[Congressional Record Volume 162, Number 100 (Wednesday, June 22, 2016)]
[House]
[Pages H4066-H4125]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONFERENCE REPORT ON H.R. 2577, TRANSPORTATION, HOUSING AND URBAN
DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
Mr. ROGERS of Kentucky submitted the following conference report and
statement on 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.
Conference Report (H. Rept. 114-640)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the House to the amendment of
the Senate 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, having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House to the amendment of the Senate and
agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2017 and Zika Response and Preparedness Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
Sec. 5. Availability of funds.
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions
DIVISION B--ZIKA RESPONSE AND PREPAREDNESS APPROPRIATIONS ACT, 2016
DIVISION C--ZIKA VECTOR CONTROL
DIVISION D--RESCISSIONS OF FUNDS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2017.
SEC. 5. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985
shall be available (or rescinded, if applicable) only if the
President subsequently so designates all such amounts and
transmits such designations to the Congress.
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
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, $513,459,000, to remain available until
September 30, 2021: Provided, That, of this amount, not to
exceed $98,159,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of the
Army determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps
as currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation,
$1,021,580,000, to remain available until September 30, 2021:
Provided, That, of this amount, not to exceed $88,230,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and
[[Page H4067]]
real property for the Air Force as currently authorized by
law, $1,491,058,000, to remain available until September 30,
2021: Provided, That of this amount, not to exceed
$143,582,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Secretary of the Air Force determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor:
Provided further, That none of the funds made available under
this heading shall be for construction of the Joint
Intelligence Analysis Complex Consolidation, Phase 3, at
Royal Air Force Croughton, United Kingdom, unless authorized
in an Act authorizing appropriations for fiscal year 2017 for
military construction.
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, $2,025,444,000,
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: Provided further, That of the
amount appropriated, not to exceed $180,775,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$232,930,000, to remain available until September 30, 2021:
Provided, That, of the amount appropriated, not to exceed
$8,729,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Director of the Army National Guard determines
that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$143,957,000, to remain available until September 30, 2021:
Provided, That, of the amount appropriated, not to exceed
$10,462,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Director of the Air National Guard determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $68,230,000, to remain
available until September 30, 2021: Provided, That, of the
amount appropriated, not to exceed $7,500,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of
the Army Reserve determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $38,597,000, to remain available until September 30,
2021: Provided, That, of the amount appropriated, not to
exceed $3,783,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Secretary of the Navy determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $188,950,000, to remain
available until September 30, 2021: Provided, That, of the
amount appropriated, not to exceed $4,500,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of
the Air Force Reserve determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $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),
$240,237,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$157,172,000, to remain available until September 30, 2021.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $325,995,000.
Family Housing 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 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 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.
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.
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)
[[Page H4068]]
provide for site preparation; or (3) install utilities for
any family housing, except housing for which funds have been
made available in annual Acts making appropriations for
military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Gulf, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Gulf, may be used to award
any contract estimated by the Government to exceed $1,000,000
to a foreign contractor: Provided, That this section shall
not be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel
30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated
to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.
Sec. 115. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections 480 and 2883 of title 10, United States
Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the
Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of
Defense Military Unaccompanied Housing Improvement Fund from
amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts,
to be merged with and to be available for the same purposes
and for the same period of time as amounts appropriated
directly to the Fund: Provided, That appropriations made
available to the Funds shall be available to cover the costs,
as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of
subchapter IV of chapter 169 of title 10, United States Code,
pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and
supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the Department of Defense Base Closure
Account to the fund established by section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with
and be available for the same purposes and for the same time
period as the fund to which transferred.
Sec. 119. Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided,
That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress,
except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated
with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller)
is to report annually to the Committees on Appropriations of
both Houses of Congress all operation and maintenance
expenditures for each individual general or flag officer
quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations
available in this Act to the Department of Defense for
military construction and family housing operation and
maintenance and construction have expired for obligation,
upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations
incurred during the period of availability of such
appropriations, unobligated balances of such appropriations
may be transferred into the appropriation ``Foreign Currency
Fluctuations, Construction, Defense'', to be merged with and
to be available for the same time period and for the same
purposes as the appropriation to which transferred.
