided, That not to exceed the total amount appropriated 
     under this heading shall be available from the general fund 
     of the Treasury to the extent necessary to incur obligations 
     and make expenditures pending the receipt of collections to 
     the Fund pursuant to section 620 of such Act:  Provided 
     further, That the amount made available under this heading 
     from the general fund shall be reduced as such collections 
     are received during fiscal year 2017 so as to result in a 
     final fiscal year 2017 appropriation from the general fund 
     estimated at zero, and fees pursuant to such section 620 
     shall be modified as necessary to ensure such a final fiscal 
     year 2017 appropriation:  Provided further, That for the 
     dispute resolution and installation programs, the Secretary 
     of Housing and Urban Development may assess and collect fees 
     from any program participant:  Provided further, That such 
     collections shall be deposited into the Fund, and the 
     Secretary, as provided herein, may use such collections, as 
     well as fees collected under section 620, for necessary 
     expenses of such Act:  Provided further, That, 
     notwithstanding the requirements of section 620 of such Act, 
     the Secretary may carry out responsibilities of the Secretary 
     under such Act through the use of approved service providers 
     that are paid directly by the recipients of their services.

                     Federal Housing Administration

               mutual mortgage insurance program account

       New commitments to guarantee single family loans insured 
     under the Mutual Mortgage Insurance Fund shall not exceed 
     $400,000,000,000, to remain available until September 30, 
     2018:  Provided, That during fiscal year 2017, obligations to 
     make direct loans to carry out the purposes of section 204(g) 
     of the National Housing Act, as amended, shall not exceed 
     $5,000,000:  Provided further, That the foregoing amount in 
     the previous proviso shall be for loans to nonprofit and 
     governmental entities in connection with sales of single 
     family real properties owned by the Secretary and formerly 
     insured under the Mutual Mortgage Insurance Fund:  Provided 
     further, That for administrative contract expenses of the 
     Federal Housing Administration, $130,000,000, to remain 
     available until September 30, 2018.

                general and special risk program account

       New commitments to guarantee loans insured under the 
     General and Special Risk Insurance Funds, as authorized by 
     sections 238 and 519 of the National Housing Act (12 U.S.C. 
     1715z-3 and 1735c), shall not exceed $30,000,000,000 in total 
     loan principal, any part of which is to be guaranteed, to 
     remain available until September 30, 2018:  Provided, That 
     during fiscal year 2017, gross obligations for the principal 
     amount of direct loans, as authorized by sections 204(g), 
     207(l), 238, and 519(a) of the National Housing Act, shall 
     not exceed $5,000,000, which shall be for loans to nonprofit 
     and governmental entities in connection with the sale of 
     single family real properties owned by the Secretary and 
     formerly insured under such Act.

                Government National Mortgage Association

guarantees of mortgage-backed securities loan guarantee program account

       New commitments to issue guarantees to carry out the 
     purposes of section 306 of the National Housing Act, as 
     amended (12 U.S.C. 1721(g)), shall not exceed 
     $500,000,000,000, to remain available until September 30, 
     2018:  Provided, That $23,000,000 shall be available for 
     necessary salaries and expenses of the Office of Government 
     National Mortgage Association:  Provided further, That to the 
     extent that guaranteed loan commitments exceed 
     $155,000,000,000 on or before April 1, 2017, an additional 
     $100 for necessary salaries and expenses shall be available 
     until expended for each $1,000,000 in additional guaranteed 
     loan commitments (including a pro rata amount for any amount 
     below $1,000,000), but in no case shall funds made available 
     by this proviso exceed $3,000,000:  Provided further, That 
     receipts from Commitment and Multiclass fees collected 
     pursuant to title III of the National Housing Act, as 
     amended, shall be credited as offsetting collections to this 
     account.

[[Page S2768]]

  


                    Policy Development and Research

                        research and technology

       For contracts, grants, and necessary expenses of programs 
     of research and studies relating to housing and urban 
     problems, not otherwise provided for, as authorized by title 
     V of the Housing and Urban Development Act of 1970 (12 U.S.C. 
     1701z-1 et seq.), including carrying out the functions of the 
     Secretary of Housing and Urban Development under section 
     1(a)(1)(i) of Reorganization Plan No. 2 of 1968, and for 
     technical assistance, $90,000,000, to remain available until 
     September 30, 2018:  Provided, That with respect to amounts 
     made available under this heading, notwithstanding section 
     204 of this title, the Secretary may enter into cooperative 
     agreements funded with philanthropic entities, other Federal 
     agencies, or State or local governments and their agencies 
     for research projects:  Provided further, That with respect 
     to the previous proviso, such partners to the cooperative 
     agreements must contribute at least a 50 percent match toward 
     the cost of the project:  Provided further, That for non-
     competitive agreements entered into in accordance with the 
     previous two provisos, the Secretary of Housing and Urban 
     Development shall comply with section 2(b) of the Federal 
     Funding Accountability and Transparency Act of 2006 (Public 
     Law 109-282, 31 U.S.C. note) in lieu of compliance with 
     section 102(a)(4)(C) with respect to documentation of award 
     decisions:  Provided further, That prior to obligation of 
     technical assistance funding, the Secretary shall submit a 
     plan, for approval, to the House and Senate Committees on 
     Appropriations on how it will allocate funding for this 
     activity:  Provided further, That none of the funds provided 
     under this heading may be available for the doctoral 
     dissertation research grant program.

                   Fair Housing and Equal Opportunity

                        fair housing activities

       For contracts, grants, and other assistance, not otherwise 
     provided for, as authorized by title VIII of the Civil Rights 
     Act of 1968, as amended by the Fair Housing Amendments Act of 
     1988, and section 561 of the Housing and Community 
     Development Act of 1987, as amended, $65,300,000, to remain 
     available until September 30, 2018:  Provided, That 
     notwithstanding 31 U.S.C. 3302, the Secretary may assess and 
     collect fees to cover the costs of the Fair Housing Training 
     Academy, and may use such funds to provide such training:  
     Provided further, That no funds made available under this 
     heading shall be used to lobby the executive or legislative 
     branches of the Federal Government in connection with a 
     specific contract, grant, or loan:  Provided further, That of 
     the funds made available under this heading, $300,000 shall 
     be available to the Secretary of Housing and Urban 
     Development for the creation and promotion of translated 
     materials and other programs that support the assistance of 
     persons with limited English proficiency in utilizing the 
     services provided by the Department of Housing and Urban 
     Development.

            Office of Lead Hazard Control and Healthy Homes

                         lead hazard reduction

       For the Lead Hazard Reduction Program, as authorized by 
     section 1011 of the Residential Lead-Based Paint Hazard 
     Reduction Act of 1992, $135,000,000, to remain available 
     until September 30, 2018, of which $20,000,000 shall be for 
     the Healthy Homes Initiative, pursuant to sections 501 and 
     502 of the Housing and Urban Development Act of 1970, that 
     shall include research, studies, testing, and demonstration 
     efforts, including education and outreach concerning lead-
     based paint poisoning and other housing-related diseases and 
     hazards:  Provided, That for purposes of environmental 
     review, pursuant to the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) and other provisions of the law 
     that further the purposes of such Act, a grant under the 
     Healthy Homes Initiative, or the Lead Technical Studies 
     program under this heading or under prior appropriations Acts 
     for such purposes under this heading, shall be considered to 
     be funds for a special project for purposes of section 305(c) 
     of the Multifamily Housing Property Disposition Reform Act of 
     1994:  Provided further, That of the total amount made 
     available under this heading, $55,000,000 shall be made 
     available on a competitive basis for areas with the highest 
     lead-based paint abatement needs:  Provided further, That 
     each recipient of funds provided under the previous proviso 
     shall contribute an amount not less than 25 percent of the 
     total:  Provided further, That each applicant shall certify 
     adequate capacity that is acceptable to the Secretary to 
     carry out the proposed use of funds pursuant to a notice of 
     funding availability:  Provided further, That amounts made 
     available under this heading in this or prior appropriations 
     Acts, and that still remain available, may be used for any 
     purpose under this heading notwithstanding the purpose for 
     which such amounts were appropriated if a program competition 
     is undersubscribed and there are other program competitions 
     under this heading that are oversubscribed.

                      Information Technology Fund

       For the development of, modifications to, and 
     infrastructure for Department-wide and program-specific 
     information technology systems, for the continuing operation 
     and maintenance of both Department-wide and program-specific 
     information systems, and for program-related maintenance 
     activities, $273,000,000, of which $250,000,000 shall remain 
     available until September 30, 2018, and of which $23,000,000 
     shall remain available until September 30, 2019:  Provided, 
     That any amounts transferred to this Fund under this Act 
     shall remain available until expended:  Provided further, 
     That any amounts transferred to this Fund from amounts 
     appropriated by previously enacted appropriations Acts may be 
     used for the purposes specified under this Fund, in addition 
     to any other information technology purposes for which such 
     amounts were appropriated:  Provided further, That not more 
     than 10 percent of the funds made available under this 
     heading for development, modernization and enhancement may be 
     obligated until the Secretary submits to the House and Senate 
     Committees on Appropriations, for approval, a plan for 
     expenditure that--(A) identifies for each modernization 
     project: (i) the functional and performance capabilities to 
     be delivered and the mission benefits to be realized, (ii) 
     the estimated life-cycle cost, and (iii) key milestones to be 
     met; and (B) demonstrates that each modernization project is: 
     (i) compliant with the department's enterprise architecture, 
     (ii) being managed in accordance with applicable life-cycle 
     management policies and guidance, (iii) subject to the 
     department's capital planning and investment control 
     requirements, and (iv) supported by an adequately staffed 
     project office.

                      Office of Inspector General

       For necessary salaries and expenses of the Office of 
     Inspector General in carrying out the Inspector General Act 
     of 1978, as amended, $129,000,000:  Provided, That the 
     Inspector General shall have independent authority over all 
     personnel issues within this office.

    General Provisions--Department of Housing and Urban Development

                     (including transfer of funds)

                         (including rescission)

       Sec. 201.  Fifty percent of the amounts of budget 
     authority, or in lieu thereof 50 percent of the cash amounts 
     associated with such budget authority, that are recaptured 
     from projects described in section 1012(a) of the Stewart B. 
     McKinney Homeless Assistance Amendments Act of 1988 (42 
     U.S.C. 1437 note) shall be rescinded or in the case of cash, 
     shall be remitted to the Treasury, and such amounts of budget 
     authority or cash recaptured and not rescinded or remitted to 
     the Treasury shall be used by State housing finance agencies 
     or local governments or local housing agencies with projects 
     approved by the Secretary of Housing and Urban Development 
     for which settlement occurred after January 1, 1992, in 
     accordance with such section. Notwithstanding the previous 
     sentence, the Secretary may award up to 15 percent of the 
     budget authority or cash recaptured and not rescinded or 
     remitted to the Treasury to provide project owners with 
     incentives to refinance their project at a lower interest 
     rate.
       Sec. 202.  None of the amounts made available under this 
     Act may be used during fiscal year 2017 to investigate or 
     prosecute under the Fair Housing Act any otherwise lawful 
     activity engaged in by one or more persons, including the 
     filing or maintaining of a nonfrivolous legal action, that is 
     engaged in solely for the purpose of achieving or preventing 
     action by a Government official or entity, or a court of 
     competent jurisdiction.
       Sec. 203. (a) Notwithstanding any other provision of law, 
     the amount allocated for fiscal year 2017 under section 
     854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 
     12903(c)), to the city of New York, New York, on behalf of 
     the New York-Wayne-White Plains, New York-New Jersey 
     Metropolitan Division (hereafter ``metropolitan division'') 
     of the New York-Newark-Edison, NY-NJ-PA Metropolitan 
     Statistical Area, shall be adjusted by the Secretary of 
     Housing and Urban Development by: (1) allocating to the city 
     of Jersey City, New Jersey, the proportion of the 
     metropolitan area's or division's amount that is based on the 
     number of persons living with HIV or AIDS, poverty and fair 
     market rents, in the portion of the metropolitan area or 
     division that is located in Hudson County, New Jersey; and 
     (2) allocating to the city of Paterson, New Jersey, the 
     proportion of the metropolitan area's or division's amount 
     that is based on the number of persons living with HIV or 
     AIDS, poverty and fair market rents, in the portion of the 
     metropolitan area or division that is located in Bergen 
     County and Passaic County, New Jersey. The recipient cities 
     shall use amounts allocated under this subsection to carry 
     out eligible activities under section 855 of the AIDS Housing 
     Opportunity Act (42 U.S.C. 12904) in their respective 
     portions of the metropolitan division that is located in New 
     Jersey.
       (b) Notwithstanding any other provision of law, the amount 
     allocated for fiscal year 2017 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the 
     city of Wilmington, Delaware, on behalf of the Wilmington, 
     Delaware-Maryland-New Jersey Metropolitan Division (hereafter 
     ``metropolitan division''), shall be adjusted by the 
     Secretary of Housing and Urban Development by allocating to 
     the State of New Jersey the proportion of the metropolitan 
     division's amount that is based on the number of persons 
     living with HIV or AIDS, poverty and fair market rents, in 
     the portion of the metropolitan division that is located in 
     New Jersey. The State of New Jersey shall use

[[Page S2769]]

     amounts allocated to the State under this subsection to carry 
     out eligible activities under section 855 of the AIDS Housing 
     Opportunity Act (42 U.S.C. 12904) in the portion of the 
     metropolitan division that is located in New Jersey.
       (c) Notwithstanding any other provision of law, the 
     Secretary of Housing and Urban Development shall allocate to 
     Wake County, North Carolina, the amounts that otherwise would 
     be allocated for fiscal year 2017 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the city 
     of Raleigh, North Carolina, on behalf of the Raleigh-Cary 
     North Carolina Metropolitan Statistical Area. Any amounts 
     allocated to Wake County shall be used to carry out eligible 
     activities under section 855 of such Act (42 U.S.C. 12904) 
     within such metropolitan statistical area.
       (d) Notwithstanding section 854(c) of the AIDS Housing 
     Opportunity Act (42 U.S.C. 12903(c)), the Secretary of 
     Housing and Urban Development may adjust the allocation of 
     the amounts that otherwise would be allocated for fiscal year 
     2017 under section 854(c) of such Act, upon the written 
     request of an applicant, in conjunction with the State(s), 
     for a formula allocation on behalf of a metropolitan 
     statistical area, to designate the State or States in which 
     the metropolitan statistical area is located as the eligible 
     grantee(s) of the allocation. In the case that a metropolitan 
     statistical area involves more than one State, such amounts 
     allocated to each State shall be based on the proportion of 
     the metropolitan statistical area's amount that is based on 
     the number of persons living with HIV or AIDS, poverty and 
     fair market rents, in the portion of the metropolitan 
     statistical area that is located in that State. Any amounts 
     allocated to a State under this section shall be used to 
     carry out eligible activities within the portion of the 
     metropolitan statistical area located in that State.
       Sec. 204.  Except as explicitly provided in law, any grant, 
     cooperative agreement or other assistance made pursuant to 
     title II of this Act shall be made on a competitive basis and 
     in accordance with section 102 of the Department of Housing 
     and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
       Sec. 205.  Funds of the Department of Housing and Urban 
     Development subject to the Government Corporation Control Act 
     or section 402 of the Housing Act of 1950 shall be available, 
     without regard to the limitations on administrative expenses, 
     for legal services on a contract or fee basis, and for 
     utilizing and making payment for services and facilities of 
     the Federal National Mortgage Association, Government 
     National Mortgage Association, Federal Home Loan Mortgage 
     Corporation, Federal Financing Bank, Federal Reserve banks or 
     any member thereof, Federal Home Loan banks, and any insured 
     bank within the meaning of the Federal Deposit Insurance 
     Corporation Act, as amended (12 U.S.C. 1811-1).
       Sec. 206.  Unless otherwise provided for in this Act or 
     through a reprogramming of funds, no part of any 
     appropriation for the Department of Housing and Urban 
     Development shall be available for any program, project or 
     activity in excess of amounts set forth in the budget 
     estimates submitted to Congress.
       Sec. 207.  Corporations and agencies of the Department of 
     Housing and Urban Development which are subject to the 
     Government Corporation Control Act are hereby authorized to 
     make such expenditures, within the limits of funds and 
     borrowing authority available to each such corporation or 
     agency and in accordance with law, and to make such contracts 
     and commitments without regard to fiscal year limitations as 
     provided by section 104 of such Act as may be necessary in 
     carrying out the programs set forth in the budget for 2017 
     for such corporation or agency except as hereinafter 
     provided:  Provided, That collections of these corporations 
     and agencies may be used for new loan or mortgage purchase 
     commitments only to the extent expressly provided for in this 
     Act (unless such loans are in support of other forms of 
     assistance provided for in this or prior appropriations 
     Acts), except that this proviso shall not apply to the 
     mortgage insurance or guaranty operations of these 
     corporations, or where loans or mortgage purchases are 
     necessary to protect the financial interest of the United 
     States Government.
       Sec. 208.  The Secretary of Housing and Urban Development 
     shall provide quarterly reports to the House and Senate 
     Committees on Appropriations regarding all uncommitted, 
     unobligated, recaptured and excess funds in each program and 
     activity within the jurisdiction of the Department and shall 
     submit additional, updated budget information to these 
     Committees upon request.
       Sec. 209.  The President's formal budget request for fiscal 
     year 2018, as well as the Department of Housing and Urban 
     Development's congressional budget justifications to be 
     submitted to the Committees on Appropriations of the House of 
     Representatives and the Senate, shall use the identical 
     account and sub-account structure provided under this Act.
       Sec. 210.  A public housing agency or such other entity 
     that administers Federal housing assistance for the Housing 
     Authority of the county of Los Angeles, California, and the 
     States of Alaska, Iowa, and Mississippi shall not be required 
     to include a resident of public housing or a recipient of 
     assistance provided under section 8 of the United States 
     Housing Act of 1937 on the board of directors or a similar 
     governing board of such agency or entity as required under 
     section (2)(b) of such Act. Each public housing agency or 
     other entity that administers Federal housing assistance 
     under section 8 for the Housing Authority of the county of 
     Los Angeles, California and the States of Alaska, Iowa and 
     Mississippi that chooses not to include a resident of public 
     housing or a recipient of section 8 assistance on the board 
     of directors or a similar governing board shall establish an 
     advisory board of not less than six residents of public 
     housing or recipients of section 8 assistance to provide 
     advice and comment to the public housing agency or other 
     administering entity on issues related to public housing and 
     section 8. Such advisory board shall meet not less than 
     quarterly.
       Sec. 211.  No funds provided under this title may be used 
     for an audit of the Government National Mortgage Association 
     that makes applicable requirements under the Federal Credit 
     Reform Act of 1990 (2 U.S.C. 661 et seq.).
       Sec. 212. (a) Notwithstanding any other provision of law, 
     subject to the conditions listed under this section, for 
     fiscal years 2017 and 2018, the Secretary of Housing and 
     Urban Development may authorize the transfer of some or all 
     project-based assistance, debt held or insured by the 
     Secretary and statutorily required low-income and very low-
     income use restrictions if any, associated with one or more 
     multifamily housing project or projects to another 
     multifamily housing project or projects.
       (b) Phased Transfers.--Transfers of project-based 
     assistance under this section may be done in phases to 
     accommodate the financing and other requirements related to 
     rehabilitating or constructing the project or projects to 
     which the assistance is transferred, to ensure that such 
     project or projects meet the standards under subsection (c).
       (c) The transfer authorized in subsection (a) is subject to 
     the following conditions:
       (1) Number and bedroom size of units.--
       (A) For occupied units in the transferring project: The 
     number of low-income and very low-income units and the 
     configuration (i.e., bedroom size) provided by the 
     transferring project shall be no less than when transferred 
     to the receiving project or projects and the net dollar 
     amount of Federal assistance provided to the transferring 
     project shall remain the same in the receiving project or 
     projects.
       (B) For unoccupied units in the transferring project: The 
     Secretary may authorize a reduction in the number of dwelling 
     units in the receiving project or projects to allow for a 
     reconfiguration of bedroom sizes to meet current market 
     demands, as determined by the Secretary and provided there is 
     no increase in the project-based assistance budget authority.
       (2) The transferring project shall, as determined by the 
     Secretary, be either physically obsolete or economically 
     nonviable.
       (3) The receiving project or projects shall meet or exceed 
     applicable physical standards established by the Secretary.
       (4) The owner or mortgagor of the transferring project 
     shall notify and consult with the tenants residing in the 
     transferring project and provide a certification of approval 
     by all appropriate local governmental officials.
       (5) The tenants of the transferring project who remain 
     eligible for assistance to be provided by the receiving 
     project or projects shall not be required to vacate their 
     units in the transferring project or projects until new units 
     in the receiving project are available for occupancy.
       (6) The Secretary determines that this transfer is in the 
     best interest of the tenants.
       (7) If either the transferring project or the receiving 
     project or projects meets the condition specified in 
     subsection (d)(2)(A), any lien on the receiving project 
     resulting from additional financing obtained by the owner 
     shall be subordinate to any FHA-insured mortgage lien 
     transferred to, or placed on, such project by the Secretary, 
     except that the Secretary may waive this requirement upon 
     determination that such a waiver is necessary to facilitate 
     the financing of acquisition, construction, and/or 
     rehabilitation of the receiving project or projects.
       (8) If the transferring project meets the requirements of 
     subsection (d)(2), the owner or mortgagor of the receiving 
     project or projects shall execute and record either a 
     continuation of the existing use agreement or a new use 
     agreement for the project where, in either case, any use 
     restrictions in such agreement are of no lesser duration than 
     the existing use restrictions.
       (9) The transfer does not increase the cost (as defined in 
     section 502 of the Congressional Budget Act of 1974, as 
     amended) of any FHA-insured mortgage, except to the extent 
     that appropriations are provided in advance for the amount of 
     any such increased cost.
       (d) For purposes of this section--
       (1) the terms ``low-income'' and ``very low-income'' shall 
     have the meanings provided by the statute and/or regulations 
     governing the program under which the project is insured or 
     assisted;
       (2) the term ``multifamily housing project'' means housing 
     that meets one of the following conditions--
       (A) housing that is subject to a mortgage insured under the 
     National Housing Act;
       (B) housing that has project-based assistance attached to 
     the structure including projects undergoing mark to market 
     debt restructuring under the Multifamily Assisted Housing 
     Reform and Affordability Housing Act;

