[Congressional Record Volume 162, Number 75 (Thursday, May 12, 2016)]
[Senate]
[Pages S2753-S2785]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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''.
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