Sec. 122. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used by the
Secretary of the Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the
total number of civilian employees of the Department of the
Army and Army contractor personnel employed exceeds 10
percent of the total number of members of the regular and
reserve components of the Army assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the
Secretary of the Army certifies to the congressional defense
committees that in proposing the relocation of the unit of
the Army, the Secretary complied with Army Regulation 5-10
relating to the policy, procedures, and responsibilities for
Army stationing actions.
Sec. 123. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account
in accordance with the reprogramming guidelines for military
construction and family housing construction contained in
Department of Defense Financial Management Regulation
7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
on the date of enactment of this Act.
Sec. 124. None of the funds made available in this title
may be obligated or expended for planning and design and
construction of projects at Arlington National Cemetery.
Sec. 125. For an additional amount for 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'',
$227,099,000;
``Military Construction, Air Force'', $149,500,000;
``Military Construction, Army National Guard'',
$67,500,000;
``Military Construction, Air National Guard'', $11,000,000;
``Military Construction, Army Reserve'', $30,000,000:
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 by the Secretary of Defense:
Provided further, That such projects 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 his or her designee,
shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided
under this section.
Sec. 126. For an additional amount for ``Military
Construction, Navy and Marine Corps'', $89,400,000, to remain
available until September 30, 2021: Provided, That, such
funds may only be obligated to carry out construction
projects identified by the Department of the Navy in its June
8, 2016, unfunded priority list submission to the Committees
on Appropriations of both Houses of Congress detailing
unfunded reprogramming and emergency construction
requirements: Provided further, That, not later
[[Page H4069]]
than 30 days after enactment of this Act, the Secretary of
the Navy, or his or her designee, shall submit to the
Committees an expenditure plan for funds provided under this
section.
(rescissions of funds)
Sec. 127. 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'', $29,602,000;
``Military Construction, Air Force'', $51,460,000;
``Military Construction, Defense-Wide'', $171,600,000, of
which $30,000,000 are to be derived from amounts made
available for Missile Defense Agency planning and design; and
``North Atlantic Treaty Organization Security Investment
Program'', $30,000,000:
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.
(rescission of funds)
Sec. 128. Of the unobligated balances made available in
prior appropriation Acts for the fund established in section
1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) (other than
appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or
as an emergency requirement), $25,000,000 are hereby
rescinded.
Sec. 129. 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. 130. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 131. Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this
or any other Act may be used to consolidate or relocate any
element of a United States Air Force Rapid Engineer
Deployable Heavy Operational Repair Squadron Engineer (RED
HORSE) outside of the United States until the Secretary of
the Air Force (1) completes an analysis and comparison of the
cost and infrastructure investment required to consolidate or
relocate a RED HORSE squadron outside of the United States
versus within the United States; (2) provides to the
Committees on Appropriations of both Houses of Congress
(``the Committees'') a report detailing the findings of the
cost analysis; and (3) certifies in writing to the Committees
that the preferred site for the consolidation or relocation
yields the greatest savings for the Air Force: Provided,
That the term ``United States'' in this section does not
include any territory or possession of the United States.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53,
55, and 61 of title 38, United States Code; pension benefits
to or on behalf of veterans as authorized by chapters 15, 51,
53, 55, and 61 of title 38, United States Code; and burial
benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the
provisions of title IV of the Servicemembers Civil Relief Act
(50 U.S.C. App. 541 et seq.) and for other benefits as
authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States
Code, $90,119,449,000, to remain available until expended and
to become available on October 1, 2017: Provided, That not
to exceed $17,224,000 of the amount made available for fiscal
year 2018 under this heading shall be reimbursed to ``General
Operating Expenses, Veterans Benefits Administration'', and
``Information Technology Systems'' for necessary expenses in
implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and Pensions''
appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be
reimbursed to ``Medical Care Collections Fund'' to augment
the funding of individual medical facilities for nursing home
care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, $13,708,648,000, to remain available
until expended and to become available on October 1, 2017:
Provided, That expenses for rehabilitation program services
and assistance which the Secretary is authorized to provide
under subsection (a) of section 3104 of title 38, United
States Code, other than under paragraphs (1), (2), (5), and
(11) of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by chapters 19 and 21, title 38, United States
Code, $124,504,000, to remain available until expended, of
which $107,899,000 shall become available on October 1, 2017.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further,
That, during fiscal year 2017, within the resources
available, not to exceed $500,000 in gross obligations for
direct loans are authorized for specially adapted housing
loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $198,856,000.