[[Page S2770]]

       (C) housing that is assisted under section 202 of the 
     Housing Act of 1959, as amended by section 801 of the 
     Cranston-Gonzales National Affordable Housing Act;
       (D) housing that is assisted under section 202 of the 
     Housing Act of 1959, as such section existed before the 
     enactment of the Cranston-Gonzales National Affordable 
     Housing Act;
       (E) housing that is assisted under section 811 of the 
     Cranston-Gonzales National Affordable Housing Act; or
       (F) housing or vacant land that is subject to a use 
     agreement;
       (3) the term ``project-based assistance'' means--
       (A) assistance provided under section 8(b) of the United 
     States Housing Act of 1937;
       (B) assistance for housing constructed or substantially 
     rehabilitated pursuant to assistance provided under section 
     8(b)(2) of such Act (as such section existed immediately 
     before October 1, 1983);
       (C) rent supplement payments under section 101 of the 
     Housing and Urban Development Act of 1965;
       (D) interest reduction payments under section 236 and/or 
     additional assistance payments under section 236(f)(2) of the 
     National Housing Act;
       (E) assistance payments made under section 202(c)(2) of the 
     Housing Act of 1959; and
       (F) assistance payments made under section 811(d)(2) of the 
     Cranston-Gonzalez National Affordable Housing Act;
       (4) the term ``receiving project or projects'' means the 
     multifamily housing project or projects to which some or all 
     of the project-based assistance, debt, and statutorily 
     required low-income and very low-income use restrictions are 
     to be transferred;
       (5) the term ``transferring project'' means the multifamily 
     housing project which is transferring some or all of the 
     project-based assistance, debt, and the statutorily required 
     low-income and very low-income use restrictions to the 
     receiving project or projects; and
       (6) the term ``Secretary'' means the Secretary of Housing 
     and Urban Development.
       (e) Research Report.--The Secretary shall conduct an 
     evaluation of the transfer authority under this section, 
     including the effect of such transfers on the operational 
     efficiency, contract rents, physical and financial 
     conditions, and long-term preservation of the affected 
     properties.
       Sec. 213. (a) No assistance shall be provided under section 
     8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) 
     to any individual who--
       (1) is enrolled as a student at an institution of higher 
     education (as defined under section 102 of the Higher 
     Education Act of 1965 (20 U.S.C. 1002));
       (2) is under 24 years of age;
       (3) is not a veteran;
       (4) is unmarried;
       (5) does not have a dependent child;
       (6) is not a person with disabilities, as such term is 
     defined in section 3(b)(3)(E) of the United States Housing 
     Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving 
     assistance under such section 8 as of November 30, 2005;
       (7) is not a youth who left foster care at age 14 or older 
     and is at risk of becoming homeless; and
       (8) is not otherwise individually eligible, or has parents 
     who, individually or jointly, are not eligible, to receive 
     assistance under section 8 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437f).
       (b) For purposes of determining the eligibility of a person 
     to receive assistance under section 8 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f), any financial 
     assistance (in excess of amounts received for tuition and any 
     other required fees and charges) that an individual receives 
     under the Higher Education Act of 1965 (20 U.S.C. 1001 et 
     seq.), from private sources, or an institution of higher 
     education (as defined under the Higher Education Act of 1965 
     (20 U.S.C. 1002)), shall be considered income to that 
     individual, except for a person over the age of 23 with 
     dependent children.
       Sec. 214.  The funds made available for Native Alaskans 
     under the heading ``Indian Block Grants'' in title II of this 
     Act shall be allocated to the same Native Alaskan housing 
     block grant recipients that received funds in fiscal year 
     2005.
       Sec. 215.  Notwithstanding the limitation in the first 
     sentence of section 255(g) of the National Housing Act (12 
     U.S.C. 1715z-20(g)), the Secretary of Housing and Urban 
     Development may, until September 30, 2017, insure and enter 
     into commitments to insure mortgages under such section 255.
       Sec. 216.  Notwithstanding any other provision of law, in 
     fiscal year 2017, in managing and disposing of any 
     multifamily property that is owned or has a mortgage held by 
     the Secretary of Housing and Urban Development, and during 
     the process of foreclosure on any property with a contract 
     for rental assistance payments under section 8 of the United 
     States Housing Act of 1937 or other Federal programs, the 
     Secretary shall maintain any rental assistance payments under 
     section 8 of the United States Housing Act of 1937 and other 
     programs that are attached to any dwelling units in the 
     property. To the extent the Secretary determines, in 
     consultation with the tenants and the local government, that 
     such a multifamily property owned or held by the Secretary is 
     not feasible for continued rental assistance payments under 
     such section 8 or other programs, based on consideration of 
     (1) the costs of rehabilitating and operating the property 
     and all available Federal, State, and local resources, 
     including rent adjustments under section 524 of the 
     Multifamily Assisted Housing Reform and Affordability Act of 
     1997 (``MAHRAA'') and (2) environmental conditions that 
     cannot be remedied in a cost-effective fashion, the Secretary 
     may, in consultation with the tenants of that property, 
     contract for project-based rental assistance payments with an 
     owner or owners of other existing housing properties, or 
     provide other rental assistance. The Secretary shall also 
     take appropriate steps to ensure that project-based contracts 
     remain in effect prior to foreclosure, subject to the 
     exercise of contractual abatement remedies to assist 
     relocation of tenants for imminent major threats to health 
     and safety after written notice to and informed consent of 
     the affected tenants and use of other available remedies, 
     such as partial abatements or receivership. After disposition 
     of any multifamily property described under this section, the 
     contract and allowable rent levels on such properties shall 
     be subject to the requirements under section 524 of MAHRAA.
       Sec. 217.  The commitment authority funded by fees as 
     provided under the heading ``Community Development Loan 
     Guarantees Program Account'' may be used to guarantee, or 
     make commitments to guarantee, notes, or other obligations 
     issued by any State on behalf of non-entitlement communities 
     in the State in accordance with the requirements of section 
     108 of the Housing and Community Development Act of 1974:  
     Provided, That any State receiving such a guarantee or 
     commitment shall distribute all funds subject to such 
     guarantee to the units of general local government in non-
     entitlement areas that received the commitment.
       Sec. 218.  Public housing agencies that own and operate 400 
     or fewer public housing units may elect to be exempt from any 
     asset management requirement imposed by the Secretary of 
     Housing and Urban Development in connection with the 
     operating fund rule:  Provided, That an agency seeking a 
     discontinuance of a reduction of subsidy under the operating 
     fund formula shall not be exempt from asset management 
     requirements.
       Sec. 219.  With respect to the use of amounts provided in 
     this Act and in future Acts for the operation, capital 
     improvement and management of public housing as authorized by 
     sections 9(d) and 9(e) of the United States Housing Act of 
     1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not 
     impose any requirement or guideline relating to asset 
     management that restricts or limits in any way the use of 
     capital funds for central office costs pursuant to section 
     9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 
     (42 U.S.C. 1437g(g)(1), (2)):  Provided, That a public 
     housing agency may not use capital funds authorized under 
     section 9(d) for activities that are eligible under section 
     9(e) for assistance with amounts from the operating fund in 
     excess of the amounts permitted under section 9(g)(1) or 
     9(g)(2).
       Sec. 220.  No official or employee of the Department of 
     Housing and Urban Development shall be designated as an 
     allotment holder unless the Office of the Chief Financial 
     Officer has determined that such allotment holder has 
     implemented an adequate system of funds control and has 
     received training in funds control procedures and directives. 
     The Chief Financial Officer shall ensure that there is a 
     trained allotment holder for each HUD sub-office under the 
     accounts ``Executive Offices'' and ``Administrative Support 
     Offices,'' as well as each account receiving appropriations 
     for ``Program Office Salaries and Expenses'', ``Government 
     National Mortgage Association--Guarantees of Mortgage-Backed 
     Securities Loan Guarantee Program Account'', and ``Office of 
     Inspector General'' within the Department of Housing and 
     Urban Development.
       Sec. 221.  The Secretary of the Department of Housing and 
     Urban Development shall, for fiscal year 2017 and hereafter, 
     notify the public through the Federal Register and other 
     means, as determined appropriate, of the issuance of a notice 
     of the availability of assistance or notice of funding 
     availability (NOFA) for any program or discretionary fund 
     administered by the Secretary that is to be competitively 
     awarded. Notwithstanding any other provision of law, for 
     fiscal year 2017 and hereafter, the Secretary may make the 
     NOFA available only on the Internet at the appropriate 
     Government web site or through other electronic media, as 
     determined by the Secretary.
       Sec. 222.  Payment of attorney fees in program-related 
     litigation shall be paid from the individual program office 
     and Office of General Counsel salaries and expenses 
     appropriations. The annual budget submission for the program 
     offices and the Office of General Counsel shall include any 
     such projected litigation costs for attorney fees as a 
     separate line item request. No funds provided in this title 
     may be used to pay any such litigation costs for attorney 
     fees until the Department submits for review a spending plan 
     for such costs to the House and Senate Committees on 
     Appropriations.
       Sec. 223.  The Secretary is authorized to transfer up to 10 
     percent or $4,000,000, whichever is less, of funds 
     appropriated for any office under the heading 
     ``Administrative Support Offices'' or for any account under 
     the general heading ``Program Office Salaries and Expenses'' 
     to any other such office or account:  Provided, That no 
     appropriation for any such office or account shall be 
     increased or decreased by more than 10 percent or $4,000,000, 
     whichever is less, without prior written approval of the 
     House and Senate

[[Page S2771]]

     Committees on Appropriations:  Provided further, That the 
     Secretary shall provide notification to such Committees three 
     business days in advance of any such transfers under this 
     section up to 10 percent or $4,000,000, whichever is less.
       Sec. 224.  For fiscal year 2017 and hereafter the Disaster 
     Housing Assistance Programs, administered by the Department 
     of Housing and Urban Development, shall be considered a 
     ``program of the Department of Housing and Urban 
     Development'' under section 904 of the McKinney Act for the 
     purpose of income verifications and matching.
       Sec. 225. (a) The Secretary shall take action under 
     subsection (b) when a multifamily housing project with a 
     section 8 contract or contract for similar project-based 
     assistance:
       (1) receives a Uniform Physical Condition Standards (UPCS) 
     score of 30 or less;
       (2) fails to certify in writing to the Secretary within 3 
     days that all Exigent Health and Safety deficiencies 
     identified by the inspector at the project have been 
     corrected; or
       (3) receives a UPCS score between 31 and 59 and has 
     received consecutive scores of less than 60 on UPCS 
     inspections.
       Such requirements shall apply to insured and noninsured 
     projects with assistance attached to the units under section 
     8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), 
     but do not apply to such units assisted under section 
     8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public housing units 
     assisted with capital or operating funds under section 9 of 
     the United States Housing Act of 1937 (42 U.S.C. 1437g).
       (b) Corrections of Deficiencies.--
       (1) The Secretary shall notify the owner and provide an 
     opportunity for response within 30 days. If the violations 
     remain, the Secretary shall develop a Compliance, Disposition 
     and Enforcement Plan within 60 days and must provide the 
     owner with a Notice of Default with a specified timetable, 
     determined by the Secretary, for correcting all deficiencies. 
     The Secretary must also provide a copy of the Notice of 
     Default to the tenants, the local government, any mortgagees, 
     and any contract administrator. If the owner's appeal results 
     in a UPCS score of 60 or above, the Secretary may withdraw 
     the Notice of Default.
       (2) At the end of the time period for correcting all 
     deficiencies specified in the Notice of Default, if the owner 
     fails to fully correct such deficiencies, the Secretary may--
       (A) require immediate replacement of project management 
     with a management agent approved by the Secretary;
       (B) impose civil money penalties;
       (C) abate the section 8 contract, including partial 
     abatement, as determined by the Secretary, until all 
     deficiencies have been corrected;
       (D) pursue transfer of the project to an owner, approved by 
     the Secretary under established procedures, which will be 
     obligated to promptly make all required repairs and to accept 
     renewal of the assistance contract as long as such renewal is 
     offered;
       (E) transfer the existing section 8 contract to another 
     project or projects and owner or owners;
       (F) pursue exclusionary sanctions, including suspensions or 
     debarments from Federal programs;
       (G) seek judicial appointment of a receiver to manage the 
     property and cure all project deficiencies or seek a judicial 
     order of specific performance requiring the owner to cure all 
     project deficiencies;
       (H) work with the owner, lender, or other related party to 
     stabilize the property in an attempt to preserve the property 
     through compliance, transfer of ownership, or an infusion of 
     capital provided by a third-party that requires time to 
     effectuate; or
       (I) take any other regulatory or contractual remedies 
     available as deemed necessary and appropriate by the 
     Secretary.
       (c) The Secretary shall also take appropriate steps to 
     ensure that project-based contracts remain in effect, subject 
     to the exercise of contractual abatement remedies to assist 
     relocation of tenants for major threats to health and safety 
     after written notice to and informed consent of the affected 
     tenants and use of other remedies set forth above. To the 
     extent the Secretary determines, in consultation with the 
     tenants and the local government, that the property is not 
     feasible for continued rental assistance payments under such 
     section 8 or other programs, based on consideration of (1) 
     the costs of rehabilitating and operating the property and 
     all available Federal, State, and local resources, including 
     rent adjustments under section 524 of the Multifamily 
     Assisted Housing Reform and Affordability Act of 1997 
     (``MAHRAA'') and (2) environmental conditions that cannot be 
     remedied in a cost-effective fashion, the Secretary may, in 
     consultation with the tenants of that property, contract for 
     project-based rental assistance payments with an owner or 
     owners of other existing housing properties, or provide other 
     rental assistance.
       (d) The Secretary shall report quarterly on all properties 
     covered by this section that are assessed through the Real 
     Estate Assessment Center and have UPCS physical inspection 
     scores of less than 60 or have received an unsatisfactory 
     management and occupancy review within the past 36 months. 
     The report shall include:
       (1) The enforcement actions being taken to address such 
     conditions, including imposition of civil money penalties and 
     termination of subsidies, and identify properties that have 
     such conditions multiple times; and
       (2) Actions that the Department of Housing and Urban 
     Development is taking to protect tenants of such identified 
     properties.
       Sec. 226.  None of the funds made available by this Act, or 
     any other Act, for purposes authorized under section 8 (only 
     with respect to the tenant-based rental assistance program) 
     and section 9 of the United States Housing Act of 1937 (42 
     U.S.C. 1437 et seq.), may be used by any public housing 
     agency for any amount of salary, including bonuses, for the 
     chief executive officer of which, or any other official or 
     employee of which, that exceeds the annual rate of basic pay 
     payable for a position at level IV of the Executive Schedule 
     at any time during any public housing agency fiscal year 
     2017.
       Sec. 227.  Section 24 of the United States Housing Act of 
     1937 (42 U.S.C. 1437v) is amended--
       (1) in subsection (m)(1), by striking ``fiscal year'' and 
     all that follows through the period at the end and inserting 
     ``fiscal year 2017.''; and
       (2) in subsection (o), by striking ``September'' and all 
     that follows through the period at the end and inserting 
     ``September 30, 2017.''.
       Sec. 228.  None of the funds in this Act provided to the 
     Department of Housing and Urban Development may be used to 
     make a grant award unless the Secretary notifies the House 
     and Senate Committees on Appropriations not less than 3 full 
     business days before any project, State, locality, housing 
     authority, tribe, nonprofit organization, or other entity 
     selected to receive a grant award is announced by the 
     Department or its offices.
       Sec. 229.  None of the funds made available by this Act may 
     be used to require or enforce the Physical Needs Assessment 
     (PNA).
       Sec. 230.  None of the funds made available by this Act nor 
     any receipts or amounts collected under any Federal Housing 
     Administration program may be used to implement the 
     Homeowners Armed with Knowledge (HAWK) program.
       Sec. 231.  None of the funds made available in this Act 
     shall be used by the Federal Housing Administration, the 
     Government National Mortgage Administration, or the 
     Department of Housing and Urban Development to insure, 
     securitize, or establish a Federal guarantee of any mortgage 
     or mortgage backed security that refinances or otherwise 
     replaces a mortgage that has been subject to eminent domain 
     condemnation or seizure, by a State, municipality, or any 
     other political subdivision of a State.
       Sec. 232.  None of the funds made available by this Act may 
     be used to terminate the status of a unit of general local 
     government as a metropolitan city (as defined in section 102 
     of the Housing and Community Development Act of 1974 (42 
     U.S.C. 5302)) with respect to grants under section 106 of 
     such Act (42 U.S.C. 5306).
       Sec. 233.  Amounts made available under this Act which are 
     either appropriated, allocated, advanced on a reimbursable 
     basis, or transferred to the Office of Policy Development and 
     Research in the Department of Housing and Urban Development 
     and functions thereof, for research, evaluation, or 
     statistical purposes, and which are unexpended at the time of 
     completion of a contract, grant, or cooperative agreement, 
     may be deobligated and shall immediately become available and 
     may be reobligated in that fiscal year or the subsequent 
     fiscal year for the research, evaluation, or statistical 
     purposes for which the amounts are made available to that 
     Office subject to reprogramming requirements in section 405 
     of this Act.
       Sec. 234.  None of the funds under this title may be used 
     for awards, including performance, special act, or spot, for 
     any employee of the Department of Housing and Urban 
     Development who is subject to administrative discipline in 
     fiscal year 2017, including suspension from work.
       Sec. 235.  Funds made available in this title under the 
     heading ``Homeless Assistance Grants'' may be used by the 
     Secretary to participate in Performance Partnership Pilots 
     authorized under section 526 of division H of Public Law 113-
     76, section 524 of division G of Public Law 113-235, section 
     525 of division H of Public Law 114-113, and such authorities 
     as are enacted for Performance Partnership Pilots in an 
     appropriations Act for fiscal year 2017:  Provided, That such 
     participation shall be limited to no more than 10 continuums 
     of care and housing activities to improve outcomes for 
     disconnected youth.
       Sec. 236.  With respect to grant amounts awarded under the 
     heading ``Homeless Assistance Grants'' for fiscal years 2015, 
     2016, and 2017 for the continuum of care (CoC) program as 
     authorized under subtitle C of title IV of the McKinney-Vento 
     Homeless Assistance Act, costs paid by program income of 
     grant recipients may count toward meeting the recipient's 
     matching requirements, provided the costs are eligible CoC 
     costs that supplement the recipients CoC program.
       Sec. 237.  Unobligated balances, including recaptures and 
     carryover, remaining from funds appropriated to the 
     Department of Housing and Urban Development for 
     administrative costs of the Office of Community Planning and 
     Development associated with funds appropriated to the 
     Department for specific disaster relief and related purposes 
     and designated by Congress as an emergency requirement 
     pursuant to a Concurrent Resolution on the Budget or the 
     Balanced Budget and Emergency Deficit Control Act, including 
     information technology costs and costs

[[Page S2772]]

     for administering and overseeing such specific disaster 
     related funds, shall be transferred to the Program Office 
     Salaries and Expenses, Community Planning and Development 
     account for the Department, shall remain available until 
     expended, and may be used for such administrative costs for 
     administering any funds appropriated to the Department for 
     any disaster relief and related purposes in any prior or 
     future act, notwithstanding the purposes for which such funds 
     were appropriated:  Provided, That the amounts transferred 
     pursuant to this section that were previously designated by 
     Congress as an emergency requirement pursuant to a Concurrent 
     Resolution on the Budget or the Balanced Budget and Emergency 
     Deficit Control Act are designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     and shall be transferred only if the President subsequently 
     so designates the entire transfer and transmits such 
     designation to the Congress.
       Sec. 238. (a) Section 302 of the Lead-Based Paint Poisoning 
     Prevention Act (42 U.S.C. 4822) is amended in subsection 
     (e)--
       (1) in paragraph (1)--
       (i) by striking ``handicapped'' and inserting ``persons 
     with disabilities, or any 0-bedroom dwelling'';
       (ii) by inserting ``or'' after ``expected to reside;''; and
       (iii) by striking ``less than 7 years of age'' and 
     inserting ``under age 6'';
       (2) in paragraph (2) by striking ``; or'' and inserting 
     ``.''; and
       (3) by striking paragraph (3).
       (b) Section 1004 of the Residential Lead-Based Paint Hazard 
     Reduction Act of 1992 (42 U.S.C. 4851b) is amended in 
     paragraph (27)--
       (1) by inserting ``or any 0-bedroom dwelling'' after 
     ``disabilities,''; and
       (2) by deleting ``housing for the elderly or persons with 
     disabilities) or any 0 bedroom dwelling'' and inserting 
     ``housing)''.
       (c) Section 401 of the Toxic Substances Control Act (15 
     U.S.C. 2681) is amended in paragraph (17)--
       (1) by inserting ``or any 0-bedroom dwelling'' after 
     ``disabilities,''; and
       (2) by deleting ``housing for the elderly or persons with 
     disabilities) or any 0 bedroom dwelling'' and inserting 
     ``housing)''.
       Sec. 239. (a) Capital Fund Replacement Reserves.--Section 9 
     of the United States Housing Act of 1937 (42 U.S.C. 1437g) is 
     amended--
       (1) in subsection (j), by adding at the end the following 
     new paragraph:
       ``(7) Treatment of replacement reserve.--The requirements 
     of this subsection shall not apply to funds held in 
     replacement reserves established pursuant to subsection 
     (n).''; and
       (2) by adding at the end the following new subsection:
       ``(n) Establishment of Replacement Reserves.--
       ``(1) In general.--Public housing agencies shall be 
     permitted to establish a replacement reserve to fund any of 
     the capital activities listed in subsection (d)(1).
       ``(2) Source and amount of funds for replacement reserve.--
     At any time, a public housing agency may deposit funds from 
     such agency's Capital Fund into a replacement reserve, 
     subject to the following:
       ``(A) At the discretion of the Secretary, public housing 
     agencies may transfer and hold in a replacement reserve funds 
     originating from additional sources.
       ``(B) No minimum transfer of funds to a replacement reserve 
     shall be required.
       ``(C) At any time, a public housing agency may not hold in 
     a replacement reserve more than the amount the public housing 
     authority has determined necessary to satisfy the anticipated 
     capital needs of properties in its portfolio assisted under 
     this section, as outlined in its Capital Fund 5-Year Action 
     Plan, or a comparable plan, as determined by the Secretary.
       ``(D) The Secretary may establish, by regulation, a maximum 
     replacement reserve level or levels that are below amounts 
     determined under subparagraph (C), which may be based upon 
     the size of the portfolio assisted under this section or 
     other factors.
       ``(3) Transfer of operating funds.--In first establishing a 
     replacement reserve, the Secretary may allow public housing 
     agencies to transfer more than 20 percent of its operating 
     funds into its replacement reserve.
       ``(4) Expenditure.--Funds in a replacement reserve may be 
     used for purposes authorized by subsection (d)(1) and 
     contained in its Capital Fund 5-Year Action Plan.
       ``(5) Management and report.--The Secretary shall establish 
     appropriate accounting and reporting requirements to ensure 
     that public housing agencies are spending funds on eligible 
     projects and that funds in the replacement reserve are 
     connected to capital needs.''.
       (b) Flexibility of Operating Fund Amounts.--Paragraph (1) 
     of section 9(g) of the United States Housing Act of 1937 (42 
     U.S.C. 1437g(g)(1)) is amended--
       (1) by striking ``(1)'' and all that follows through ``--
     Of'' and inserting the following:
       ``(1) Flexibility in use of funds.--
       ``(A) Flexibility for capital fund amounts.--Of''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) Flexibility for operating fund amounts.--Of any 
     amounts appropriated for fiscal year 2017 or any fiscal year 
     thereafter that are allocated for fiscal year 2017 or any 
     fiscal year thereafter from the Operating Fund for any public 
     housing agency, the agency may use not more than 20 percent 
     for activities that are eligible under subsection (d) for 
     assistance with amounts from the Capital Fund, but only if 
     the public housing plan under section 5A for the agency 
     provides for such use.''.
       Sec. 240.  Section 8(x)(2) of the United States Housing Act 
     of 1937 (42 U.S.C. 1437f(x)) is amended by striking ``(B)'' 
     and all that follows up to the period and inserting the 
     following:
       ``(B)(i) for a period not to exceed 36 months, otherwise 
     eligible youths who have attained at least 18 years of age 
     and not more than 24 years of age and who, at age 16 or 
     older, have left or will leave foster care within 90 days, in 
     accordance with a transition plan described in section 
     475(5)(H) of the Social Security Act, and is homeless or is 
     at risk of becoming homeless, or (ii) except that an 
     applicant may extend the 36-month period, if the applicant 
     enrolls an eligible youth in a program authorized under 
     section 23, in accordance with the length of the contract of 
     participation for that eligible youth under section 
     23(c)(3)''.
       Sec. 241. (a) Establishment.--The Secretary of Housing and 
     Urban Development may establish, through notice in the 
     Federal Register, a demonstration program to incentivize 
     public housing agencies, as defined in section 3(b)(6) of the 
     United States Housing Act of 1937 (in this section referred 
     to as ``the Act''), to implement measures to reduce their 
     energy and water consumption.
       (b) Eligibility.--Public housing agencies that operate 
     public housing programs that meet the demonstration 
     requirements, as determined by the Secretary, shall be 
     eligible for participation in the demonstration.
       (c) Incentive.--The Secretary may provide an incentive to 
     an eligible public housing agency that uses capital funds, 
     operating funds, grants, utility rebates, and other resources 
     to reduce its energy and/or water consumption in accordance 
     with a plan approved by the Secretary.
       (1) Base utility consumption level.--The initial base 
     utility consumption level under the approved plan shall be 
     set at the public housing agency's rolling base consumption 
     level immediately prior to the installation of energy 
     conservation measures.
       (2) First year utility cost savings.--For the first year 
     that an approved plan is in effect, the Secretary shall 
     allocate the utility consumption level in the public housing 
     operating fund using the base utility consumption level.
       (3) Subsequent year savings.--For each subsequent year that 
     the plan is in effect, the Secretary shall decrease the 
     utility consumption level by one percent of the initial base 
     utility consumption level per year until the utility 
     consumption level equals the public housing agency's actual 
     consumption level that followed the installation of energy 
     conservation measures, at which time the plan will terminate.
       (4) Use of utility cost savings.--The public housing agency 
     may use the funds resulting from the energy conservation 
     measures, in accordance with paragraphs (2) and (3), for 
     either operating expenses, as defined by section 9(e)(1) of 
     the Act, or capital improvements, as defined by section 
     9(d)(1) of the Act.
       (5) Duration of plan.--The length in years of the utility 
     conservation plan shall not exceed the number of percentage 
     points in utility consumption reduction a public housing 
     agency achieves through the energy conservation measures 
     implemented under this demonstration, but in no case shall it 
     exceed 20 years.
       (6) Other requirements.--The Secretary may establish such 
     other requirements as necessary to further the purposes of 
     this demonstration.
       (7) Evaluation.--Each public housing agency participating 
     in the demonstration shall submit to the Secretary such 
     performance and evaluation reports concerning the reduction 
     in energy consumption and compliance with the requirements of 
     this section as the Secretary may require.
       (d) Termination.--Public housing agencies may enter into 
     this demonstration for 5 years after the date on which the 
     demonstration program is commenced.
       Sec. 242.  Section 211 of the Department of Housing and 
     Urban Development Appropriations Act, 2008, is repealed.
       Sec. 243. (a) Authority.--To encourage families to move to 
     lower-poverty areas and expand access to opportunity areas, 
     the Secretary of Housing and Urban Development (hereafter 
     referred to as ``Secretary'') may implement a mobility 
     demonstration to administer Housing Choice Voucher assistance 
     under section 8(o) of the United States Housing Act of 1937 
     (hereafter referred to as ``1937 Act'') (42 U.S.C. 1437f(o)) 
     for fiscal year 2017 through fiscal year 2021.
       (b) Demonstration Requirements.--
       (1) In general.--The Secretary must establish the 
     competitive selection criteria and requirements for 
     participation in the demonstration. The Secretary may require 
     participating PHAs to use a randomized selection process 
     among the families eligible to receive mobility assistance 
     under this demonstration.
       (2) Regional housing mobility plan.--Applicant PHAs must 
     submit a Regional Housing Mobility Plan (hereafter referred 
     to as ``the Plan'').
       (A) The Plan must meet all requirements established by the 
     Secretary and must identify--

[[Page S2773]]

       (i) the PHAs that will participate in the regional housing 
     mobility program and the number of vouchers each 
     participating PHA will make available out of its existing 
     programs in support of the mobility demonstration;
       (ii) any community-based organizations, nonprofit 
     organizations, businesses, and other entities that commit to 
     participate;
       (iii) any waivers or alternative requirements requested for 
     the execution of the Plan; and
       (iv) specific actions that the PHAs and other entities will 
     undertake to accomplish the goals of the demonstration, which 
     must include a comprehensive approach to enable a successful 
     transition to opportunity areas and may include counseling 
     and continued support for families.
       (B) The Plan may also establish preferences for 
     participating families, including a preference for families 
     with children, based on regional housing needs and 
     priorities.
       (C) The Plan may provide for the use of exception payment 
     standards that do not exceed 110 percent of the HUD-published 
     small area Fair Market Rent for the covered exception payment 
     standard area.
       (D) Units contributed by a PHA participating in a regional 
     housing mobility program to a pool of vouchers that will be 
     project-based within the jurisdiction of that program are 
     exempt from the percentage limitation in section 8(o)(13)(B) 
     of the 1937 Act.
       (c) Funding for Mobility-Related Services.--In order to 
     provide mobility-related services, PHAs participating in this 
     demonstration may use administrative fees under section 8(q) 
     of the 1937 Act (42 U.S.C. 1437f(q)), their administrative 
     fee reserves, and funding from private entities. Mobility-
     related services may include but are not limited to such 
     things as counseling, portability coordination, landlord 
     outreach, and administrative activities associated with 
     establishing and operating a regional housing mobility 
     program.
       (d) Waivers or Alternative Requirements.--
       (1) In order to allow for PHAs to implement and administer 
     their Plans, the Secretary may waive or specify alternative 
     requirements for the following provisions of the 1937 Act:
       (A) Sections 8(o)(7)(A) and 8(o)(13)(E)(i) (related to the 
     term of a family's assisted lease and associated mobility 
     requirements).
       (B) Section 8(o)(13)(C)(i) (related to the ability of a PHA 
     participating in a regional housing mobility program to 
     administer assistance contributed to the program consistent 
     with the Plan identified in paragraph (2)).
       (C) Section 8(o)(13)(F) (related to the term of a housing 
     assistance payments (HAP) contract).
       (D) Section 8(r)(2) (related to the ability of a PHA 
     participating in a regional housing mobility program to 
     administer assistance under section 8(o) anywhere within the 
     jurisdiction of that program).
       (E) Section 8(x)(2) (related to the length of time a PHA 
     may provide assistance under section 8(o) to youth 
     participating in the Family Unification Program (FUP)).
       (2) The Secretary must publish by notice in the Federal 
     Register any waivers or alternative requirements for 
     statutory provisions no later than 10 days before the 
     effective date of such notice.
       (e) Implementation by Notice.--The Secretary may implement 
     the demonstration, including its terms, procedures, 
     requirements, and conditions, by notice.
       (f) Evaluation.--No later than five years following 
     implementation of the regional housing mobility programs, the 
     Secretary must publish an evaluation of the effectiveness of 
     the demonstration, subject to the availability of funding to 
     conduct the evaluation.
       Sec. 244.  The language under the heading Rental Assistance 
     Demonstration in the Department of Housing and Urban 
     Development Appropriations Act, 2012 (Public Law 112-55), is 
     amended--
       (1) in the undesignated paragraph before the first proviso, 
     by inserting the following before the colon: ``(`First 
     Component' herein)'';
       (2) in the second proviso, by striking ``until September 
     30, 2018'' and inserting ``for fiscal year 2012 and 
     thereafter'';
       (3) in the fourth proviso, by striking ``185,000'' and 
     inserting ``250,000'';
       (4) in the fourteenth, by--
       (A) inserting ``or nonprofit'' before ``entity, then a 
     capable entity,''; and
       (B) striking ``preserves its interest'' and inserting ``or 
     a nonprofit entity preserves an interest'';
       (5) by amending the eighteenth proviso to read as follows--
     ``Provided further, That for fiscal year 2012 and hereafter, 
     owners of properties assisted or previously assisted under 
     section 101 of the Housing and Urban Development Act of 1965, 
     section 236(f)(2) of the National Housing Act, or section 
     8(e)(2) of the United States Housing Act of 1937, for which a 
     contract expires or terminates due to prepayment on or after 
     October 1, 2006 has caused or results in the termination of 
     rental assistance or affordability restrictions or both and 
     the issuance of tenant protection vouchers under section 8(o) 
     or section 8(t) of the Act, or with a project rental 
     assistance contract under section 202(c)(2) of Housing Act of 
     1959, shall be eligible, subject to requirements established 
     by the Secretary, including but not limited to tenant 
     consultation procedures, for conversion of assistance 
     available or provided for such vouchers or assistance 
     contracts, to assistance under a long-term project-based 
     subsidy contract under section 8 of the Act, which shall have 
     a term of no less than 20 years, which shall have initial 
     rents set at comparable market rents for the market area, 
     with subsequent rent adjustments only by an operating cost 
     factor established by the Secretary, and which shall be 
     eligible for renewal under section 524 of the Multifamily 
     Assisted Housing Reform and Affordability Act of 1997 (42 
     U.S.C. 1437f note), or, subject to agreement of the 
     administering public housing agency, to assistance under 
     section 8(o)(13) of the Act, to which the limitation under 
     subparagraph (B) of section 8(o)(13) of the Act shall not 
     apply and for which the Secretary may waive or alter the 
     provisions of subparagraphs (C) and (D) of section 8(o)(13) 
     of the Act (``Second Component'' herein):'';
       (6) by inserting the following proviso before the 
     nineteenth: ``Provided further, That conversions of 
     assistance under the Second Component may not be the basis 
     for re-screening or termination of assistance or eviction of 
     any tenant family in a property participating in the 
     demonstration:'';
       (7) in the twentieth, as amended (reordered) above, by 
     striking ``previous proviso'' and all that follows through 
     the end of the proviso and inserting ``Second Component, 
     except for conversion of Section 202 project rental 
     assistance contracts, shall be available for project-based 
     subsidy contracts entered into pursuant to the Second 
     Component:'';
       (8) in the twenty-first proviso, as amended (reordered) 
     above, by striking ``previous two provisos'' and inserting 
     ``Second Component, except for conversion of section 202 
     project rental assistance contracts,'';
       (9) in the twenty-second proviso, as amended (reordered) 
     above, by striking ``three previous provisos'' and inserting 
     ``Second Component, except for conversion of section 202 
     project rental assistance contracts,'';
       (10) by inserting the following proviso before the twenty-
     third proviso, as amended (reordered) above: ``Provided 
     further, That the Secretary may transfer amounts made 
     available under the heading `Housing for the Elderly' to the 
     accounts under the headings `Project-Based Rental Assistance' 
     or `Tenant-Based Rental Assistance' to facilitate any Section 
     202 project rental assistance contract conversions under the 
     Second Component, and any increase in cost for `Project-Based 
     Rental Assistance' or `Tenant-Based Rental Assistance' 
     associated with such conversion shall be equal to amounts so 
     transferred:''; and
       (11) in the twenty-fourth proviso, as amended (reordered) 
     above, by striking ``previous four provisos'' and inserting 
     ``Second Component, as applicable,''.
       Sec. 245.  The Secretary shall establish by notice such 
     requirements as may be necessary to implement section 78001 
     of title LXXVIII of the Fixing America's Surface 
     Transportation Act (Public Law 114-94), and the notice shall 
     take effect upon issuance:  Provided, That the Secretary 
     shall commence rulemaking based on the initial notice no 
     later than the expiration of the 6-month period following 
     issuance of the notice and the rulemaking shall allow for the 
     opportunity for public comment.
       Sec. 246.  For fiscal year 2017 and hereafter, the 
     Secretary of Housing and Urban Development may use amounts 
     made available for the continuum of care program under the 
     ``Homeless Assistance Grants'' heading under this title to 
     renew the grant originally awarded under the heading 
     ``Department of Housing and Urban Development--Permanent 
     Supportive Housing'' in chapter 6 of title III of the 
     Supplemental Appropriations Act, 2008 (Public Law 110-252; 
     122 Stat. 2351) in the continuum of care program, authorized 
     under subtitle C of title IV of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11301 et seq.). Notwithstanding any 
     provision of law, for purposes of grant application and 
     renewal, the State of Louisiana may continue to permit a 
     program participant to receive or retain tenant-based rental 
     assistance outside the continuum of care's geographic area, 
     and the funding of such assistance shall not be considered 
     operation of a continuum of care in more than one geographic 
     area.
       Sec. 247.  Section 428 of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11386b) is amended by adding at the 
     end of the section, subsection (f) to read as follows:
       ``(f) Transition for Reallocated Grant.--
       ``(1) From amounts under this subtitle made available to 
     carry out subtitle B and this subtitle, the Secretary may 
     award one-year transition grants to recipients to transition 
     from one Continuum of Care program component to another.
       ``(2) In order to be eligible to receive a transition 
     grant, the project must have the consent of the Continuum of 
     Care, and meet standards determined by the Secretary.''.
       This title may be cited as the ``Department of Housing and 
     Urban Development Appropriations Act, 2017''.

                               TITLE III

                            RELATED AGENCIES

                              Access Board

                         salaries and expenses

       For expenses necessary for the Access Board, as authorized 
     by section 502 of the Rehabilitation Act of 1973, as amended,

[[Page S2774]]

     $8,190,000:  Provided, That, notwithstanding any other 
     provision of law, there may be credited to this appropriation 
     funds received for publications and training expenses.

                      Federal Maritime Commission

                         salaries and expenses

       For necessary expenses of the Federal Maritime Commission, 
     as authorized by section 201(d) of the Merchant Marine Act, 
     1936, as amended (46 U.S.C. 307), including services as 
     authorized by 5 U.S.C. 3109; hire of passenger motor vehicles 
     as authorized by 31 U.S.C. 1343(b); and uniforms or 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902, 
     $27,490,000:  Provided, That not to exceed $2,000 shall be 
     available for official reception and representation expenses.

                National Railroad Passenger Corporation

                      Office of Inspector General

                         salaries and expenses

       For necessary expenses of the Office of Inspector General 
     for the National Railroad Passenger Corporation to carry out 
     the provisions of the Inspector General Act of 1978, as 
     amended, $23,274,000:  Provided, That the Inspector General 
     shall have all necessary authority, in carrying out the 
     duties specified in the Inspector General Act, as amended (5 
     U.S.C. App. 3), to investigate allegations of fraud, 
     including false statements to the government (18 U.S.C. 
     1001), by any person or entity that is subject to regulation 
     by the National Railroad Passenger Corporation:  Provided 
     further, That the Inspector General may enter into contracts 
     and other arrangements for audits, studies, analyses, and 
     other services with public agencies and with private persons, 
     subject to the applicable laws and regulations that govern 
     the obtaining of such services within the National Railroad 
     Passenger Corporation:  Provided further, That the Inspector 
     General may select, appoint, and employ such officers and 
     employees as may be necessary for carrying out the functions, 
     powers, and duties of the Office of Inspector General, 
     subject to the applicable laws and regulations that govern 
     such selections, appointments, and employment within the 
     Corporation:  Provided further, That concurrent with the 
     President's budget request for fiscal year 2018, the 
     Inspector General shall submit to the House and Senate 
     Committees on Appropriations a budget request for fiscal year 
     2018 in similar format and substance to those submitted by 
     executive agencies of the Federal Government.

                  National Transportation Safety Board

                         salaries and expenses

       For necessary expenses of the National Transportation 
     Safety Board, including hire of passenger motor vehicles and 
     aircraft; services as authorized by 5 U.S.C. 3109, but at 
     rates for individuals not to exceed the per diem rate 
     equivalent to the rate for a GS-15; uniforms, or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902), 
     $106,000,000, of which not to exceed $2,000 may be used for 
     official reception and representation expenses. The amounts 
     made available to the National Transportation Safety Board in 
     this Act include amounts necessary to make lease payments on 
     an obligation incurred in fiscal year 2001 for a capital 
     lease.

                 Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

       For payment to the Neighborhood Reinvestment Corporation 
     for use in neighborhood reinvestment activities, as 
     authorized by the Neighborhood Reinvestment Corporation Act 
     (42 U.S.C. 8101-8107), $135,000,000, of which $5,000,000 
     shall be for a multi-family rental housing program.