vocational rehabilitation loans program account
For the cost of direct loans, $36,000, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$2,517,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $389,000, which may be paid to
the appropriation for ``General Operating Expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,163,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General
Services Administration for security guard services, and
reimbursement of the Department of Defense for the cost of
overseas employee mail, $2,856,160,000: Provided, That
expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of
title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans:
(1) to the maximum extent feasible, to become employable and
to obtain and maintain suitable employment; or (2) to achieve
maximum independence in daily living, shall be charged to
this account: Provided further, That, of the funds made
available under this heading, not to exceed 5 percent shall
remain available until September 30, 2018.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees
hired under title 38, United States Code, aid to State homes
as authorized by section 1741 of title 38, United States
Code, assistance and support services for caregivers as
authorized by section 1720G of title 38, United States Code,
loan repayments authorized by section 604 of the Caregivers
and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital
care and medical services authorized by section 1787 of title
38, United States Code; $1,078,993,000, which shall be in
addition to funds previously appropriated under this heading
that become 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
[[Page H4070]]
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: Provided further, That the
Secretary of Veterans Affairs shall provide access to
therapeutic listening devices to veterans struggling with
mental health related problems, substance abuse, or traumatic
brain injury.
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; $247,668,000, which
shall be in addition to funds previously appropriated under
this heading that become 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, $345,391,000, 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.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by section 3109 of title 5, United
States Code, $4,278,259,000, plus reimbursements: Provided,
That $1,272,548,000 shall be for pay and associated costs, of
which not to exceed $37,100,000 shall remain available until
September 30, 2018: Provided further, That $2,534,442,000
shall be for operations and maintenance, of which not to
exceed $180,200,000 shall remain available until September
30, 2018: Provided further, That $471,269,000 shall be for
information technology systems development, modernization,
and enhancement, and shall remain available until September
30, 2018: Provided further, That amounts made available for
information technology systems development, modernization,
and enhancement may not be obligated or expended until the
Secretary of Veterans Affairs or the Chief Information
Officer of the Department of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be
obligated and expended for each development project:
Provided further, That amounts made available for salaries
and expenses, operations and maintenance, and information
technology systems development, modernization, and
enhancement may be transferred among the three subaccounts
after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That amounts made available for the
``Information Technology Systems'' account for development,
modernization, and enhancement may be transferred among
projects or to newly defined projects: Provided further,
That no project may be increased or decreased by more than
$1,000,000 of cost prior to submitting a request to the
Committees on Appropriations of both Houses of Congress to
make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed: Provided further,
That funds under this heading may be used by the Interagency
Program Office through the Department of Veterans Affairs to
define data standards, code sets, and value sets used to
enable interoperability: Provided further, That of the funds
made available for information technology systems
development, modernization, and enhancement for VistA
Evolution or any successor program, not more than 25 percent
may be obligated or expended until the Secretary of Veterans
Affairs:
(1) 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;
(2) 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;
(3) 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;
(4) 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; and
(5) 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:
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 joint
explanatory statement 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
[[Page H4071]]
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 $478,110,000 shall
remain available until September 30, 2021, and of which
$50,000,000 shall remain available until expended: Provided,
That except for advance planning activities, including needs
assessments which may or may not lead to capital investments,
and other capital asset management related activities,
including portfolio development and management activities,
and investment strategy studies funded through the advance
planning fund and the planning and design activities funded
through the design fund, including needs assessments which
may or may not lead to capital investments, and salaries and
associated costs of the resident engineers who oversee those
capital investments funded through this account and
contracting officers who manage specific major construction
projects, and funds provided for the purchase, security, and
maintenance of land for the National Cemetery Administration