           United States Interagency Council on Homelessness

                           operating expenses

       For necessary expenses (including payment of salaries, 
     authorized travel, hire of passenger motor vehicles, the 
     rental of conference rooms, and the employment of experts and 
     consultants under section 3109 of title 5, United States 
     Code) of the United States Interagency Council on 
     Homelessness in carrying out the functions pursuant to title 
     II of the McKinney-Vento Homeless Assistance Act, as amended, 
     $3,600,000:  Provided, That title II of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11319) is amended by 
     striking ``October 1, 2017'' in section 209 and inserting 
     ``October 1, 2018'' and in section 204(a) by striking ``level 
     V'' and inserting ``level IV''.

                      Surface Transportation Board

                         salaries and expenses

       For necessary expenses of the Surface Transportation Board, 
     including services authorized by 5 U.S.C. 3109, $37,000,000:  
     Provided, That notwithstanding any other provision of law, 
     not to exceed $1,250,000 from fees established by the 
     Chairman of the Surface Transportation Board shall be 
     credited to this appropriation as offsetting collections and 
     used for necessary and authorized expenses under this 
     heading:  Provided further, That the sum herein appropriated 
     from the general fund shall be reduced by a dollar-for-dollar 
     basis as such offsetting collections are received during 
     fiscal year 2017, to result in a final appropriation from the 
     general fund estimated at no more than $35,750,000.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

       Sec. 401.  None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 402.  None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 403.  The expenditure of any appropriation under this 
     Act for any consulting service through a procurement contract 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 404. (a) None of the funds made available in the Act 
     may be obligated or expended for any employee training that--
       (1) does not meet identified needs for knowledge, skills, 
     and abilities bearing directly upon the performance of 
     official duties;
       (2) contains elements likely to induce high levels of 
     emotional response or psychological stress in some 
     participants;
       (3) does not require prior employee notification of the 
     content and methods to be used in the training and written 
     end of course evaluation;
       (4) contains any methods or content associated with 
     religious or quasi-religious belief systems or ``new age'' 
     belief systems as defined in Equal Employment Opportunity 
     Commission Notice 915.022, dated September 2, 1988; or
       (5) is offensive to, or designed to change, participants' 
     personal values or lifestyle outside the workplace.
       (b) Nothing in this section shall prohibit, restrict, or 
     otherwise preclude an agency from conducting training bearing 
     directly upon the performance of official duties.
       Sec. 405.  Except as otherwise provided in this Act, none 
     of the funds provided in this Act, provided by previous 
     appropriations Acts to the agencies or entities funded in 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2017, or provided from any accounts in the 
     Treasury derived by the collection of fees and available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that--
       (1) creates a new program;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel for any program, project, 
     or activity for which funds have been denied or restricted by 
     the Congress;
       (4) proposes to use funds directed for a specific activity 
     by either the House or Senate Committees on Appropriations 
     for a different purpose;
       (5) augments existing programs, projects, or activities in 
     excess of $5,000,000 or 10 percent, whichever is less;
       (6) reduces existing programs, projects, or activities by 
     $5,000,000 or 10 percent, whichever is less; or
       (7) creates, reorganizes, or restructures a branch, 
     division, office, bureau, board, commission, agency, 
     administration, or department different from the budget 
     justifications submitted to the Committees on Appropriations 
     or the table accompanying the explanatory statement 
     accompanying this Act, whichever is more detailed, unless 
     prior approval is received from the House and Senate 
     Committees on Appropriations:  Provided, That not later than 
     60 days after the date of enactment of this Act, each agency 
     funded by this Act shall submit a report to the Committees on 
     Appropriations of the Senate and of the House of 
     Representatives to establish the baseline for application of 
     reprogramming and transfer authorities for the current fiscal 
     year:  Provided further, That the report shall include--
       (A) a table for each appropriation with a separate column 
     to display the prior year enacted level, the President's 
     budget request, adjustments made by Congress, adjustments due 
     to enacted rescissions, if appropriate, and the fiscal year 
     enacted level;
       (B) a delineation in the table for each appropriation and 
     its respective prior year enacted level by object class and 
     program, project, and activity as detailed in the budget 
     appendix for the respective appropriation; and
       (C) an identification of items of special congressional 
     interest.
       Sec. 406.  Except as otherwise specifically provided by 
     law, not to exceed 50 percent of unobligated balances 
     remaining available at the end of fiscal year 2017 from 
     appropriations made available for salaries and expenses for 
     fiscal year 2017 in this Act, shall remain available through 
     September 30, 2018, for each such account for the purposes 
     authorized:  Provided, That a request shall be submitted to 
     the House and Senate Committees on Appropriations for 
     approval prior to the expenditure of such funds:  Provided 
     further, That these requests shall be made in compliance with 
     reprogramming guidelines under section 405 of this Act.
       Sec. 407.  No funds in this Act may be used to support any 
     Federal, State, or local projects that seek to use the power 
     of eminent domain, unless eminent domain is employed only for 
     a public use:  Provided, That for purposes of this section, 
     public use shall not be construed to include economic 
     development that primarily benefits private entities:  
     Provided further, That any use of funds for mass transit, 
     railroad, airport, seaport or highway projects, as well as 
     utility projects

[[Page S2775]]

     which benefit or serve the general public (including energy-
     related, communication-related, water-related and wastewater-
     related infrastructure), other structures designated for use 
     by the general public or which have other common-carrier or 
     public-utility functions that serve the general public and 
     are subject to regulation and oversight by the government, 
     and projects for the removal of an immediate threat to public 
     health and safety or brownfields as defined in the Small 
     Business Liability Relief and Brownfields Revitalization Act 
     (Public Law 107-118) shall be considered a public use for 
     purposes of eminent domain.
       Sec. 408.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 409.  No part of any appropriation contained in this 
     Act shall be available to pay the salary for any person 
     filling a position, other than a temporary position, formerly 
     held by an employee who has left to enter the Armed Forces of 
     the United States and has satisfactorily completed his or her 
     period of active military or naval service, and has within 90 
     days after his or her release from such service or from 
     hospitalization continuing after discharge for a period of 
     not more than 1 year, made application for restoration to his 
     or her former position and has been certified by the Office 
     of Personnel Management as still qualified to perform the 
     duties of his or her former position and has not been 
     restored thereto.
       Sec. 410.  No funds appropriated pursuant to this Act may 
     be expended by an entity unless the entity agrees that in 
     expending the assistance the entity will comply with sections 
     2 through 4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305, 
     popularly known as the ``Buy American Act'').
       Sec. 411.  No funds appropriated or otherwise made 
     available under this Act shall be made available to any 
     person or entity that has been convicted of violating the Buy 
     American Act (41 U.S.C. 8301-8305).
       Sec. 412.  None of the funds made available in this Act may 
     be used for first-class airline accommodations in 
     contravention of sections 301-10.122 and 301-10.123 of title 
     41, Code of Federal Regulations.
       Sec. 413. (a) None of the funds made available by this Act 
     may be used to approve a new foreign air carrier permit under 
     sections 41301 through 41305 of title 49, United States Code, 
     or exemption application under section 40109 of that title of 
     an air carrier already holding an air operators certificate 
     issued by a country that is party to the U.S.-E.U.-Iceland-
     Norway Air Transport Agreement where such approval would 
     contravene United States law or Article 17 bis of the U.S.-
     E.U.-Iceland-Norway Air Transport Agreement.
       (b) Nothing in this section shall prohibit, restrict or 
     otherwise preclude the Secretary of Transportation from 
     granting a foreign air carrier permit or an exemption to such 
     an air carrier where such authorization is consistent with 
     the U.S.-E.U.-Iceland-Norway Air Transport Agreement and 
     United States law.
       Sec. 414.  None of the funds made available in this Act may 
     be used to send or otherwise pay for the attendance of more 
     than 50 employees of a single agency or department of the 
     United States Government, who are stationed in the United 
     States, at any single international conference unless the 
     relevant Secretary reports to the House and Senate Committees 
     on Appropriations at least 5 days in advance that such 
     attendance is important to the national interest:  Provided, 
     That for purposes of this section the term ``international 
     conference'' shall mean a conference occurring outside of the 
     United States attended by representatives of the United 
     States Government and of foreign governments, international 
     organizations, or nongovernmental organizations.
       Sec. 415.  None of the funds appropriated or otherwise made 
     available under this Act may be used by the Surface 
     Transportation Board to charge or collect any filing fee for 
     rate or practice complaints filed with the Board in an amount 
     in excess of the amount authorized for district court civil 
     suit filing fees under section 1914 of title 28, United 
     States Code.
       Sec. 416.  None of the funds made available by this Act may 
     be used by the Department of Transportation, the Department 
     of Housing and Urban Development, or any other Federal agency 
     under this Act to lease or purchase new light duty vehicles 
     for any executive fleet, or for an agency's fleet inventory, 
     except in accordance with Presidential Memorandum--Federal 
     Fleet Performance, dated May 24, 2011.
       This Act may be cited as the ``Transportation, Housing and 
     Urban Development, and Related Agencies Appropriations Act, 
     2017''.

DIVISION B--MILITARY CONSTRUCTION, THE DEPARTMENT OF VETERANS AFFAIRS, 
                          AND RELATED AGENCIES

        The following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for military 
     construction, the Department of Veterans Affairs, and related 
     agencies for the fiscal year ending September 30, 2017, and 
     for other purposes, namely:

                                TITLE I

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

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

              Military Construction, Navy and Marine Corps

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

                    Military Construction, Air Force

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

                  Military Construction, Defense-Wide

                     (including transfer of funds)

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

               Military Construction, Army National Guard

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

               Military Construction, Air National Guard

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

                  Military Construction, Army Reserve

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

                  Military Construction, Navy Reserve

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

                Military Construction, Air Force Reserve

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

                   North Atlantic Treaty Organization

                      Security Investment Program

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

               Department of Defense Base Closure Account

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

             Family Housing Operation and Maintenance, Army

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

[[Page S2776]]

  


    Family Housing Operation and Maintenance, Navy and Marine Corps

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

          Family Housing Operation and Maintenance, Air Force

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

         Family Housing Operation and Maintenance, Defense-Wide

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

         Department of Defense Family Housing Improvement Fund

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

                   Family Housing Construction, Army

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

           Family Housing Construction, Navy and Marine Corps

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

                 Family Housing Construction, Air Force

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

                       Administrative Provisions

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

                     (including transfer of funds)

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

                     (including transfer of funds)

       Sec. 118.  In addition to any other transfer authority 
     available to the Department of Defense, amounts may be 
     transferred from the Department of Defense Base Closure 
     Account to the fund established by section 1013(d) of the 
     Demonstration Cities and Metropolitan Development Act of 1966 
     (42 U.S.C. 3374) to pay for expenses associated with the 
     Homeowners Assistance Program incurred under 42 U.S.C. 
     3374(a)(1)(A). Any amounts transferred shall be merged with 
     and be available for the same purposes and for the same time 
     period as the fund to which transferred.
       Sec. 119.  Notwithstanding any other provision of law, 
     funds made available in this title for operation and 
     maintenance of family housing shall be the exclusive source 
     of funds for repair and maintenance of all family housing 
     units, including general or flag officer quarters:  Provided, 
     That not more than $35,000 per unit may be spent annually for 
     the maintenance and repair of any general or flag officer 
     quarters without 30 days prior notification, or 14 days for a 
     notification provided in an electronic medium pursuant to 
     sections 480 and 2883 of title 10, United States Code, to the 
     Committees on Appropriations of both Houses of Congress, 
     except that an after-the-fact notification shall be

[[Page S2777]]

     submitted if the limitation is exceeded solely due to costs 
     associated with environmental remediation that could not be 
     reasonably anticipated at the time of the budget submission:  
     Provided further,  That the Under Secretary of Defense 
     (Comptroller) is to report annually to the Committees on 
     Appropriations of both Houses of Congress all operation and 
     maintenance expenditures for each individual general or flag 
     officer quarters for the prior fiscal year.
       Sec. 120.  Amounts contained in the Ford Island Improvement 
     Account established by subsection (h) of section 2814 of 
     title 10, United States Code, are appropriated and shall be 
     available until expended for the purposes specified in 
     subsection (i)(1) of such section or until transferred 
     pursuant to subsection (i)(3) of such section.

                     (including transfer of funds)

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

                         (rescissions of funds)

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

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                       compensation and pensions

                     (including transfer of funds)

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

                         readjustment benefits

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

                   veterans insurance and indemnities

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

                 veterans housing benefit program fund

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

            vocational rehabilitation loans program account

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

          native american veteran housing loan program account

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

      general operating expenses, veterans benefits administration

       For necessary operating expenses of the Veterans Benefits 
     Administration, not otherwise provided for, including hire of 
     passenger motor vehicles, reimbursement of the General 
     Services Administration for security guard services, and 
     reimbursement of the Department of Defense for the cost of 
     overseas

[[Page S2778]]

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

                     Veterans Health Administration

                            medical services

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

                         medical community care

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

                     medical support and compliance

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

                           medical facilities

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

                    medical and prosthetic research

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

                    National Cemetery Administration

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

                      Departmental Administration

                         general administration

                     (including transfer of funds)

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

                       board of veterans appeals

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

                     information technology systems

                     (including transfer of funds)

       For necessary expenses for information technology systems 
     and telecommunications support, including developmental 
     information systems and operational information systems; for 
     pay and associated costs; and for the capital asset 
     acquisition of information technology systems, including 
     management and related contractual costs of said 
     acquisitions, including contractual costs associated with 
     operations authorized by section 3109 of title 5, United 
     States Code, $4,278,259,000, plus reimbursements:  Provided, 
     That $1,272,548,000 shall be for pay and associated costs, of 
     which not to exceed $37,100,000 shall remain available until 
     September 30, 2018:  Provided further, That $2,534,442,000 
     shall be for operations and maintenance, of which not to 
     exceed $180,200,000 shall remain available until September 
     30, 2018:  Provided further, That $471,269,000 shall be for 
     information technology systems development, modernization, 
     and enhancement, and shall remain available until September 
     30, 2018:  Provided further, That amounts made available for 
     information technology systems development, modernization, 
     and enhancement may not be obligated or expended until the 
     Secretary of Veterans Affairs or the Chief Information 
     Officer of the Department of Veterans Affairs submits to the 
     Committees on Appropriations of both Houses of Congress a 
     certification of the amounts, in parts or in full, to be 
     obligated and expended for each development project:  
     Provided further, That amounts made available for salaries 
     and expenses, operations and maintenance, and information 
     technology systems development, modernization, and 
     enhancement may be transferred among the three subaccounts 
     after the Secretary of Veterans Affairs requests from the 
     Committees on Appropriations of both Houses of Congress the 
     authority to make the transfer and an approval is issued:  
     Provided further, That amounts made available for the 
     ``Information Technology Systems'' account for development, 
     modernization, and enhancement may be transferred among 
     projects or to newly defined

[[Page S2779]]

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

                      office of inspector general

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

                      construction, major projects

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

                      construction, minor projects

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

       grants for construction of state extended care facilities

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

             grants for construction of veterans cemeteries

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

                       Administrative Provisions

                     (including transfer of funds)

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

[[Page S2780]]

  


                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

[[Page S2781]]

     remain available until expended for the purposes of these 
     accounts.

                         (rescission of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                         (rescission of funds)

       Sec. 233.  Of the unobligated balances available within the 
     ``DOD-VA Health Care Sharing Incentive Fund'', $52,000,000 
     are hereby rescinded.
       Sec. 234.  The Secretary of Veterans Affairs may not 
     reprogram funds among major construction projects or programs 
     if such instance of reprogramming will exceed $5,000,000, 
     unless such reprogramming is approved by the Committees on 
     Appropriations of both Houses of Congress.
       Sec. 235.  None of the funds appropriated in this or prior 
     appropriations Acts or otherwise made available to the 
     Department of Veterans Affairs may be used to transfer any 
     amounts from the Filipino Veterans Equity Compensation Fund 
     to any other account within the Department of Veterans 
     Affairs.
       Sec. 236.  Paragraph (3) of section 403(a) of the Veterans' 
     Mental Health and Other Care Improvements Act of 2008 (Public 
     Law 110-387; 38 U.S.C. 1703 note) is amended to read as 
     follows:
       ``(3) Duration.--A veteran may receive health services 
     under this section during the period beginning on the date 
     specified in paragraph (2) and ending on September 30, 
     2018.''.
       Sec. 237. (a) Section 1722A(a) of title 38, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(4) Paragraph (1) does not apply to opioid antagonists 
     furnished under this chapter to a veteran who is at high risk 
     for overdose of a specific medication or substance in order 
     to reverse the effect of such an overdose.''.

[[Page S2782]]

       (b) Section 1710(g)(3) of such title is amended--
       (1) by striking ``with respect to home health services'' 
     and inserting ``with respect to the following:''
       ``(A) Home health services''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) Education on the use of opioid antagonists to reverse 
     the effects of overdoses of specific medications or 
     substances.''.
       Sec. 238.  Section 312 of title 38, United States Code, is 
     amended in subsection(c)(1) by striking the phrase ``that 
     makes a recommendation or otherwise suggests corrective 
     action,''.
       Sec. 239.  The Department of Veterans Affairs is authorized 
     to administer financial assistance grants and enter into 
     cooperative agreements with organizations, utilizing a 
     competitive selection process, to train and employ homeless 
     and at-risk veterans in natural resource conservation 
     management.
       Sec. 240.  The Department of Veterans Affairs shall seek to 
     enter into an agreement with the National Academy of Medicine 
     for an assessment on research relating to the descendants of 
     individuals with toxic exposure and to evaluate the 
     feasibility of a research entity or entities to conduct 
     research relating to health conditions of descendants of 
     veterans with toxic exposure while serving in the Armed 
     Forces.
       Sec. 241.  Of the funds provided to the Department of 
     Veterans Affairs for each of fiscal year 2017 and fiscal year 
     2018 for ``Medical Services'', $3,000,000 in each year for 
     carrying out and expanding to each medical center of the 
     Department the child care program authorized by section 205 
     of Public Law 111-163, notwithstanding subsection (e) of such 
     section.
       Sec. 242.  Section 5701(l) of title 38, United States Code, 
     is amended by striking ``may'' and inserting ``shall''.
       Sec. 243. (a) The Secretary of Veterans Affairs shall, as 
     part of the hiring process for each health care provider 
     considered for a position at the Department of Veterans 
     Affairs after the date of the enactment of this Act, require 
     from the medical board of each State in which the health care 
     provider holds or has held a medical license--
       (1) information on any violation of the requirements of the 
     medical license of the health care provider; and
       (2) information on whether the health care provider has 
     entered into any settlement agreement for a disciplinary 
     charge relating to the practice of medicine by the health 
     care provider.
       (b) The Secretary shall prescribe regulations to carry out 
     this section.
       Sec. 244. (a) Notwithstanding section 552a of title 5, 
     United States Code, the Secretary of Veterans Affairs shall, 
     with respect to each health care provider of the Department 
     of Veterans Affairs that has violated a requirement of their 
     medical license, provide to the medical board of each State 
     in which the health care provider is licensed or practices 
     all relevant information contained in the State Licensing 
     Board Reporting File or any successor file of the Department 
     with respect to such violation.
       (b) The Secretary shall provide the information required in 
     subsection (a) to a medical board described in such 
     subsection notwithstanding that such board may not have 
     formally requested such information from the Department.

                     (including transfer of funds)

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

                   VA Patient Protection Act of 2016

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

               ``SUBCHAPTER II--WHISTLEBLOWER COMPLAINTS

     ``Sec. 731. Whistleblower complaint defined

       ``In this subchapter, the term `whistleblower complaint' 
     means a complaint by an employee of the Department 
     disclosing, or assisting another employee to disclose, a 
     potential violation of any law, rule, or regulation, or gross 
     mismanagement, gross waste of funds, abuse of authority, or 
     substantial and specific danger to public health and safety.