through the land acquisition line item, none of the funds
made available under this heading shall be used for any
project that has not been notified to Congress through the
budgetary process or that has not been approved by the
Congress through statute, joint resolution, or in the
explanatory statement accompanying such Act and presented to
the President at the time of enrollment: Provided further,
That funds made available under this heading for fiscal year
2017, for each approved project shall be obligated: (1) by
the awarding of a construction documents contract by
September 30, 2017; and (2) by the awarding of a construction
contract by September 30, 2018: Provided further, That the
Secretary of Veterans Affairs shall promptly submit to the
Committees on Appropriations of both Houses of Congress a
written report on any approved major construction project for
which obligations are not incurred within the time
limitations established above: Provided further, That, of
the amount made available under this heading, $222,620,000
for Veterans Health Administration major construction
projects shall not be available until the Department of
Veterans Affairs--
(1) enters into an agreement with an appropriate non-
Department of Veterans Affairs Federal entity to serve as the
design and/or construction agent for any Veterans Health
Administration major construction project with a Total
Estimated Cost of $100,000,000 or above by providing full
project management services, including management of the
project design, acquisition, construction, and contract
changes, consistent with section 502 of Public Law 114-58;
and
(2) certifies in writing that such an agreement is executed
and intended to minimize or prevent subsequent major
construction project cost overruns and provides a copy of the
agreement entered into and any required supplementary
information to the Committees on Appropriations of both
Houses of Congress.
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406 and chapter 81 of title 38, United
States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States
Code, $372,069,000, to remain available until September 30,
2021, along with unobligated balances of previous
``Construction, Minor Projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds made available under this
heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $90,000,000, to remain available
until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$45,000,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2017 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has
elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2017, in this or any other
Act, under the ``Medical Services'', ``Medical Community
Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts:
Provided, That any transfers among the ``Medical Services'',
``Medical Community Care'', 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 among the ``Medical
Services'', ``Medical Community Care'', 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
[[Page H4072]]
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 $3,932,000 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. 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. 212. 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. 213. 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. 214. 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. 215. 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. 216. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, Major Projects'' and ``Construction,
Minor Projects'' accounts, to remain available until expended
for the purposes of these accounts.
(rescission of funds)
Sec. 217. 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. 218. 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 paragraph entitled ``Quarterly reporting'',
under the heading ``General Administration'' in the joint
explanatory statement accompanying this Act.
(including transfer of funds)
Sec. 219. 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. 220. 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. 221. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2017 for ``Medical
Services'', ``Medical Community Care'', ``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. 222. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2017,
for ``Medical Services'', ``Medical Community Care'',
``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. 223. 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. 224. Of the amounts available in this title for
``Medical Services'', ``Medical Community Care'', ``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. 225. 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. 226. 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. 227. 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. 228. 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 quarterly report containing performance measures
and data from each Veterans Benefits Administration Regional
Office: Provided, That, at a minimum, the report shall
include the direction contained in the section entitled
``Disability claims backlog'', under the heading ``General
[[Page H4073]]
Operating Expenses, Veterans Benefits Administration'' in the
joint explanatory statement accompanying this Act.
Sec. 229. 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. 230. The Secretary of Veterans Affairs shall provide
written notification to the Committees on Appropriations of
both Houses of Congress 15 days prior to organizational
changes which result in the transfer of 25 or more full-time
equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 231. The Secretary of Veterans Affairs shall provide
on a quarterly basis to the Committees on Appropriations of
both Houses of Congress notification of any single national
outreach and awareness marketing campaign in which
obligations exceed $2,000,000.