     ``Sec. 732. Treatment of whistleblower complaints

       ``(a) Filing.--(1) In addition to any other method 
     established by law in which an employee may file a 
     whistleblower complaint, an employee of the Department may 
     file a whistleblower complaint in accordance with subsection 
     (g) with a supervisor of the employee.
       ``(2) Except as provided by subsection (d)(1), in making a 
     whistleblower complaint under paragraph (1), an employee 
     shall file the initial complaint with the immediate 
     supervisor of the employee.
       ``(b) Notification.--(1)(A) Not later than four business 
     days after the date on which a supervisor receives a 
     whistleblower complaint by an employee under this section, 
     the supervisor shall notify, in writing, the employee of 
     whether the supervisor determines that there is a reasonable 
     likelihood that the complaint discloses a violation of any 
     law, rule, or regulation, or gross mismanagement, gross waste 
     of funds, abuse of authority, or substantial and specific 
     danger to public health and safety.
       ``(B) The supervisor shall retain written documentation 
     regarding the whistleblower complaint and shall submit to the 
     next-level supervisor and the central whistleblower office 
     described in subsection (h) a written report on the 
     complaint.
       ``(2)(A) On a monthly basis, the supervisor shall submit to 
     the appropriate director or other official who is superior to 
     the supervisor a written report that includes the number of 
     whistleblower complaints received by the supervisor under 
     this section during the month covered by the report, the 
     disposition of such complaints, and any actions taken because 
     of such complaints pursuant to subsection (c).
       ``(B) In the case in which such a director or official 
     carries out this paragraph, the director or official shall 
     submit such monthly report to the supervisor of the director 
     or official and to the central whistleblower office described 
     in subsection (h).
       ``(c) Positive Determination.--If a supervisor makes a 
     positive determination under subsection (b)(1) regarding a 
     whistleblower complaint of an employee, the supervisor shall 
     include in the notification to the employee under such 
     subsection the specific actions that the supervisor will take 
     to address the complaint.
       ``(d) Filing Complaint With Next-Level Supervisors.--(1) If 
     any circumstance described in paragraph (3) is met, an 
     employee may file a whistleblower complaint in accordance 
     with subsection (g) with the next-level supervisor who shall 
     treat such complaint in accordance with this section.
       ``(2) An employee may file a whistleblower complaint with 
     the Secretary if the employee has filed the whistleblower 
     complaint to each level of supervisors between the employee 
     and the Secretary in accordance with paragraph (1).
       ``(3) A circumstance described in this paragraph is any of 
     the following circumstances:
       ``(A) A supervisor does not make a timely determination 
     under subsection (b)(1) regarding a whistleblower complaint.
       ``(B) The employee who made a whistleblower complaint 
     determines that the supervisor did not adequately address the 
     complaint pursuant to subsection (c).
       ``(C) The immediate supervisor of the employee is the basis 
     of the whistleblower complaint.
       ``(e) Transfer of Employee Who Files Whistleblower 
     Complaint.--If a supervisor makes a positive determination 
     under subsection (b)(1) regarding a whistleblower complaint 
     filed by an employee, the Secretary shall--
       ``(1) inform the employee of the ability to volunteer for a 
     transfer in accordance with section 3352 of title 5; and
       ``(2) give preference to the employee for such a transfer 
     in accordance with such section.
       ``(f) Prohibition on Exemption.--The Secretary may not 
     exempt any employee of the Department from being covered by 
     this section.
       ``(g) Whistleblower Complaint Form.--(1) A whistleblower 
     complaint filed by an employee under subsection (a) or (d) 
     shall consist of the form described in paragraph (2) and any 
     supporting materials or documentation the employee determines 
     necessary.
       ``(2) The form described in this paragraph is a form 
     developed by the Secretary, in consultation with the Special 
     Counsel, that includes the following:
       ``(A) An explanation of the purpose of the whistleblower 
     complaint form.
       ``(B) Instructions for filing a whistleblower complaint as 
     described in this section.
       ``(C) An explanation that filing a whistleblower complaint 
     under this section does not preclude the employee from any 
     other method established by law in which an employee may file 
     a whistleblower complaint.
       ``(D) A statement directing the employee to information 
     accessible on the Internet website of the Department as 
     described in section 735(d).

[[Page S2783]]

       ``(E) Fields for the employee to provide--
       ``(i) the date that the form is submitted;
       ``(ii) the name of the employee;
       ``(iii) the contact information of the employee;
       ``(iv) a summary of the whistleblower complaint (including 
     the option to append supporting documents pursuant to 
     paragraph (1)); and
       ``(v) proposed solutions to the complaint.
       ``(F) Any other information or fields that the Secretary 
     determines appropriate.
       ``(3) The Secretary, in consultation with the Special 
     Counsel, shall develop the form described in paragraph (2) by 
     not later than 60 days after the date of the enactment of 
     this section.
       ``(h) Central Whistleblower Office.--(1) The Secretary 
     shall ensure that the central whistleblower office--
       ``(A) is not an element of the Office of the General 
     Counsel;
       ``(B) is not headed by an official who reports to the 
     General Counsel;
       ``(C) does not provide, or receive from, the General 
     Counsel any information regarding a whistleblower complaint 
     except pursuant to an action regarding the complaint before 
     an administrative body or court; and
       ``(D) does not provide advice to the General Counsel.
       ``(2) The central whistleblower office shall be responsible 
     for investigating all whistleblower complaints of the 
     Department, regardless of whether such complaints are made by 
     or against an employee who is not a member of the Senior 
     Executive Service.
       ``(3) The Secretary shall ensure that the central 
     whistleblower office maintains a toll-free hotline to 
     anonymously receive whistleblower complaints.
       ``(4) The Secretary shall ensure that the central 
     whistleblower office has such staff and resources as the 
     Secretary considers necessary to carry out the functions of 
     the central whistleblower office.
       ``(5) In this subsection, the term `central whistleblower 
     office' means the Office of Accountability Review or a 
     successor office that is established or designated by the 
     Secretary to investigate whistleblower complaints filed under 
     this section or any other method established by law.

     ``Sec. 733. Adverse actions against supervisory employees who 
       commit prohibited personnel actions relating to 
       whistleblower complaints

       ``(a) In General.--(1) In accordance with paragraph (2), 
     the Secretary shall carry out the following adverse actions 
     against supervisory employees (as defined in section 7103(a) 
     of title 5) whom the Secretary, an administrative judge, the 
     Merit Systems Protection Board, the Office of Special 
     Counsel, an adjudicating body provided under a union 
     contract, a Federal judge, or the Inspector General of the 
     Department determines committed a prohibited personnel action 
     described in subsection (c):
       ``(A) With respect to the first offense, an adverse action 
     that is not less than a 12-day suspension and not more than 
     removal.
       ``(B) With respect to the second offense, removal.
       ``(2)(A) An employee against whom an adverse action under 
     paragraph (1) is proposed is entitled to written notice.
       ``(B)(i) An employee who is notified under subparagraph (A) 
     of being the subject of a proposed adverse action under 
     paragraph (1) is entitled to 14 days following such 
     notification to answer and furnish evidence in support of the 
     answer.
       ``(ii) If the employee does not furnish any such evidence 
     as described in clause (i) or if the Secretary determines 
     that such evidence is not sufficient to reverse the 
     determination to propose the adverse action, the Secretary 
     shall carry out the adverse action following such 14-day 
     period.
       ``(C) Paragraphs (1) and (2) of subsection (b) of section 
     7513 of title 5, subsection (c) of such section, paragraphs 
     (1) and (2) of subsection (b) of section 7543 of such title, 
     and subsection (c) of such section shall not apply with 
     respect to an adverse action carried out under paragraph (1).
       ``(b) Limitation on Other Adverse Actions.--With respect to 
     a prohibited personnel action described in subsection (c), if 
     the Secretary carries out an adverse action against a 
     supervisory employee, the Secretary may carry out an 
     additional adverse action under this section based on the 
     same prohibited personnel action if the total severity of the 
     adverse actions do not exceed the level specified in 
     subsection (a).
       ``(c) Prohibited Personnel Action Described.--A prohibited 
     personnel action described in this subsection is any of the 
     following actions:
       ``(1) Taking or failing to take a personnel action in 
     violation of section 2302 of title 5 against an employee 
     relating to the employee--
       ``(A) filing a whistleblower complaint in accordance with 
     section 732 of this title;
       ``(B) filing a whistleblower complaint with the Inspector 
     General of the Department, the Special Counsel, or Congress;
       ``(C) providing information or participating as a witness 
     in an investigation of a whistleblower complaint in 
     accordance with section 732 or with the Inspector General of 
     the Department, the Special Counsel, or Congress;
       ``(D) participating in an audit or investigation by the 
     Comptroller General of the United States;
       ``(E) refusing to perform an action that is unlawful or 
     prohibited by the Department; or
       ``(F) engaging in communications that are related to the 
     duties of the position or are otherwise protected.
       ``(2) Preventing or restricting an employee from making an 
     action described in any of subparagraphs (A) through (F) of 
     paragraph (1).
       ``(3) Conducting a negative peer review or opening a 
     retaliatory investigation because of an activity of an 
     employee that is protected by section 2302 of title 5.
       ``(4) Requesting a contractor to carry out an action that 
     is prohibited by section 4705(b) or section 4712(a)(1) of 
     title 41, as the case may be.

     ``Sec. 734. Evaluation criteria of supervisors and treatment 
       of bonuses

       ``(a) Evaluation Criteria.--(1) In evaluating the 
     performance of supervisors of the Department, the Secretary 
     shall include the criteria described in paragraph (2).
       ``(2) The criteria described in this subsection are the 
     following:
       ``(A) Whether the supervisor treats whistleblower 
     complaints in accordance with section 732 of this title.
       ``(B) Whether the appropriate deciding official, 
     performance review board, or performance review committee 
     determines that the supervisor was found to have committed a 
     prohibited personnel action described in section 733(b) of 
     this title by an administrative judge, the Merit Systems 
     Protection Board, the Office of Special Counsel, an 
     adjudicating body provided under a union contract, a Federal 
     judge, or, in the case of a settlement of a whistleblower 
     complaint (regardless of whether any fault was assigned under 
     such settlement), the Secretary.
       ``(b) Bonuses.--(1) The Secretary may not pay to a 
     supervisor described in subsection (a)(2)(B) an award or 
     bonus under this title or title 5, including under chapter 45 
     or 53 of such title, during the one-year period beginning on 
     the date on which the determination was made under such 
     subsection.
       ``(2) Notwithstanding any other provision of law, the 
     Secretary shall issue an order directing a supervisor 
     described in subsection (a)(2)(B) to repay the amount of any 
     award or bonus paid under this title or title 5, including 
     under chapter 45 or 53 of such title, if--
       ``(A) such award or bonus was paid for performance during a 
     period in which the supervisor committed a prohibited 
     personnel action as determined pursuant to such subsection 
     (a)(2)(B);
       ``(B) the Secretary determines such repayment appropriate 
     pursuant to regulations prescribed by the Secretary to carry 
     out this section; and
       ``(C) the supervisor is afforded notice and an opportunity 
     for a hearing before making such repayment.

     ``Sec. 735. Training regarding whistleblower complaints

       ``(a) Training.--Not less frequently than once each year, 
     the Secretary, in coordination with the Whistleblower 
     Protection Ombudsman designated under section 3(d)(1)(C) of 
     the Inspector General Act of 1978 (5 U.S.C. App.), shall 
     provide to each employee of the Department training regarding 
     whistleblower complaints, including--
       ``(1) an explanation of each method established by law in 
     which an employee may file a whistleblower complaint;
       ``(2) an explanation of prohibited personnel actions 
     described by section 733(c) of this title;
       ``(3) with respect to supervisors, how to treat 
     whistleblower complaints in accordance with section 732 of 
     this title;
       ``(4) the right of the employee to petition Congress 
     regarding a whistleblower complaint in accordance with 
     section 7211 of title 5;
       ``(5) an explanation that the employee may not be 
     prosecuted or reprised against for disclosing information to 
     Congress, the Inspector General, or another investigatory 
     agency in instances where such disclosure is permitted by 
     law, including under sections 5701, 5705, and 7732 of this 
     title, under section 552a of title 5 (commonly referred to as 
     the Privacy Act), under chapter 93 of title 18, and pursuant 
     to regulations promulgated under section 264(c) of the Health 
     Insurance Portability and Accountability Act of 1996 (Public 
     Law 104-191);
       ``(6) an explanation of the language that is required to be 
     included in all nondisclosure policies, forms, and agreements 
     pursuant to section 115(a)(1) of the Whistleblower Protection 
     Enhancement Act of 2012 (5 U.S.C. 2302 note); and
       ``(7) the right of contractors to be protected from 
     reprisal for the disclosure of certain information under 
     section 4705 or 4712 of title 41.
       ``(b) Manner Training Is Provided.--The Secretary shall 
     ensure that training provided under subsection (a) is 
     provided in person.
       ``(c) Certification.--Not less frequently than once each 
     year, the Secretary shall provide training on merit system 
     protection in a manner that the Special Counsel certifies as 
     being satisfactory.
       ``(d) Publication.--(1) The Secretary shall publish on the 
     Internet website of the Department, and display prominently 
     at each facility of the Department, the rights of an employee 
     to file a whistleblower complaint, including the information 
     described in paragraphs (1) through (7) of subsection (a).
       ``(2) The Secretary shall publish on the Internet website 
     of the Department, the

[[Page S2784]]

     whistleblower complaint form described in section 732(g)(2).

     ``Sec. 736. Reports to Congress

       ``(a) Annual Reports.--Not less frequently than once each 
     year, the Secretary shall submit to the appropriate 
     committees of Congress a report that includes--
       ``(1) with respect to whistleblower complaints filed under 
     section 732 of this title during the year covered by the 
     report--
       ``(A) the number of such complaints filed;
       ``(B) the disposition of such complaints; and
       ``(C) the ways in which the Secretary addressed such 
     complaints in which a positive determination was made by a 
     supervisor under subsection (b)(1) of such section;
       ``(2) the number of whistleblower complaints filed during 
     the year covered by the report that are not included under 
     paragraph (1), including--
       ``(A) the method in which such complaints were filed;
       ``(B) the disposition of such complaints; and
       ``(C) the ways in which the Secretary addressed such 
     complaints; and
       ``(3) with respect to disclosures made by a contractor 
     under section 4705 or 4712 of title 41--
       ``(A) the number of complaints relating to such disclosures 
     that were investigated by the Inspector General of the 
     Department of Veterans Affairs during the year covered by the 
     report;
       ``(B) the disposition of such complaints; and
       ``(C) the ways in which the Secretary addressed such 
     complaints.
       ``(b) Notice of Office of Special Counsel Determinations.--
     Not later than 30 days after the date on which the Secretary 
     receives from the Special Counsel information relating to a 
     whistleblower complaint pursuant to section 1213 of title 5, 
     the Secretary shall notify the appropriate committees of 
     Congress of such information, including the determination 
     made by the Special Counsel.
       ``(c) Appropriate Committees of Congress.--In this section, 
     the term `appropriate committees of Congress' means--
       ``(1) the Committee on Veterans' Affairs and the Committee 
     on Homeland Security and Governmental Affairs of the Senate; 
     and
       ``(2) the Committee on Veterans' Affairs and the Committee 
     on Oversight and Government Reform of the House of 
     Representatives.''.
       (2) Conforming and Clerical Amendments.--
       (A) Conforming amendment.--Such chapter is further amended 
     by inserting before section 701 the following:

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

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

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

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

                ``subchapter ii--whistleblower complaints

``731. Whistleblower complaint defined.
``732. Treatment of whistleblower complaints.
``733. Adverse actions against supervisory employees who commit 
              prohibited personnel actions relating to whistleblower 
              complaints.
``734. Evaluation criteria of supervisors and treatment of bonuses.
``735. Training regarding whistleblower complaints.
``736. Reports to Congress.''.
       (b) Treatment of Congressional Testimony by Department of 
     Veterans Affairs Employees as Official Duty.--
       (1) In general.--Subchapter I of chapter 7 of title 38, 
     United States Code, as designated by section 2(a)(2)(A), is 
     amended by adding at the end the following new section:

     ``Sec. 715. Congressional testimony by employees: treatment 
       as official duty

       ``(a) Congressional Testimony.--An employee of the 
     Department is performing official duty during the period with 
     respect to which the employee is testifying in an official 
     capacity in front of either chamber of Congress, a committee 
     of either chamber of Congress, or a joint or select committee 
     of Congress.
       ``(b) Travel Expenses.--The Secretary shall provide travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with applicable provisions under subchapter I of 
     chapter 57 of title 5, to any employee of the Department of 
     Veterans Affairs performing official duty described under 
     subsection (a).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter, as amended by section 2(a)(2)(B), 
     is further amended by inserting after the item relating to 
     section 713 the following new item:

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

                               TITLE III

                            RELATED AGENCIES

                  American Battle Monuments Commission

                         salaries and expenses

       For necessary expenses, not otherwise provided for, of the 
     American Battle Monuments Commission, including the 
     acquisition

[[Page S2785]]

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

                 foreign currency fluctuations account

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

           United States Court of Appeals for Veterans Claims

                         salaries and expenses

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

                      Department of Defense--Civil

                       Cemeterial Expenses, Army

                         salaries and expenses

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

                      Armed Forces Retirement Home

                               trust fund

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

                       Administrative Provisions

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

                                TITLE IV

                           GENERAL PROVISIONS

       Sec. 401.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 402.  None of the funds made available in this Act may 
     be used for any program, project, or activity, when it is 
     made known to the Federal entity or official to which the 
     funds are made available that the program, project, or 
     activity is not in compliance with any Federal law relating 
     to risk assessment, the protection of private property 
     rights, or unfunded mandates.
       Sec. 403.  All departments and agencies funded under this 
     Act are encouraged, within the limits of the existing 
     statutory authorities and funding, to expand their use of 
     ``E-Commerce'' technologies and procedures in the conduct of 
     their business practices and public service activities.
       Sec. 404.  Unless stated otherwise, all reports and 
     notifications required by this Act shall be submitted to the 
     Subcommittee on Military Construction and Veterans Affairs, 
     and Related Agencies of the Committee on Appropriations of 
     the House of Representatives and the Subcommittee on Military 
     Construction and Veterans Affairs, and Related Agencies of 
     the Committee on Appropriations of the Senate.
       Sec. 405.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government except pursuant to a transfer 
     made by, or transfer authority provided in, this or any other 
     appropriations Act.
       Sec. 406. (a) Any agency receiving funds made available in 
     this Act, shall, subject to subsections (b) and (c), post on 
     the public Web site of that agency any report required to be 
     submitted by the Congress in this or any other Act, upon the 
     determination by the head of the agency that it shall serve 
     the national interest.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises national 
     security; or
       (2) the report contains confidential or proprietary 
     information.
       (c) The head of the agency posting such report shall do so 
     only after such report has been made available to the 
     requesting Committee or Committees of Congress for no less 
     than 45 days.
       Sec. 407. (a) None of the funds made available in this Act 
     may be used to maintain or establish a computer network 
     unless such network blocks the viewing, downloading, and 
     exchanging of pornography.
       (b) Nothing in subsection (a) shall limit the use of funds 
     necessary for any Federal, State, tribal, or local law 
     enforcement agency or any other entity carrying out criminal 
     investigations, prosecution, or adjudication activities.
       Sec. 408.  None of the funds made available in this Act may 
     be used by an agency of the executive branch to pay for 
     first-class travel by an employee of the agency in 
     contravention of sections 301-10.122 through 301-10.124 of 
     title 41, Code of Federal Regulations.
       Sec. 409. (a) In General.--None of the funds appropriated 
     or otherwise made available to the Department of Defense in 
     this Act may be used to construct, renovate, or expand any 
     facility in the United States, its territories, or 
     possessions to house any individual detained at United States 
     Naval Station, Guantanamo Bay, Cuba, for the purposes of 
     detention or imprisonment in the custody or under the control 
     of the Department of Defense.
       (b) The prohibition in subsection (a) shall not apply to 
     any modification of facilities at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (c) An individual described in this subsection is any 
     individual who, as of June 24, 2009, is located at United 
     States Naval Station, Guantanamo Bay, Cuba, and who--
       (1) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (2) is--
       (A) in the custody or under the effective control of the 
     Department of Defense; or
       (B) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
        This Act may be cited as the ``Military Construction, 
     Veterans Affairs, and Related Agencies Appropriations Act, 
     2017''.
                                 ______
                                 
  SA 3897. Mr. McCONNELL (for Mr. Lee (for himself, Mr. Vitter, Mr. 
Cotton, and Mr. Shelby)) proposed an amendment to amendment SA 3896 
proposed by Ms. Collins (for herself, Mr. Kirk, Mr. Reed, and Mr. 
Tester) to the bill H.R. 2577, making appropriations for the 
Departments of Transportation, and Housing and Urban Development, and 
related agencies for the fiscal year ending September 30, 2016, and for 
other purposes; as follows:

       At the appropriate place in Division A, insert the 
     following:
       Sec. __.  None of the funds made available by this Act may 
     be used to carry out the final rule of the Department of 
     Housing and Urban Development entitled ``Affirmatively 
     Furthering Fair Housing'' (80 Fed. Reg. 42272 (July 16, 
     2015)) or to carry out the notice of the Department of 
     Housing and Urban Development entitled ``Affirmatively 
     Furthering Fair Housing Assessment Tool'' (79 Fed. Reg. 57949 
     (September 26, 2014)).
                                 ______
                                 
  SA 3898. Mr. McCONNELL (for Mr. Nelson (for himself and Mr. Rubio)) 
proposed an amendment to amendment SA 3896 proposed by Ms. Collins (for 
herself, Mr. Kirk, Mr. Reed, and Mr. Tester) to the bill H.R. 2577, 
making appropriations for the Departments of Transportation, and 
Housing and Urban Development, and related agencies for the fiscal year 
ending September 30, 2016, and for other purposes; as follows:

       At the appropriate place in Division B, insert the 
     following:

                                TITLE __

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

       The following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2016, and for other purposes, namely:

                      Food and Drug Administration

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $10,000,000, to remain available until expended, to prevent, 
     prepare for, and respond to Zika virus, other vector-borne 
     diseases, or other infectious diseases and related health 
     outcomes, domestically and internationally, and to develop 
     necessary medical countermeasures and vaccines, including the 
     review, regulation, and post market surveillance of vaccines 
     and therapies, and administrative activities: Provided, That 
     such amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced

[[Page S2786]]

     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That such amount shall be available only if 
     the President designates such amount as an emergency 
     requirement pursuant to section 251(b)(2)(A).