(including transfer of funds)
Sec. 232. The Secretary of Veterans Affairs, upon
determination that such action is necessary to address needs
of the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations
made available for fiscal year 2017 in this title (except
appropriations made to the ``General Operating Expenses,
Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of
Veterans Affairs, including those appropriated for fiscal
year 2017, that were provided in advance by appropriations
Acts: Provided, That transfers shall be made only with the
approval of the Office of Management and Budget: Provided
further, That the transfer authority provided in this section
is in addition to any other transfer authority provided by
law: Provided further, That no amounts may be transferred
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such authority to transfer may
not be used unless for higher priority items, based on
emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by Congress:
Provided further, That, upon determination that all or part
of the funds transferred from an appropriation are not
necessary, such amounts may be transferred back to that
appropriation and shall be available for the same purposes as
originally appropriated: 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.
(including transfer of funds)
Sec. 233. 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.
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.
(rescission of funds)
Sec. 235. Of the unobligated balances available within the
``DOD-VA Health Care Sharing Incentive Fund'', $40,000,000
are hereby rescinded.
(rescissions of funds)
Sec. 236. Of the discretionary funds made available in
Public Law 114-113 for the Department of Veterans Affairs for
fiscal year 2017, $134,000,000 are rescinded from ``Medical
Services'', $26,000,000 are rescinded from ``Medical Support
and Compliance'', and $9,000,000 are rescinded from ``Medical
Facilities''.
Sec. 237. The amounts otherwise made available by this Act
for the following accounts of the Department of Veterans
Affairs are hereby reduced by the following amounts:
(1) ``Veterans Health Administration--Medical and
Prosthetic Research'', $2,000,000.
(2) ``Departmental Administration--Board of Veterans
Appeals'', $500,000.
(3) ``Veterans Benefits Administration--General Operating
Expenses, Veterans Benefits Administration'', $12,000,000.
(4) ``Departmental Administration--Information Technology
Systems'', $8,000,000.
(5) ``Departmental Administration--Office of Inspector
General'', $500,000.
Sec. 238. The Secretary of Veterans Affairs shall ensure
that the toll-free suicide hotline under section 1720F(h) of
title 38, United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
Sec. 239. (a) The Secretary of Veterans Affairs shall treat
a marriage and family therapist described in subsection (b)
as qualified to serve as a marriage and family therapist in
the Department of Veterans Affairs, regardless of any
requirements established by the Commission on Accreditation
for Marriage and Family Therapy Education.
(b) A marriage and family therapist described in this
subsection is a therapist who meets each of the following
criteria:
(1) Has a masters or higher degree in marriage and family
therapy, or a related field, from a regionally accredited
institution.
(2) Is licensed as a marriage and family therapist in a
State (as defined in section 101(20) of title 38, United
States Code) and possesses the highest level of licensure
offered from the State.
(3) Has passed the Association of Marital and Family
Therapy Regulatory Board Examination in Marital and Family
Therapy or a related examination for licensure administered
by a State (as so defined).
Sec. 240. 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. 241. 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. 242. 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,
2017.''.
Sec. 243. (a) Section 1722A(a) of title 38, United States
Code, is amended by adding at the end the following new
paragraph:
``(4) Paragraph (1) does not apply to opioid antagonists
furnished under this chapter to a veteran who is at high risk
for overdose of a specific medication or substance in order
to reverse the effect of such an overdose.''.
(b) Section 1710(g)(3) of such title is amended--
(1) by striking ``with respect to home health services''
and inserting ``with respect to the following:''
``(A) Home health services''; and
(2) by adding at the end the following new subparagraph:
``(B) Education on the use of opioid antagonists to reverse
the effects of overdoses of specific medications or
substances.''.
Sec. 244. 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. 245. Of the funds provided to the Department of
Veterans Affairs for each of fiscal year 2017 and fiscal year
2018 for ``Medical Services'', funds may be used in each year
to carry out and expand the child care program authorized by
section 205 of Public Law 111-163, notwithstanding subsection
(e) of such section.
Sec. 246. Section 5701(l) of title 38, United States Code,
is amended by striking ``may'' and inserting ``shall''.