               Centers for Disease Control and Prevention

                cdc-wide activities and program support

                     (including transfer of funds)

       For an additional amount for ``CDC-Wide Activities and 
     Program Support'', $743,000,000, to remain available until 
     expended, to prevent, prepare for, and respond to Zika virus, 
     other vector-borne diseases, or other infectious diseases and 
     related health outcomes, domestically and internationally; 
     and to carry out titles II, III, and XVII of the Public 
     Health Service (``PHS'') Act with respect to domestic 
     preparedness and global health: Provided, That products 
     purchased with these funds may, at the discretion of the 
     Secretary of Health and Human Services, be deposited in the 
     Strategic National Stockpile under section 319F-2 of the PHS 
     Act: Provided further, That funds may be used for purchase 
     and insurance of official motor vehicles in foreign 
     countries: Provided further, That the provisions in section 
     317S of the PHS Act shall apply to the use of funds 
     appropriated in this paragraph as determined by the Director 
     of the Centers for Disease Control and Prevention (``CDC'') 
     to be appropriate: Provided further, That funds appropriated 
     in this paragraph may be used for grants for the 
     construction, alteration, or renovation of non-federally 
     owned facilities to improve preparedness and response 
     capability at the State and local level: Provided further, 
     That funds appropriated in this paragraph may be used for 
     acquisition of real property (including long-term ground 
     leases) and equipment, and construction, demolition, or 
     renovation of facilities, including construction on leased 
     land: Provided further, That funds appropriated in this 
     paragraph may be transferred by the Director of CDC to other 
     accounts of the CDC for the purposes provided in this 
     paragraph: Provided further, That such transfer authority is 
     in addition to any other transfer authority provided by law: 
     Provided further, That, upon a determination that all or part 
     of the funds transferred from this appropriation are not 
     necessary for the purposes provided herein, such amounts may 
     be transferred back to this appropriation: Provided further, 
     That the amount appropriated in this paragraph is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended: Provided further, 
     That such amount shall be available only if the President 
     designates such amount as an emergency requirement pursuant 
     to section 251(b)(2)(A).

                     National Institutes of Health

         national institute of allergy and infectious diseases

       For an additional amount for ``National Institute of 
     Allergy and Infectious Diseases'', $277,000,000, to remain 
     available until expended, to prevent, prepare for, and 
     respond to Zika virus, other vector-borne diseases, or other 
     infectious diseases and related health outcomes, domestically 
     and internationally, including expenses related to carrying 
     out section 301 and title IV of the PHS Act: Provided, That 
     such funds may be transferred by the Director of the National 
     Institutes of Health (``NIH'') to other accounts of the NIH 
     for the purposes provided in this paragraph: Provided 
     further, That such transfer authority is in addition to any 
     other transfer authority provided by law: Provided further, 
     That, upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation: Provided further, That the amount 
     appropriated in this paragraph is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended: Provided further, That such amount shall be 
     available only if the President designates such amount as an 
     emergency requirement pursuant to section 251(b)(2)(A).

                        Office of the Secretary

            public health and social services emergency fund

                     (including transfer of funds)

       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'', $233,000,000, to remain available 
     until expended, to prevent, prepare for, and respond to Zika 
     virus, other vector-borne diseases, or other infectious 
     diseases and related health outcomes, domestically and 
     internationally; to develop necessary countermeasures and 
     vaccines, including the development and purchase of vaccines, 
     therapeutics, diagnostics, necessary medical supplies, and 
     administrative activities; for carrying out titles II, III, 
     and XVII of the PHS Act with respect to domestic preparedness 
     and global health; and for carrying out title III of the PHS 
     Act and title V of the Social Security Act to provide health 
     care and related services in areas affected by Zika virus: 
     Provided, That funds appropriated in this paragraph may be 
     used to procure security countermeasures (as defined in 
     section 319F-2(c)(1)(B) of the PHS Act, as amended by this 
     Act): Provided further, That paragraphs (1) and (7)(C) of 
     subsection (c) of section 319F-2 of the PHS Act, but no other 
     provisions of such section, shall apply to such security 
     countermeasures procured with funds appropriated in this 
     paragraph: Provided further, That products purchased with 
     funds appropriated in this paragraph may, at the discretion 
     of the Secretary of Health and Human Services, be deposited 
     in the Strategic National Stockpile under section 319F-2 of 
     the PHS Act: Provided further, That funds appropriated in 
     this paragraph may be transferred to the fund authorized by 
     section 319F-4 of the PHS Act: Provided further, That funds 
     appropriated in this paragraph may, for purposes of providing 
     primary health services in areas affected by Zika virus, 
     other vector-borne diseases, or other infectious diseases, be 
     used to assign National Health Service Corps (``NHSC'') 
     members to Puerto Rico and other Territories, notwithstanding 
     the assignment priorities and limitations in or under 
     sections 333(a)(1)(D), 333(b), or 333A(a) of the PHS Act, and 
     to make NHSC Loan Repayment Program awards under section 338B 
     of such Act: Provided further, That funds may be awarded for 
     projects of regional and national significance in Puerto Rico 
     and other Territories authorized under section 501 of the 
     Social Security Act, notwithstanding section 502 of such Act: 
     Provided further, That funds may be used for the alteration 
     or renovation of non-federally owned facilities to improve 
     preparedness and response capability at the State and local 
     level: Provided further, That funds appropriated in this 
     paragraph may be transferred to other appropriations of the 
     Department of Health and Human Services, as determined by the 
     Secretary to be appropriate, to be used for the purposes 
     specified in this paragraph: Provided further, That any 
     transfers of these funds shall be made in consultation with 
     the Office of Management and Budget: Provided further, That 
     the transfer authority provided in this paragraph is in 
     addition to any other transfer authority provided by law: 
     Provided further, That, upon a determination that all or part 
     of the funds transferred from this appropriation are not 
     necessary for the purposes provided herein, such amounts may 
     be transferred back to this appropriation: Provided further, 
     That the amount appropriated in this paragraph is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended: Provided further, 
     That such amount shall be available only if the President 
     designates such amount as an emergency requirement pursuant 
     to section 251(b)(2)(A).

                           GENERAL PROVISIONS

                     (including transfer of funds)

       Sec. __01.  For purposes of preventing, preparing for, and 
     responding to Zika virus, other vector-borne diseases, or 
     other infectious diseases and related health outcomes 
     domestically and internationally, the Secretary of Health and 
     Human Services may use funds provided in this Act--
       (1) to acquire, lease, construct, alter, renovate, equip, 
     furnish, or manage facilities outside of the United States, 
     as necessary to conduct such programs, in consultation with 
     the Secretary of State, either directly for the use of the 
     United States Government or for the use, pursuant to grants, 
     direct assistance, or cooperative agreements, of public or 
     nonprofit private institutions or agencies in participating 
     foreign countries; and
       (2) to enter into contracts with individuals for the 
     provision of personal services (as described in section 104 
     of part 37 of title 48, Code of Federal Regulations (48 CFR 
     37.104)), within the United States and abroad: Provided, That 
     such individuals may not be deemed employees of the United 
     States for the purpose of any law administered by the Office 
     of Personnel Management.
       Sec. __02.  Section 3304 of title 5, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(g) The heads of the Department of Health and Human 
     Services, Department of State, and the Agency for 
     International Development may appoint, without regard to the 
     provisions of sections 3309 through 3319, candidates needed 
     for positions to perform critical work in direct response to 
     a public health threat requiring an immediate response for 
     which--
       ``(1) public notice has been given; and
       ``(2) the Secretary of Health and Human Services has 
     determined that such a public health threat exists.''.
       Sec. __03.  Funds appropriated by this Act may be used to 
     reimburse accounts administered by the Department of Health 
     and Human Services for obligations incurred for Zika virus 
     response prior to the date of the enactment of this Act.
       Sec. __04.  Funds appropriated to the Department of Health 
     and Human Services in this Act may be transferred to and 
     merged with other Federal accounts for purposes specified in 
     this Act following consultation with the Office of Management 
     and Budget: Provided, That such transfer authority shall be 
     in addition to any other transfer authority provided by law: 
     Provided further, That, upon a determination that all or part 
     of the funds transferred from an appropriation are not 
     necessary, such amounts may be transferred back to that 
     appropriation.
       Sec. __05.  Section 319F-2(c)(1)(B) of the Public Health 
     Service Act (42 U.S.C. 247d-6b(c)(1)(B)) is amended--
       (1) in clause (i)(III)(bb), by striking ``; or'' and 
     inserting a semicolon;
       (2) in clause (ii), by striking the period and inserting 
     ``; or''; and
       (3) by adding at the end the following new clause:

[[Page S2787]]

       ``(iii)(I) the Secretary determines to be a necessary 
     countermeasure to diagnose, mitigate, prevent, or treat harm 
     from any infectious disease that may pose a threat to the 
     public health; and

       ``(II)(aa) is approved or cleared under chapter V of the 
     Federal Food, Drug, and Cosmetic Act, or licensed under 
     section 351 of this Act; or

       ``(bb) is a countermeasure for which the Secretary 
     determines that sufficient and satisfactory clinical 
     experience or research data (including data, if available, 
     from pre-clinical and clinical trials) support a reasonable 
     conclusion that the countermeasure will qualify for approval 
     or licensing within 10 years after the date of a 
     determination under subclause (I).''.
       Sec. __06. (a) The Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary'') shall 
     award grants to territories of the United States for the 
     purpose of combating the Zika virus.
       (b) To be eligible to receive a grant under this section, a 
     territory shall submit to the Secretary a plan describing how 
     the territory will use the grant funds. Within 30 days of 
     receiving such a plan, the Secretary shall--
       (1) approve any such plan that includes efforts for 
     combating the Zika virus through education, prevention, 
     testing, screening, treatment, services, or evaluation 
     efforts; or
       (2) disapprove any such plan that contains extraneous 
     efforts not related to combating the Zika virus.
       (c) To carry out this section, there are authorized to be 
     appropriated, and there are appropriated, $250,000,000 for 
     fiscal year 2016. Any unobligated funds available on October 
     1, 2018, shall be returned to the general fund of the 
     Treasury.
       (d) For purposes of this section, the term ``territory'' 
     means Puerto Rico, Guam, American Samoa, the Commonwealth of 
     the Northern Mariana Islands, or the United States Virgin 
     Islands.
       (e) Amounts made available to carry out this section shall 
     be designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, except that such 
     amounts shall be available only if the President subsequently 
     so designates such amounts and transmits such designation to 
     the Congress.

                                TITLE __

                          DEPARTMENT OF STATE

       The following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2016, and for other purposes, namely:

                   Administration of Foreign Affairs

                    diplomatic and consular programs

       For an additional amount for ``Diplomatic and Consular 
     Programs'', $14,594,000, to remain available until September 
     30, 2017, for necessary expenses to support response efforts 
     related to the Zika virus and related health outcomes, other 
     vector-borne diseases, or other infectious diseases: 
     Provided, That up to $2,419,000 may be made available for 
     medical evacuation costs of any other Department or agency of 
     the United States under the Chief of Mission authority, and 
     may be transferred to any other appropriation of such 
     Department or agency for such costs: Provided further, That 
     such amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, 
     except that such amounts shall be available only if the 
     President subsequently so designates such amounts and 
     transmits such designation to the Congress.

           emergencies in the diplomatic and consular service

       For an additional amount for ``Emergencies in the 
     Diplomatic and Consular Services'', $4,000,000 for necessary 
     expenses to support response efforts related to the Zika 
     virus and related health outcomes, other vector-borne 
     diseases, or other infectious diseases, to remain available 
     until expended: Provided, That such amount is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, except that such amounts shall be 
     available only if the President subsequently so designates 
     such amounts and transmits such designation to the Congress.

                   repatriation loans program account

       For an additional amount for ``Repatriation Loans Program 
     Account'' for the cost of direct loans, $1,000,000, to 
     support the response efforts related to the Zika virus and 
     related health outcomes, other vector-borne diseases, or 
     other infectious diseases, to remain available until 
     expended: Provided, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974: Provided further, That 
     such funds are available to subsidize an additional amount of 
     gross obligations for the principal amount of direct loans 
     not to exceed $1,880,406: Provided further, That such amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, except that such 
     amounts shall be available only if the President subsequently 
     so designates such amounts and transmits such designation to 
     the Congress.

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

       For an additional amount for ``Operating Expenses'', 
     $10,000,000, to remain available until September 30, 2017 for 
     necessary expenses to support response efforts related to the 
     Zika virus and related health outcomes, other vector-borne 
     diseases, or other infectious diseases: Provided, That such 
     amounts are designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, 
     except that such amounts shall be available only if the 
     President subsequently so designates such amounts and 
     transmits such designation to the Congress.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                         global health programs

       For an additional amount for ``Global Health Programs'', 
     $325,000,000, to remain available until expended, for 
     necessary expenses for assistance or research to prevent, 
     treat, or otherwise respond to the Zika virus and related 
     health outcomes, other vector-borne diseases, or other 
     infectious diseases: Provided, That funds appropriated under 
     this heading may be made available for multi-year funding 
     commitments to incentivize the development of global health 
     technologies: Provided further, That such amounts are 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, except that such 
     amounts shall be available only if the President subsequently 
     so designates such amounts and transmits such designation to 
     the Congress.

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State

    nonproliferation, anti-terrorism, demining and related programs

       For an additional amount for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'', $8,000,000, to 
     remain available until September 30, 2017, for necessary 
     expenses to support response and research efforts related to 
     the Zika virus and related health outcomes, other vector-
     borne diseases, or other infectious diseases: Provided, That 
     such amounts are designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, 
     except that such amounts shall be available only if the 
     President subsequently so designates such amounts and 
     transmits such designation to the Congress.

                        MULTILATERAL ASSISTANCE

                  Funds Appropriated to the President

                international organizations and programs

       For an additional amount for ``International Organizations 
     and Programs'', $13,500,000, to remain available until 
     September 30, 2017, for necessary expenses to support 
     response and research efforts related to the Zika virus and 
     related health outcomes, other vector-borne diseases, or 
     other infectious diseases: Provided, That such amounts are 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, except that such 
     amounts shall be available only if the President subsequently 
     so designates such amounts and transmits such designation to 
     the Congress.

                           GENERAL PROVISIONS


                           transfer authority

       Sec. __01. (a) Funds appropriated by this title under the 
     headings ``Global Health Programs'', ``Nonproliferation, 
     Anti-Terrorism, Demining and Related Programs'', 
     ``International Organizations and Programs'', and ``Operating 
     Expenses'' may be transferred to, and merged with, funds 
     appropriated by this title under such headings to carry out 
     the purposes of this Act.
        (b) Funds appropriated by this title under the headings 
     ``Diplomatic and Consular Programs'', ``Emergencies in the 
     Diplomatic and Consular Service'', and ``Repatriation Loans 
     Program Account'' may be transferred to, and merged with, 
     funds appropriated by this title under such headings to carry 
     out the purposes of this Act.
       (c) The transfer authorities provided by this section are 
     in addition to any other transfer authority provided by law.
       (d) Upon a determination that all or part of the funds 
     transferred pursuant to the authorities provided by this 
     section are not necessary for such purposes, such amounts may 
     be transferred back to such appropriations.


                        reimbursement authority

       Sec. __02. Funds appropriated by this Act may be used to 
     reimburse accounts administered by the United States Agency 
     for International Development and the Department of State for 
     obligations incurred for Zika virus response prior to the 
     date of the enactment of this Act.


         availability of funds for international organizations

       Sec. __03. Section 307(a) of the Foreign Assistance Act of 
     1961 shall not apply to funds appropriated by this Act.


                      personal service contractors

       Sec. __04. Funds available in this Act to support response 
     efforts related to the Zika virus and related health 
     outcomes, other

[[Page S2788]]

     vector-borne diseases, or other infectious diseases may be 
     used to enter into contracts with individuals for the 
     provision of personal services (as described in section 104 
     of part 37 of title 48, Code of Federal Regulations (48 CFR 
     37.104)) in the United States or abroad: Provided, That such 
     individuals may not be deemed employees of the United States 
     for the purpose of any law administered by the Office of 
     Personnel Management.
                                 ______
                                 
  SA 3899. Mr. McCONNELL (for Mr. Cornyn (for himself, Mr. Johnson, and 
Mr. Rubio)) proposed an amendment to amendment SA 3896 proposed by Ms. 
Collins (for herself, Mr. Kirk, Mr. Reed, and Mr. Tester) to the bill 
H.R. 2577, making appropriations for the Departments of Transportation, 
and Housing and Urban Development, and related agencies for the fiscal 
year ending September 30, 2016, and for other purposes; as follows:

       At the end of Division B, insert the following:

                       DIVISION __--ZIKA FUNDING

                                TITLE I

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

       The following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2016, and for other purposes, namely:

              Health Resources and Services Administration

                          primary health care

       For an additional amount for ``Primary Health Care'', 
     $40,000,000, to remain available until September 30, 2017, to 
     prevent, prepare for, and respond to Zika virus, other 
     vector-borne diseases, and related health outcomes, 
     domestically and internationally:  Provided, That funds 
     appropriated in this paragraph shall be used to expand the 
     delivery of primary health services authorized by section 330 
     of the Public Health Service (``PHS'') Act, including 
     outreach, education, and screening in Puerto Rico and other 
     territories:  Provided further, That such amount is 
     designated by Congress as an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                            health workforce

       For an additional amount for ``Health Workforce'', 
     $6,000,000 to remain available until September 30, 2017, to 
     prevent, prepare for, and respond to Zika virus, other 
     vector-borne diseases, and related health outcomes, 
     domestically and internationally:  Provided, That funds 
     appropriated in this paragraph may be used for providing 
     primary health services in areas affected by Zika virus or 
     other vector-borne diseases, for assigning National Health 
     Service Corps (``NHSC'') members to Puerto Rico and other 
     Territories, notwithstanding the assignment priorities and 
     limitations in or under sections 333(a)(1)(D), 333(b), or 
     333A(a) of the PHS Act, and for making NHSC Loan Repayment 
     Program awards under section 338B of such Act:  Provided 
     further, That for purposes of the previous proviso, section 
     331(a)(3)(D) of the PHS Act shall be applied as if the term 
     ``primary health services'' included health services 
     regarding pediatric subspecialists:  Provided further, That 
     such amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                       maternal and child health

       For an additional amount for ``Maternal and Child Health'', 
     $5,000,000 to remain available until September 30, 2017, to 
     prevent, prepare for, and respond to Zika virus, other 
     vector-borne diseases, and related health outcomes, 
     domestically and internationally:  Provided, That funds 
     appropriated in this paragraph may be awarded for projects of 
     regional and national significance in Puerto Rico and other 
     Territories authorized under section 501 of the Social 
     Security Act, notwithstanding section 502 of such Act:  
     Provided further, That such amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

               Centers for Disease Control and Prevention

                cdc-wide activities and program support

       For an additional amount for ``CDC-Wide Activities and 
     Program Support'', $449,000,000, to remain available until 
     September 30, 2017, to prevent, prepare for, and respond to 
     Zika virus, other vector-borne diseases, and related health 
     outcomes, domestically and internationally; and to carry out 
     titles II, III, and XVII of the PHS Act with respect to 
     domestic preparedness and global health:  Provided, That 
     products purchased with these funds may, at the discretion of 
     the Secretary of Health and Human Services, be deposited in 
     the Strategic National Stockpile under section 319F-2 of the 
     PHS Act:  Provided further, That funds may be used for 
     purchase and insurance of official motor vehicles in foreign 
     countries:  Provided further, That the provisions in section 
     317S of the PHS Act shall not apply to the use of funds 
     appropriated in this paragraph:  Provided further, That funds 
     appropriated in this paragraph may be used for grants for the 
     construction, alteration, or renovation of nonfederally owned 
     facilities to improve preparedness and response capability at 
     the State and local level:  Provided further, That of the 
     amount appropriated in this paragraph, $88,000,000 may be 
     used to reimburse accounts administered by the Centers for 
     Disease Control and Prevention for obligations incurred for 
     Zika virus response prior to the enactment of this Act:  
     Provided further, That such amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                     National Institutes of Health

         national institute of allergy and infectious diseases

       For an additional amount for ``National Institute of 
     Allergy and Infectious Diseases'', $200,000,000, to remain 
     available until September 30, 2017, to prevent, prepare for, 
     and respond to Zika virus, other vector-borne diseases, and 
     related health outcomes, domestically and internationally, 
     including expenses related to carrying out section 301 and 
     title IV of the PHS Act:  Provided, That such amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                        Office of the Secretary

            public health and social services emergency fund

                     (including transfer of funds)

       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'', $150,000,000, to remain available 
     until September 30, 2017, to prevent, prepare for, and 
     respond to Zika virus, other vector-borne diseases, and 
     related health outcomes, domestically and internationally; to 
     develop necessary countermeasures and vaccines, including the 
     development and purchase of vaccines, therapeutics, 
     diagnostics, necessary medical supplies, and administrative 
     activities; for carrying out titles II, III, and XVII of the 
     PHS Act with respect to domestic preparedness and global 
     health; and for additional payments for distribution as 
     provided for under the ``Social Services Block Grant 
     Program'':  Provided, That funds appropriated in this 
     paragraph may be used to procure security countermeasures (as 
     defined in section 319F-2(c)(1)(B) of the PHS Act, as amended 
     by this Act):  Provided further, That paragraphs (1) and 
     (7)(C) of subsection (c) of section 319F-2 of the PHS Act, 
     but no other provisions of such section, shall apply to such 
     security countermeasures procured with funds appropriated in 
     this paragraph:  Provided further, That products purchased 
     with funds appropriated in this paragraph may, at the 
     discretion of the Secretary of Health and Human Services, be 
     deposited in the Strategic National Stockpile under section 
     319F-2 of the PHS Act:  Provided further, That 
     countermeasures related to the Zika virus shall, in this and 
     subsequent fiscal years, be deemed to be security 
     countermeasures as defined in section 319F-2(c)(1) of the PHS 
     Act, and paragraph (7)(C), but no other provision, of such 
     section 319F-2(c) shall apply to procurements of such 
     countermeasures:  Provided further, That $75,000,000 shall be 
     transferred to ``Social Services Block Grant'' for health 
     services, notwithstanding section 2005(a)(4) of the Social 
     Security Act, in territories with active or local 
     transmission cases of the Zika virus, as confirmed by the 
     Centers for Disease Control and Prevention:  Provided 
     further, That the Secretary of Health and Human Services 
     shall distribute funds transferred to the ``Social Services 
     Block Grant'' in this paragraph to such territories in 
     accordance with objective criteria that are made available to 
     the public:  Provided further, That such amount is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                     General Provisions--This Title

                     (including transfer of funds)

       Sec. 101.  For purposes of preventing, preparing for, and 
     responding to Zika virus, other vector-borne diseases, and 
     related health outcomes domestically and internationally, the 
     Secretary of Health and Human Services may use funds provided 
     in this title to acquire, lease, construct, alter, renovate, 
     equip, furnish, or manage facilities outside of the United 
     States, as necessary to conduct such programs, in 
     consultation with the Secretary of State, either directly for 
     the use of the United States Government or for the use, 
     pursuant to grants, direct assistance, or cooperative 
     agreements, of public or nonprofit private institutions or 
     agencies in participating foreign countries.
       Sec. 102.  Funds appropriated by this title may be used by 
     the heads of the Department of Health and Human Services, 
     Department of State, and the Agency for International 
     Development to appoint, without regard to the provisions of 
     sections 3309 through 3319 of title 5 of the United States 
     Code, candidates needed for positions to perform critical 
     work relating to Zika response for which--
       (1) public notice has been given; and
       (2) the Secretary of Health and Human Services has 
     determined that such a public health threat exists.
       Sec. 103.  Funds appropriated in this title may be 
     transferred to, and merged with, other appropriation accounts 
     under the headings ``Centers for Disease Control and 
     Prevention'', ``Public Health and Social Services Emergency 
     Fund'', ``Health Resources and Services Administration'', and 
     ``National Institutes of Health'' for the purposes specified 
     in this title following consultation with the Office of 
     Management and

[[Page S2789]]

     Budget:  Provided, That the Committees on Appropriations 
     shall be notified 10 days in advance of any such transfer:  
     Provided further, That, upon a determination that all or part 
     of the funds transferred from an appropriation are not 
     necessary, such amounts may be transferred back to that 
     appropriation:  Provided further, That none of the funds made 
     available by this title may be transferred pursuant to the 
     authority in section 206 of division G of Public Law 113-325 
     or section 241(a) of the PHS Act.
       Sec. 104.  Not later than 30 days after enactment of this 
     Act, the Secretary of Health and Human Services shall provide 
     a detailed spend plan of anticipated uses of funds made 
     available in this title, including estimated personnel and 
     administrative costs, to the Committees on Appropriations. 
     The Secretary of Health and Human Services should also 
     provide quarterly obligation updates to the Committees until 
     all funds are expended or expire.

                                TITLE II

                          DEPARTMENT OF STATE

       The following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2016, and for other purposes, namely:

                   Administration of Foreign Affairs

                    diplomatic and consular programs

       For an additional amount for ``Diplomatic and Consular 
     Programs'', $14,594,000, to remain available until September 
     30, 2017, for necessary expenses to support response efforts 
     related to the Zika virus and related health outcomes, other 
     vector-borne diseases, or other infectious diseases:  
     Provided, That up to $4,000,000 may be made available for 
     medical evacuation costs of any other Department or agency of 
     the United States under the Chief of Mission authority, and 
     may be transferred to any other appropriation of such 
     Department or agency for such costs:  Provided further, That 
     such amount is designated by Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

           emergencies in the diplomatic and consular service

       For an additional amount for ``Emergencies in the 
     Diplomatic and Consular Services'', $4,000,000 for necessary 
     expenses to support response efforts related to the Zika 
     virus and related health outcomes, other vector-borne 
     diseases, or other infectious diseases, to remain available 
     until expended:  Provided, That such amount is designated by 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                   repatriation loans program account

       For an additional amount for ``Repatriation Loans Program 
     Account'' for the cost of direct loans, $1,000,000, to 
     support the response efforts related to the Zika virus and 
     related health outcomes, other vector-borne diseases, or 
     other infectious diseases, to remain available until 
     expended:  Provided, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974:  Provided further, That 
     such funds are available to subsidize an additional amount of 
     gross obligations for the principal amount of direct loans 
     not to exceed $1,880,406:  Provided further, That such amount 
     is designated by Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

           United States Agency for International Development

                  funds appropriated to the president

                         global health programs

       For an additional amount for ``Global Health Programs'', 
     $211,000,000, to remain available until expended, for 
     necessary expenses for assistance or research to prevent, 
     treat, or otherwise respond to the Zika virus and related 
     health outcomes, other vector-borne diseases, or other 
     infectious diseases:  Provided, That such funds may be made 
     available for multi-year funding commitments to incentivize 
     the development of global health technologies, following 
     consultation with the Committees on Appropriations:  Provided 
     further, That none of the funds appropriated in this title 
     may be made available for the Grand Challenges for 
     Development program:  Provided further, That such amount is 
     designated by Congress as an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                   International Security Assistance

                          department of state

    nonproliferation, anti-terrorism, demining and related programs

       For an additional amount for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'', $4,000,000, to 
     remain available until September 30, 2017, for necessary 
     expenses to support response and research efforts related to 
     the Zika virus and related health outcomes, other vector-
     borne diseases, or other infectious diseases:   Provided, 
     That such amount is designated by Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                        Multilateral Assistance

                  funds appropriated to the president

                international organizations and programs

       For an additional amount for ``International Organizations 
     and Programs'', $13,500,000, to remain available until 
     September 30, 2017, for necessary expenses to support 
     response and research efforts related to the Zika virus and 
     related health outcomes, other vector-borne diseases, or 
     other infectious diseases:  Provided, That section 307(a) of 
     the Foreign Assistance Act of 1961 shall not apply to funds 
     appropriated in this Act:  Provided further, That such amount 
     is designated by Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                     General Provisions--This Title

                     (including transfer of funds)

       Sec. 201. (a) Funds appropriated by this title under the 
     headings ``Global Health Programs'', ``Nonproliferation, 
     Anti-terrorism, Demining and Related Programs'', 
     ``International Organizations and Programs'', and ``Operating 
     Expenses'' may be transferred to, and merged with, funds 
     appropriated by this title under such headings to carry out 
     the purposes of this title.
       (b) Funds appropriated by this title under the headings 
     ``Diplomatic and Consular Programs'', ``Emergencies in the 
     Diplomatic and Consular Service'', and ``Repatriation Loans 
     Program Account'' may be transferred to, and merged with, 
     funds appropriated by this title under such headings to carry 
     out the purposes of this title.
       (c) The transfer authorities provided by this section are 
     in addition to any other transfer authority provided by law.
       (d) Upon a determination that all or part of the funds 
     transferred pursuant to the authorities provided by this 
     section are not necessary for such purposes, such amounts may 
     be transferred back to such appropriations.
       (e) No funds shall be transferred pursuant to this section 
     unless at least 15 days prior to making such transfer the 
     Secretary of State or the Administrator of the United States 
     Agency for International Development (USAID), as appropriate, 
     notifies the Committees on Appropriations in writing of the 
     details of any such transfer.

                        notification requirement

       Sec. 202.  Funds appropriated by this title that are made 
     available to respond to the Zika virus outbreak, other 
     vector-borne diseases, or other infectious diseases shall not 
     be available for obligation unless the Secretary of State or 
     the USAID Administrator, as appropriate, notifies the 
     Committees on Appropriations in writing at least 15 days in 
     advance of such obligation.

                         spend plan requirement

       Sec. 203.  Not later than 45 days after the date of 
     enactment of this Act and prior to the obligation of funds 
     made available by this title to respond to the Zika virus 
     outbreak, other vector-borne diseases, or other infectious 
     diseases, the Secretary of State and the USAID Administrator, 
     as appropriate, shall submit spend plans to the Committees on 
     Appropriations on the anticipated uses of funds on a country 
     and project basis, including estimated personnel and 
     administrative costs:  Provided, That such plans shall be 
     updated and submitted to the Committee on Appropriations 
     every 90 days until September 30, 2017, and every 180 days 
     thereafter until all funds have been fully expended.

                     comptroller general oversight

       Sec. 204.  Of the funds appropriated by this title, up to 
     $500,000 shall be made available to the Comptroller General 
     of the United States, to remain available until expended, for 
     oversight of activities supported pursuant to this title with 
     funds appropriated by this title:  Provided, That the 
     Secretary of State and USAID Administrator, as appropriate, 
     and the Comptroller General shall consult with the Committees 
     on Appropriations prior to obligating such funds.

                               rescission

       Sec. 205.  Of the unobligated balances available under the 
     heading ``Operating Expenses'' in title IX of the Department 
     of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2015 (division J of Public Law 113-235), 
     $10,000,000 are rescinded:  Provided, That such amounts are 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                               TITLE III

   Removing Barriers to Combating the Zika Virus and Mosquito-borne 
                        Transmission of Disease

       Sec. 301.  Section 402 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1342) is amended by adding at the end 
     the following:
       ``(s) Mosquito Control Waiver.--Notwithstanding any other 
     provision of this section, the Administrator (or a State, in 
     the case of a permit program approved under subsection (b)) 
     shall not require a permit for a discharge from the 
     application by an entity authorized under State or local law, 
     such as a vector control district, of a pesticide in 
     compliance with all relevant requirements of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
     seq.) to control mosquitos or mosquito larvae to protect the 
     public health and welfare, including for the prevention or 
     control of the Zika virus, West Nile virus, or dengue fever. 
     The Administrator shall not directly or indirectly require 
     any State to require such a permit.''.

[[Page S2790]]

  


                                TITLE IV

                      General Provisions--This Act

                extension of authorities and provisions

       Sec. 401.  Unless otherwise provided for by this division, 
     the additional amounts appropriated pursuant to this division 
     for fiscal year 2016 are subject to the requirements for 
     funds contained in the Consolidated Appropriations Act, 2016 
     (Public Law 114-113).

                      personal service contractors

       Sec. 402.  Funds made available by this division to support 
     response efforts related to the Zika virus and related health 
     outcomes, other vector-borne diseases, or other infectious 
     diseases may be used to enter into contracts with individuals 
     for the provision of personal services (as described in 
     section 104 of part 37 of title 48, Code of Federal 
     Regulations (48 CFR 37.104)), within the United States and 
     abroad, subject to prior consultation with, and the 
     notification procedures of, the Committees on Appropriations: 
      Provided, That such individuals may not be deemed employees 
     of the United States for the purpose of any law administered 
     by the Office of Personnel Management.

                        designation requirement

       Sec. 403.  Each amount designated in this division by 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 shall be available (or rescinded, if 
     applicable) only if the President subsequently so designates 
     all such amounts and transmits such designations to Congress.


                               rescission

       Sec. 404. From amounts appropriated for the Prevention and 
     Public Health Fund under section 4002 of the Patient 
     Protection and Affordable Care Act (42 U.S.C. 300u-11)--
       (1) for fiscal year 2017, $1,000,000,000 shall be rescinded 
     on the date on which such amounts are available for 
     obligation; and
       (2) for fiscal year 2018, $200,000,000 shall be rescinded 
     on the date on which such amounts are available for 
     obligation.


                              short title

       Sec. 405. This division may be cited as the ``Emergency 
     Supplemental Appropriations for Zika Response and 
     Preparedness Act, 2016''.
                                 ______
                                 
  SA 3900. Mr. McCONNELL (for Mr. Blunt (for himself, Mr. Graham, Mr. 
Cochran, Mrs. Murray, and Mr. Leahy)) proposed an amendment to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; as follows:

       At the appropriate place in division B, insert the 
     following:

                                TITLE __

                     ZIKA RESPONSE AND PREPAREDNESS

                               CHAPTER 1

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                          primary health care

       For an additional amount for fiscal year 2016 for ``Primary 
     Health Care'', $40,000,000 to remain available until 
     September 30, 2017, to prevent, prepare for, and respond to 
     Zika virus, other vector-borne diseases, and related health 
     outcomes, domestically and internationally:  Provided, That 
     funds appropriated in this paragraph shall be used to expand 
     the delivery of primary health services authorized by section 
     330 of the Public Health Service (``PHS'') Act in Puerto Rico 
     and other territories:  Provided further, That such amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                            health workforce

       For an additional amount for fiscal year 2016 for ``Health 
     Workforce'', $6,000,000 to remain available until September 
     30, 2017, to prevent, prepare for, and respond to Zika virus, 
     other vector-borne diseases, and related health outcomes, 
     domestically and internationally:  Provided, That funds 
     appropriated in this paragraph may, for purposes of providing 
     primary health services in areas affected by Zika virus or 
     other vector-borne diseases, be used to assign National 
     Health Service Corps (``NHSC'') members to Puerto Rico and 
     other Territories, notwithstanding the assignment priorities 
     and limitations in or under sections 333(a)(1)(D), 333(b), or 
     333A(a) of the PHS Act, and to make NHSC Loan Repayment 
     Program awards under section 338B of such Act:  Provided 
     further, That for purposes of the previous proviso, section 
     331(a)(3)(D) of the PHS Act shall be applied as if the term 
     ``primary health services'' included health services 
     regarding pediatric subspecialists:  Provided further, That 
     such amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                       maternal and child health

       For an additional amount for fiscal year 2016 for 
     ``Maternal and Child Health'', $5,000,000 to remain available 
     until September 30, 2017, to prevent, prepare for, and 
     respond to Zika virus, other vector-borne diseases, and 
     related health outcomes, domestically and internationally:  
     Provided, That funds appropriated in this paragraph may be 
     awarded for projects of regional and national significance in 
     Puerto Rico and other Territories authorized under section 
     501 of the Social Security Act, notwithstanding section 502 
     of such Act:  Provided further, That such amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

               Centers for Disease Control and Prevention

                cdc-wide activities and program support

       For an additional amount for fiscal year 2016 for ``CDC-
     Wide Activities and Program Support'', $449,000,000, to 
     remain available until September 30, 2017, to prevent, 
     prepare for, and respond to Zika virus, other vector-borne 
     diseases, and related health outcomes, domestically and 
     internationally; and to carry out titles II, III, and XVII of 
     the PHS Act with respect to domestic preparedness and global 
     health:  Provided, That products purchased with these funds 
     may, at the discretion of the Secretary of Health and Human 
     Services, be deposited in the Strategic National Stockpile 
     under section 319F-2 of the PHS Act:  Provided further, That 
     funds may be used for purchase and insurance of official 
     motor vehicles in foreign countries:  Provided further, That 
     the provisions in section 317S of the PHS Act shall not apply 
     to the use of funds appropriated in this paragraph:  Provided 
     further, That funds appropriated in this paragraph may be 
     used for grants for the construction, alteration, or 
     renovation of non-federally owned facilities to improve 
     preparedness and response capability at the State and local 
     level:  Provided further, That of the amount appropriated in 
     this paragraph, $88,000,000 may be used to reimburse accounts 
     administered by the Centers for Disease Control and 
     Prevention for obligations incurred for Zika virus response 
     prior to the enactment of this Act:  Provided further, That 
     such amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                     National Institutes of Health

         national institute of allergy and infectious diseases

       For an additional amount for fiscal year 2016 for 
     ``National Institute of Allergy and Infectious Diseases'', 
     $200,000,000, to remain available until September 30, 2017, 
     to prevent, prepare for, and respond to Zika virus, other 
     vector-borne diseases, and related health outcomes, 
     domestically and internationally, including expenses related 
     to carrying out section 301 and title IV of the PHS Act:  
     Provided, That such amount is designated by the Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                        Office of the Secretary

            public health and social services emergency fund

                     (including transfer of funds)

       For an additional amount for fiscal year 2016 for ``Public 
     Health and Social Services Emergency Fund'', $150,000,000, to 
     remain available until September 30, 2017, to prevent, 
     prepare for, and respond to Zika virus, other vector-borne 
     diseases, and related health outcomes, domestically and 
     internationally; to develop necessary countermeasures and 
     vaccines, including the development and purchase of vaccines, 
     therapeutics, diagnostics, necessary medical supplies, and 
     administrative activities; for carrying out titles II, III, 
     and XVII of the PHS Act with respect to domestic preparedness 
     and global health; and for additional payments for 
     distribution as provided for under the ``Social Services 
     Block Grant Program'':  Provided, That funds appropriated in 
     this paragraph may be used to procure security 
     countermeasures (as defined in section 319F-2(c)(1)(B) of the 
     PHS Act, as amended by this Act):  Provided further, That 
     paragraphs (1) and (7)(C) of subsection (c) of section 319F-2 
     of the PHS Act, but no other provisions of such section, 
     shall apply to such security countermeasures procured with 
     funds appropriated in this paragraph:  Provided further, That 
     products purchased with funds appropriated in this paragraph 
     may, at the discretion of the Secretary of Health and Human 
     Services, be deposited in the Strategic National Stockpile 
     under section 319F-2 of the PHS Act:  Provided further, That 
     countermeasures related to the Zika virus procured with funds 
     appropriated in this paragraph shall be deemed to be security 
     countermeasures as defined in section 319F-2(c)(1) of the PHS 
     Act, and paragraph (7)(C), but no other provision, of such 
     section 319F-2(c) shall apply to procurements of such 
     countermeasures:  Provided further, That $75,000,000 shall be 
     transferred to ``Social Services Block Grant'' for health 
     services, notwithstanding section 2005(a)(4) of the Social 
     Security Act, in territories with active or local 
     transmission cases of the Zika virus, as confirmed by the 
     Centers for Disease Control and Prevention:  Provided 
     further, That the Secretary of Health and Human Services 
     shall distribute funds transferred to the ``Social Services 
     Block Grant'' in this paragraph to such territories in 
     accordance with objective criteria that are made available to 
     the public:  Provided further, That such amount is

[[Page S2791]]

     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                    General Provisions--This Chapter

                     (including transfer of funds)

       Sec. __.  For purposes of preventing, preparing for, and 
     responding to Zika virus, other vector-borne diseases, and 
     related health outcomes domestically and internationally, the 
     Secretary of Health and Human Services may use funds provided 
     in this chapter to acquire, lease, construct, alter, 
     renovate, equip, furnish, or manage facilities outside of the 
     United States, as necessary to conduct such programs, in 
     consultation with the Secretary of State, either directly for 
     the use of the United States Government or for the use, 
     pursuant to grants, direct assistance, or cooperative 
     agreements, of public or nonprofit private institutions or 
     agencies in participating foreign countries.
       Sec. __.  Funds appropriated by this chapter may be used by 
     the heads of the Department of Health and Human Services, 
     Department of State, and the Agency for International 
     Development to appoint, without regard to the provisions of 
     sections 3309 through 3319 of title 5 of the United States 
     Code, candidates needed for positions to perform critical 
     work relating to Zika response for which--
       (1) public notice has been given; and
       (2) the Secretary of Health and Human Services has 
     determined that such a public health threat exists.
       Sec. __.  Funds appropriated in this chapter may be 
     transferred to, and merged with, other appropriation accounts 
     under the headings ``Centers for Disease Control and 
     Prevention'', ``Public Health and Social Services Emergency 
     Fund'', ``Health Resources and Services Administration'', and 
     ``National Institutes of Health'' for the purposes specified 
     in this chapter following consultation with the Office of 
     Management and Budget:  Provided, That the Committees on 
     Appropriations shall be notified 10 days in advance of any 
     such transfer:  Provided further, That, upon a determination 
     that all or part of the funds transferred from an 
     appropriation are not necessary, such amounts may be 
     transferred back to that appropriation:  Provided further, 
     That none of the funds made available by this chapter may be 
     transferred pursuant to the authority in section 206 of 
     division G of Public Law 113-325 or section 241(a) of the PHS 
     Act.
       Sec. __.  Not later than 30 days after enactment of this 
     Act, the Secretary of Health and Human Services shall provide 
     a detailed spend plan of anticipated uses of funds made 
     available in this chapter, including estimated personnel and 
     administrative costs, to the Committees on Appropriations. 
     The Secretary of Health and Human Services should also 
     provide quarterly obligation updates to the Committees until 
     all funds are expended or expire.