VA Patient Protection Act of 2016
Sec. 247. (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
[[Page H4074]]
may file a whistleblower complaint, an employee of the
Department may file a whistleblower complaint in accordance
with subsection (g) with a supervisor of the employee.
``(2) Except as provided by subsection (d)(1), in making a
whistleblower complaint under paragraph (1), an employee
shall file the initial complaint with the immediate
supervisor of the employee.
``(b) Notification.--(1)(A) Not later than four business
days after the date on which a supervisor receives a
whistleblower complaint by an employee under this section,
the supervisor shall notify, in writing, the employee of
whether the supervisor determines that there is a reasonable
likelihood that the complaint discloses a violation of any
law, rule, or regulation, or gross mismanagement, gross waste
of funds, abuse of authority, or substantial and specific
danger to public health and safety.
``(B) The supervisor shall retain written documentation
regarding the whistleblower complaint and shall submit to the
next-level supervisor and the central whistleblower office
described in subsection (h) a written report on the
complaint.
``(2)(A) On a monthly basis, the supervisor shall submit to
the appropriate director or other official who is superior to
the supervisor a written report that includes the number of
whistleblower complaints received by the supervisor under
this section during the month covered by the report, the
disposition of such complaints, and any actions taken because
of such complaints pursuant to subsection (c).
``(B) In the case in which such a director or official
carries out this paragraph, the director or official shall
submit such monthly report to the supervisor of the director
or official and to the central whistleblower office described
in subsection (h).
``(c) Positive Determination.--If a supervisor makes a
positive determination under subsection (b)(1) regarding a
whistleblower complaint of an employee, the supervisor shall
include in the notification to the employee under such
subsection the specific actions that the supervisor will take
to address the complaint.
``(d) Filing Complaint With Next-Level Supervisors.--(1) If
any circumstance described in paragraph (3) is met, an
employee may file a whistleblower complaint in accordance
with subsection (g) with the next-level supervisor who shall
treat such complaint in accordance with this section.
``(2) An employee may file a whistleblower complaint with
the Secretary if the employee has filed the whistleblower
complaint to each level of supervisors between the employee
and the Secretary in accordance with paragraph (1).
``(3) A circumstance described in this paragraph is any of
the following circumstances:
``(A) A supervisor does not make a timely determination
under subsection (b)(1) regarding a whistleblower complaint.
``(B) The employee who made a whistleblower complaint
determines that the supervisor did not adequately address the
complaint pursuant to subsection (c).
``(C) The immediate supervisor of the employee is the basis
of the whistleblower complaint.
``(e) Transfer of Employee Who Files Whistleblower
Complaint.--If a supervisor makes a positive determination
under subsection (b)(1) regarding a whistleblower complaint
filed by an employee, the Secretary shall--
``(1) inform the employee of the ability to volunteer for a
transfer in accordance with section 3352 of title 5; and
``(2) give preference to the employee for such a transfer
in accordance with such section.
``(f) Prohibition on Exemption.--The Secretary may not
exempt any employee of the Department from being covered by
this section.
``(g) Whistleblower Complaint Form.--(1) A whistleblower
complaint filed by an employee under subsection (a) or (d)
shall consist of the form described in paragraph (2) and any
supporting materials or documentation the employee determines
necessary.
``(2) The form described in this paragraph is a form
developed by the Secretary, in consultation with the Special
Counsel, that includes the following:
``(A) An explanation of the purpose of the whistleblower
complaint form.
``(B) Instructions for filing a whistleblower complaint as
described in this section.
``(C) An explanation that filing a whistleblower complaint
under this section does not preclude the employee from any
other method established by law in which an employee may file
a whistleblower complaint.
``(D) A statement directing the employee to information
accessible on the Internet website of the Department as
described in section 735(d).
``(E) Fields for the employee to provide--
``(i) the date that the form is submitted;
``(ii) the name of the employee;
``(iii) the contact information of the employee;
``(iv) a summary of the whistleblower complaint (including
the option to append supporting documents pursuant to
paragraph (1)); and
``(v) proposed solutions to the complaint.
``(F) Any other information or fields that the Secretary
determines appropriate.
``(3) The Secretary, in consultation with the Special
Counsel, shall develop the form described in paragraph (2) by
not later than 60 days after the date of the enactment of
this section.
``(h) Central Whistleblower Office.--(1) The Secretary
shall ensure that the central whistleblower office--
``(A) is not an element of the Office of the General
Counsel;
``(B) is not headed by an official who reports to the
General Counsel;
``(C) does not provide, or receive from, the General
Counsel any information regarding a whistleblower complaint
except pursuant to an action regarding the complaint before
an administrative body or court; and
``(D) does not provide advice to the General Counsel.
``(2) The central whistleblower office shall be responsible
for investigating all whistleblower complaints of the
Department, regardless of whether such complaints are made by
or against an employee who is not a member of the Senior
Executive Service.
``(3) The Secretary shall ensure that the central
whistleblower office maintains a toll-free hotline to
anonymously receive whistleblower complaints.
``(4) The Secretary shall ensure that the central
whistleblower office has such staff and resources as the
Secretary considers necessary to carry out the functions of
the central whistleblower office.
``(5) In this subsection, the term `central whistleblower
office' means the Office of Accountability Review or a
successor office that is established or designated by the
Secretary to investigate whistleblower complaints filed under
this section or any other method established by law.
``Sec. 733. Adverse actions against supervisory employees who
commit prohibited personnel actions relating to
whistleblower complaints
``(a) In General.--(1) In accordance with paragraph (2),
the Secretary shall carry out the following adverse actions
against supervisory employees (as defined in section 7103(a)
of title 5) whom the Secretary, an administrative judge, the
Merit Systems Protection Board, the Office of Special
Counsel, an adjudicating body provided under a union
contract, a Federal judge, or the Inspector General of the
Department determines committed a prohibited personnel action
described in subsection (c):
``(A) With respect to the first offense, an adverse action
that is not less than a 12-day suspension and not more than
removal.
``(B) With respect to the second offense, removal.
``(2)(A) An employee against whom an adverse action under
paragraph (1) is proposed is entitled to written notice.
``(B)(i) An employee who is notified under subparagraph (A)
of being the subject of a proposed adverse action under
paragraph (1) is entitled to 14 days following such
notification to answer and furnish evidence in support of the
answer.
``(ii) If the employee does not furnish any such evidence
as described in clause (i) or if the Secretary determines
that such evidence is not sufficient to reverse the
determination to propose the adverse action, the Secretary
shall carry out the adverse action following such 14-day
period.
``(C) Paragraphs (1) and (2) of subsection (b) of section
7513 of title 5, subsection (c) of such section, paragraphs
(1) and (2) of subsection (b) of section 7543 of such title,
and subsection (c) of such section shall not apply with
respect to an adverse action carried out under paragraph (1).
``(b) Limitation on Other Adverse Actions.--With respect to
a prohibited personnel action described in subsection (c), if
the Secretary carries out an adverse action against a
supervisory employee, the Secretary may carry out an
additional adverse action under this section based on the
same prohibited personnel action if the total severity of the
adverse actions do not exceed the level specified in
subsection (a).
``(c) Prohibited Personnel Action Described.--A prohibited
personnel action described in this subsection is any of the
following actions:
``(1) Taking or failing to take a personnel action in
violation of section 2302 of title 5 against an employee
relating to the employee--
``(A) filing a whistleblower complaint in accordance with
section 732 of this title;
``(B) filing a whistleblower complaint with the Inspector
General of the Department, the Special Counsel, or Congress;
``(C) providing information or participating as a witness
in an investigation of a whistleblower complaint in
accordance with section 732 or with the Inspector General of
the Department, the Special Counsel, or Congress;
``(D) participating in an audit or investigation by the
Comptroller General of the United States;
``(E) refusing to perform an action that is unlawful or
prohibited by the Department; or
``(F) engaging in communications that are related to the
duties of the position or are otherwise protected.
``(2) Preventing or restricting an employee from making an
action described in any of subparagraphs (A) through (F) of
paragraph (1).