                               CHAPTER 2

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

       For an additional amount for fiscal year 2016 for 
     ``Diplomatic and Consular Programs'', $14,594,000, to remain 
     available until September 30, 2017, for necessary expenses to 
     support response efforts related to the Zika virus and 
     related health outcomes, other vector-borne diseases, or 
     other infectious diseases:  Provided, That up to $4,000,000 
     may be made available for medical evacuation costs of any 
     other Department or agency of the United States under Chief 
     of Mission authority, and may be transferred to any other 
     appropriation of such Department or agency for such costs:  
     Provided further, That such amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

           emergencies in the diplomatic and consular service

       For an additional amount for fiscal year 2016 for 
     ``Emergencies in the Diplomatic and Consular Service'', 
     $4,000,000 for necessary expenses to support response efforts 
     related to the Zika virus and related health outcomes, other 
     vector-borne diseases, or other infectious diseases, to 
     remain available until expended:  Provided, That such amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                   repatriation loans program account

       For an additional amount for fiscal year 2016 for 
     ``Repatriation Loans Program Account'' for the cost of direct 
     loans, $1,000,000, to support response efforts related to the 
     Zika virus and related health outcomes, other vector-borne 
     diseases, or other infectious diseases, to remain available 
     until expended:  Provided, That such costs, including costs 
     of modifying such loans, shall be as defined in section 502 
     of the Congressional Budget Act of 1974:  Provided further, 
     That such funds are available to subsidize an additional 
     amount of gross obligations for the principal amount of 
     direct loans not to exceed $1,880,406:  Provided further, 
     That such amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

           United States Agency for International Development

                  funds appropriated to the president

                           operating expenses

       For an additional amount for fiscal year 2016 for 
     ``Operating Expenses'', $10,000,000, to remain available 
     until September 30, 2017, for necessary expenses to support 
     response efforts related to the Zika virus and related health 
     outcomes, other vector-borne diseases, or other infectious 
     diseases:  Provided, That such amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                     Bilateral Economic Assistance

                  funds appropriated to the president

                         global health programs

       For an additional amount for fiscal year 2016 for ``Global 
     Health Programs'', $211,000,000, to remain available until 
     expended, for necessary expenses for assistance or research 
     to prevent, treat, or otherwise respond to the Zika virus and 
     related health outcomes, other vector-borne diseases, or 
     other infectious diseases:  Provided, That such funds may be 
     made available for multi-year funding commitments to 
     incentivize the development of global health technologies, 
     following consultation with the Committees on Appropriations: 
      Provided further, That none of the funds appropriated in 
     this chapter may be made available for the Grand Challenges 
     for Development program:  Provided further, That such amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                   International Security Assistance

                          department of state

    nonproliferation, anti-terrorism, demining and related programs

       For an additional amount for fiscal year 2016 for 
     ``Nonproliferation, Anti-terrorism, Demining and Related 
     Programs'', $4,000,000, to remain available until September 
     30, 2017, for necessary expenses to support response and 
     research efforts related to the Zika virus and related health 
     outcomes, other vector-borne diseases, or other infectious 
     diseases:  Provided, That such amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                        Multilateral Assistance

                  funds appropriated to the president

                international organizations and programs

       For an additional amount for fiscal year 2016 for 
     ``International Organizations and Programs'', $13,500,000, to 
     remain available until September 30, 2017 for necessary 
     expenses to support response and research efforts related to 
     the Zika virus and related health outcomes, other vector-
     borne diseases, or other infectious diseases:  Provided, That 
     section 307(a) of the Foreign Assistance Act of 1961 shall 
     not apply to funds appropriated under this heading:  Provided 
     further, That such amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                    General Provisions--This Chapter

                     (including transfer of funds)

       Sec. __. (a) Funds appropriated by this chapter under the 
     headings ``Global Health Programs'', ``Nonproliferation, 
     Anti-terrorism, Demining and Related Programs'', 
     ``International Organizations and Programs'', and ``Operating 
     Expenses'' may be transferred to, and merged with, funds 
     appropriated by this chapter under such headings to carry out 
     the purposes of this chapter.
       (b) Funds appropriated by this chapter under the headings 
     ``Diplomatic and Consular Programs'', ``Emergencies in the 
     Diplomatic and Consular Service'', and ``Repatriation Loans 
     Program Account'' may be transferred to, and merged with, 
     funds appropriated by this chapter under such headings to 
     carry out the purposes of this chapter.
       (c) The transfer authorities provided by this section are 
     in addition to any other transfer authority provided by law.
       (d) Upon a determination that all or part of the funds 
     transferred pursuant to the authorities provided by this 
     section are not necessary for such purposes, such amounts may 
     be transferred back to such appropriations.
       (e) No funds shall be transferred pursuant to this section 
     unless at least 15 days prior to making such transfer the 
     Secretary of State or the Administrator of the United States 
     Agency for International Development (USAID), as appropriate, 
     notifies the Committees on Appropriations in writing of the 
     details of any such transfer.

                        notification requirement

       Sec. __.  Funds appropriated by this chapter that are made 
     available to respond to the Zika virus outbreak, other 
     vector-borne diseases, or other infectious diseases shall not 
     be available for obligation unless the Secretary of State or 
     the USAID Administrator, as appropriate, notifies the 
     Committees on Appropriations in writing at least 15 days in 
     advance of such obligation.

                         spend plan requirement

       Sec. __.  Not later than 45 days after enactment of this 
     Act and prior to the obligation of funds made available by 
     this chapter to respond to the Zika virus outbreak, other 
     vector-borne diseases, or other infectious diseases, the 
     Secretary of State and the

[[Page S2792]]

     USAID Administrator, as appropriate, shall submit spend plans 
     to the Committees on Appropriations on the anticipated uses 
     of funds on a country and project basis, including estimated 
     personnel and administrative costs:  Provided, That such 
     plans shall be updated and submitted to the Committee on 
     Appropriations every 90 days until September 30, 2017, and 
     every 180 days thereafter until all funds have been fully 
     expended.

                     comptroller general oversight

       Sec. __.  Of the funds appropriated by this chapter, up to 
     $500,000 shall be made available to the Comptroller General 
     of the United States, to remain available until expended, for 
     oversight of activities supported pursuant to this chapter 
     with funds appropriated by this chapter:  Provided, That the 
     Secretary of State and USAID Administrator, as appropriate, 
     and the Comptroller General shall consult with the Committees 
     on Appropriations prior to obligating such funds.

                               rescission

       Sec. __.  Of the unobligated balances available under the 
     heading ``Operating Expenses'' in title IX of the Department 
     of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2015 (division J of Public Law 113-235), 
     $10,000,000 are rescinded:  Provided, That such amounts are 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                               CHAPTER 3

                     GENERAL PROVISIONS--THIS TITLE

                extension of authorities and provisions

       Sec. __.  Unless otherwise provided for by this title, the 
     additional amounts appropriated pursuant to this title for 
     fiscal year 2016 are subject to the requirements for funds 
     contained in the Consolidated Appropriations Act, 2016 
     (Public Law 114-113).

                      personal service contractors

       Sec. __.  Funds made available by this title to support 
     response efforts related to the Zika virus and related health 
     outcomes, other vector-borne diseases, or other infectious 
     diseases may be used to enter into contracts with individuals 
     for the provision of personal services (as described in 
     section 104 of part 37 of title 48, Code of Federal 
     Regulations (48 CFR 37.104)), within the United States and 
     abroad, subject to prior consultation with, and the 
     notification procedures of, the Committees on Appropriations: 
      Provided, That such individuals may not be deemed employees 
     of the United States for the purpose of any law administered 
     by the Office of Personnel Management.

                        designation requirement

       Sec. __.  Each amount designated in this title by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 shall be available (or rescinded, if 
     applicable) only if the President subsequently so designates 
     all such amounts and transmits such designations to the 
     Congress.

                             effective date

       Sec. __.  This title shall become effective immediately 
     upon enactment of this Act.
                                 ______
                                 
  SA 3901. Ms. COLLINS (for herself and Mr. Reed) submitted an 
amendment intended to be proposed to amendment SA 3896 proposed by Ms. 
Collins (for herself, Mr. Kirk, Mr. Reed, and Mr. Tester) to the bill 
H.R. 2577, making appropriations for the Departments of Transportation, 
and Housing and Urban Development, and related agencies for the fiscal 
year ending September 30, 2016, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 67, line 14, strike ``2018'' and insert ``2019,''.
                                 ______
                                 
  SA 3902. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of Division B, add the following:


                  extension of veterans choice program

       Sec. 251.  (a) In General.--The Veterans Access, Choice, 
     and Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 
     1701 note) is amended--
       (1) in section 101(p)(2), by striking ``3 years'' and 
     inserting ``6 years''; and
       (2) in section 802(d)(1), by striking ``$10,000,000,000'' 
     and inserting ``$17,500,000,000''.
       (b) Emergency Designations.--(1) Subsection (a) is 
     designated as an emergency requirement pursuant to section 
     4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 
     933(g)).
       (2) In the Senate, subsection (a) is designated as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.
                                 ______
                                 
  SA 3903. Ms. HEITKAMP submitted an amendment intended to be proposed 
to amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, 
Mr. Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations 
for the Departments of Transportation, and Housing and Urban 
Development, and related agencies for the fiscal year ending September 
30, 2016, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 26, after line 21, add the following:
       Sec. 119J. (a) Not later than one year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report assessing the 
     importance of collegiate aviation flight training operations 
     and the effect of such operations on the economy and 
     infrastructure of airports in the National Plan of Integrated 
     Airport Systems.
       (b) In the report required by subsection (a), the 
     Comptroller General shall include the following:
       (1) An assessment of the total capacity of collegiate 
     aviation flight training programs in the United States to 
     meet the needs of the United States to train commercial 
     pilots.
       (2) An assessment of the footprint of collegiate aviation 
     flight training operations at the airports in the United 
     States.
       (3) An assessment of whether infrastructure beyond that 
     necessary for operations of commercial air carriers is needed 
     at airports at which collegiate aviation flight training 
     operations are conducted.
       (4) If such infrastructure is needed, an estimate of the 
     cost of such infrastructure.
       (5) An identification of funding sources, available before 
     the date of the enactment of this Act or that may become 
     available after such date of enactment, that may be used to 
     construct such infrastructure.
       (6) Recommendations for improving technical and financial 
     assistance to airports to construct such infrastructure.
                                 ______
                                 
  SA 3904. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, 
Mr. Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations 
for the Departments of Transportation, and Housing and Urban 
Development, and related agencies for the fiscal year ending September 
30, 2016, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place in Division B, insert the 
     following:


                         reprogramming of funds

       Sec. ___.  (a) In General.--Notwithstanding any other 
     provision of law, not to exceed $1,100,000,000 of the 
     unobligated balances of amounts made available to the 
     Department of State, the United States Agency for 
     International Development, and the Department of Health and 
     Human Services for fiscal year 2015, or any fiscal year 
     before fiscal year 2015, that remain available for obligation 
     may be transferred or reprogrammed by the head of the 
     applicable agency for use to prevent, prepare for, or respond 
     to the Zika virus.
       (b) Notification and Certification Requirements.--
       (1) In general.--Not later than 15 days prior to the 
     transfer or reprogramming of funds made available pursuant to 
     subsection (a) or section 7058(c) of the Consolidated 
     Appropriations Act, 2016 (Public Law 114-113)--
       (A) the Director of the Office of Management and Budget 
     shall certify to the appropriate Congressional committees 
     that the net effect of all transfers and reprogramming made 
     pursuant to subsection (a) shall not result in an increase in 
     outlays over the period of fiscal years 2016 through 2021; 
     and
       (B) the Secretary of Health and Human Services, in 
     coordination with the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development, shall submit to the appropriate Congressional 
     committees a multi-year spending plan that specifies the 
     proposed uses of such funds.
       (2) Spending plan.--The spending plan submitted under 
     paragraph (1)(B) shall include--
       (A) the objectives, indicators to measure progress, and a 
     timeline to implement a successful strategy to respond to the 
     Zika virus;
       (B) the amounts intended to be transferred or reprogrammed 
     pursuant to this Act, that are made available from prior Acts 
     making appropriations for--
       (i) the Department of State, foreign operations, and 
     related programs to support such strategy; and
       (ii) the Department of Labor, Health and Human Services, 
     Education, and related agencies;
       (C) a description of how any foreign assistance planned to 
     be transferred or reprogrammed pursuant to subsection (a) 
     will differ from, complement, and leverage funds allocated 
     by--
       (i) each government for countries in which the United 
     States will use funds authorized by this Act; and
       (ii) other governmental, nongovernmental, and 
     intergovernmental donors; and
       (D) a description of--

[[Page S2793]]

       (i) the resources each government described in subparagraph 
     (C)(i) possess to prevent, prepare for, and respond to the 
     Zika virus; and
       (ii) the political will of each government described in 
     subparagraph (C)(i) to use the resources described in clause 
     (i).
       (c) Follow up Report.--Not later than November 30, 2017, 
     the Secretary of Health and Human Services, in coordination 
     with the Secretary of State and the Administrator of the 
     United States Agency for International Development, shall 
     submit to the appropriate Congressional committees, a report 
     that contains a full accounting, on a program level, of funds 
     transferred or reprogrammed pursuant to subsection (a). Such 
     report shall, to the greatest extent practicable, contain a 
     comparison of the full accounting contained in the report to 
     the original spending plan described in subsection (b)(2).
       (d) Limitation on Authority.--The authority provided in the 
     section to reprogram and expend funds shall terminate on 
     September 30, 2017.
       (e) Definition.--In this section, the term ``appropriate 
     Congressional committees'' means the Committee on 
     Appropriations and the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Appropriations and the Committee on Oversight and Government 
     Reform of the House of Representatives.
                                 ______
                                 
  SA 3905. Mr. HELLER submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in Division A, insert the 
     following:
       Sec. __.  None of the funds made available under this Act 
     shall be used to provide housing assistance benefits for an 
     individual who is convicted of--
       (1) aggravated sexual abuse under section 2241 of title 18, 
     United States Code;
       (2) murder under section 1111 of title 18, United States 
     Code; or
       (3) any other Federal or State offense involving--
       (A) severe forms of trafficking in persons or sex 
     trafficking, as those terms are defined in paragraphs (9) and 
     (10), respectively, of section 103 of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7102); or
       (B) child pornography, as defined in section 2256 of title 
     18, United States Code.
                                 ______
                                 
  SA 3906. Mr. HELLER submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in Division A, insert the 
     following:

     SEC. ___. NO BUDGET, NO PAY.

       (a) Short Title.--This section may be cited as the ``No 
     Budget, No Pay Act''.
       (b) Definition.--In this section, the term ``Member of 
     Congress''--
       (1) has the meaning given under section 2106 of title 5, 
     United States Code; and
       (2) does not include the Vice President.
       (c) Timely Approval of Concurrent Resolution on the Budget 
     and the Appropriations Bills.--If both Houses of Congress 
     have not approved a concurrent resolution on the budget as 
     described under section 301 of the Congressional Budget and 
     Impoundment Control Act of 1974 (2 U.S.C. 632) for a fiscal 
     year before October 1 of that fiscal year and have not passed 
     all the regular appropriations bills for the next fiscal year 
     before October 1 of that fiscal year, the pay of each Member 
     of Congress may not be paid for each day following that 
     October 1 until the date on which both Houses of Congress 
     approve a concurrent resolution on the budget for that fiscal 
     year and all the regular appropriations bills.
       (d) No Pay Without Concurrent Resolution on the Budget and 
     the Appropriations Bills.--
       (1) In general.--Notwithstanding any other provision of 
     law, no funds may be appropriated or otherwise be made 
     available from the United States Treasury for the pay of any 
     Member of Congress during any period determined by the 
     Chairpersons of the Committee on the Budget and the Committee 
     on Appropriations of the Senate or the Chairpersons of the 
     Committee on the Budget and the Committee on Appropriations 
     of the House of Representatives under subsection (e).
       (2) No retroactive pay.--A Member of Congress may not 
     receive pay for any period determined by the Chairpersons of 
     the Committee on the Budget and the Committee on 
     Appropriations of the Senate or the Chairpersons of the 
     Committee on the Budget and the Committee on Appropriations 
     of the House of Representatives under subsection (e), at any 
     time after the end of that period.
       (e) Determinations.--
       (1) Senate.--
       (A) Request for certifications.--On October 1 of each year, 
     the Secretary of the Senate shall submit a request to the 
     Chairpersons of the Committee on the Budget and the Committee 
     on Appropriations of the Senate for certification of 
     determinations made under clause (i) and (ii) of subparagraph 
     (B).
       (B) Determinations.--The Chairpersons of the Committee on 
     the Budget and the Committee on Appropriations of the Senate 
     shall--
       (i) on October 1 of each year, make a determination of 
     whether Congress is in compliance with subsection (c) and 
     whether Senators may not be paid under that subsection;
       (ii) determine the period of days following each October 1 
     that Senators may not be paid under subsection (c); and
       (iii) provide timely certification of the determinations 
     under clauses (i) and (ii) upon the request of the Secretary 
     of the Senate.
       (2) House of representatives.--
       (A) Request for certifications.--On October 1 of each year, 
     the Chief Administrative Officer of the House of 
     Representatives shall submit a request to the Chairpersons of 
     the Committee on the Budget and the Committee on 
     Appropriations of the House of Representatives for 
     certification of determinations made under clauses (i) and 
     (ii) of subparagraph (B).
       (B) Determinations.--The Chairpersons of the Committee on 
     the Budget and the Committee on Appropriations of the House 
     of Representatives shall--
       (i) on October 1 of each year, make a determination of 
     whether Congress is in compliance with subsection (c) and 
     whether Members of the House of Representatives may not be 
     paid under that subsection;
       (ii) determine the period of days following each October 1 
     that Members of the House of Representatives may not be paid 
     under subsection (c); and
       (iii) provide timely certification of the determinations 
     under clauses (i) and (ii) upon the request of the Chief 
     Administrative Officer of the House of Representatives.
       (f) Effective Date.--This section shall take effect on 
     February 1, 2017.
                                 ______
                                 
  SA 3907. Mr. WARNER (for himself and Mr. Kaine) submitted an 
amendment intended to be proposed to amendment SA 3896 proposed by Ms. 
Collins (for herself, Mr. Kirk, Mr. Reed, and Mr. Tester) to the bill 
H.R. 2577, making appropriations for the Departments of Transportation, 
and Housing and Urban Development, and related agencies for the fiscal 
year ending September 30, 2016, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 30, strike lines 3 through 11 and insert the 
     following:
       Sec. 120. (a) For fiscal year 2017, the Secretary of 
     Transportation shall--
       (1) not distribute from the obligation limitation for 
     Federal-aid highways amounts authorized for--
       (A) administrative expenses and programs by section 104(a) 
     of title 23, United States Code;
       (B) the Bureau of Transportation Statistics; and
       (C) the programs under sections 203 and 204 of title 23, 
     United States Code;
       On page 37, between lines 8 and 9, insert the following:
       (f) Additional Funds for National Park Service.--
       (1) In general.--
       (A) Reservation of funds.--Not later than 30 days after the 
     date of distribution of the obligation limitation under 
     subsection (a), the Secretary shall reserve for the use of 
     the National Park Service any funds that--
       (i) are authorized to be appropriated for the fiscal year 
     for the programs under sections 203 and 204 of title 23, 
     United States Code; and
       (ii) but for subsection (a)(1)(C), the Secretary would have 
     distributed to the States under subsection (e).
       (B) Availability of funds.--Funds reserved under 
     subparagraph (A) shall be available for any purpose described 
     in section 203 of title 23, United States Code.
       (2) Obligation limitation.--Of the obligation limitation 
     that the Secretary reserves under subsection (a)(1)(C), the 
     Secretary shall make available for use with the funds under 
     paragraph (1) an amount of obligation limitation equal to the 
     amount of funds reserved under that paragraph.
       (3) Other funds and obligation limitation.--Any funds 
     reserved under paragraph (1), and any obligation limitation 
     made available under paragraph (2), shall be in addition to 
     funds or an obligation limitation otherwise made available to 
     the National Park Service under section 203 or 204 of title 
     23, United States Code.
                                 ______
                                 
  SA 3908. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3896 proposed by Ms. Collins (for herself, Mr. Kirk, Mr. 
Reed, and Mr. Tester) to the bill H.R. 2577, making appropriations for 
the Departments of Transportation, and Housing and Urban Development, 
and related agencies for the fiscal year ending September 30, 2016, and 
for other

[[Page S2794]]

purposes; which was ordered to lie on the table; as follows:

       On page 15, line 25, strike ``airport'' and insert the 
     following: ``airport: Provided further, That an amount not to 
     exceed $2,000,000 shall be available for use to revise 
     existing third class medical certification regulations such 
     that a general aviation pilot is authorized to operate an 
     aircraft authorized under Federal law to carry not more than 
     6 occupants and with a maximum certificated takeoff weight of 
     not more than 6,000 pounds if the pilot has held a third 
     class medical certificate issued by the Federal Aviation 
     Administration in the preceding 10 years, has completed an 
     online medical education course in the preceding 2 years, has 
     received a medical examination by a State-licensed physician 
     in the preceding 4 years, and is under the care and treatment 
     of a physician as directed''.

     

                          ____________________