``(3) Conducting a negative peer review or opening a
retaliatory investigation because of an activity of an
employee that is protected by section 2302 of title 5.
``(4) Requesting a contractor to carry out an action that
is prohibited by section 4705(b) or section 4712(a)(1) of
title 41, as the case may be.
``Sec. 734. Evaluation criteria of supervisors and treatment
of bonuses
``(a) Evaluation Criteria.--(1) In evaluating the
performance of supervisors of the Department, the Secretary
shall include the criteria described in paragraph (2).
``(2) The criteria described in this subsection are the
following:
``(A) Whether the supervisor treats whistleblower
complaints in accordance with section 732 of this title.
``(B) Whether the appropriate deciding official,
performance review board, or performance review committee
determines that the supervisor was found to have committed a
prohibited personnel action described in section 733(b) of
this title by an administrative judge, the Merit Systems
Protection Board, the Office of Special
[[Page H4075]]
Counsel, an adjudicating body provided under a union
contract, a Federal judge, or, in the case of a settlement of
a whistleblower complaint (regardless of whether any fault
was assigned under such settlement), the Secretary.
``(b) Bonuses.--(1) The Secretary may not pay to a
supervisor described in subsection (a)(2)(B) an award or
bonus under this title or title 5, including under chapter 45
or 53 of such title, during the one-year period beginning on
the date on which the determination was made under such
subsection.
``(2) Notwithstanding any other provision of law, the
Secretary shall issue an order directing a supervisor
described in subsection (a)(2)(B) to repay the amount of any
award or bonus paid under this title or title 5, including
under chapter 45 or 53 of such title, if--
``(A) such award or bonus was paid for performance during a
period in which the supervisor committed a prohibited
personnel action as determined pursuant to such subsection
(a)(2)(B);
``(B) the Secretary determines such repayment appropriate
pursuant to regulations prescribed by the Secretary to carry
out this section; and
``(C) the supervisor is afforded notice and an opportunity
for a hearing before making such repayment.
``Sec. 735. Training regarding whistleblower complaints
``(a) Training.--Not less frequently than once each year,
the Secretary, in coordination with the Whistleblower
Protection Ombudsman designated under section 3(d)(1)(C) of
the Inspector General Act of 1978 (5 U.S.C. App.), shall
provide to each employee of the Department training regarding
whistleblower complaints, including--
``(1) an explanation of each method established by law in
which an employee may file a whistleblower complaint;
``(2) an explanation of prohibited personnel actions
described by section 733(c) of this title;
``(3) with respect to supervisors, how to treat
whistleblower complaints in accordance with section 732 of
this title;
``(4) the right of the employee to petition Congress
regarding a whistleblower complaint in accordance with
section 7211 of title 5;
``(5) an explanation that the employee may not be
prosecuted or reprised against for disclosing information to
Congress, the Inspector General, or another investigatory
agency in instances where such disclosure is permitted by
law, including under sections 5701, 5705, and 7732 of this
title, under section 552a of title 5 (commonly referred to as
the Privacy Act), under chapter 93 of title 18, and pursuant
to regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (Public
Law 104-191);
``(6) an explanation of the language that is required to be
included in all nondisclosure policies, forms, and agreements
pursuant to section 115(a)(1) of the Whistleblower Protection
Enhancement Act of 2012 (5 U.S.C. 2302 note); and
``(7) the right of contractors to be protected from
reprisal for the disclosure of certain information under
section 4705 or 4712 of title 41.
``(b) Manner Training Is Provided.--The Secretary shall
ensure that training provided under subsection (a) is
provided in person.
``(c) Certification.--Not less frequently than once each
year, the Secretary shall provide training on merit system
protection in a manner that the Special Counsel certifies as
being satisfactory.
``(d) Publication.--(1) The Secretary shall publish on the
Internet website of the Department, and display prominently
at each facility of the Department, the rights of an employee
to file a whistleblower complaint, including the information
described in paragraphs (1) through (7) of subsection (a).
``(2) The Secretary shall publish on the Internet website
of the Department, the whistleblower complaint form described
in section 732(g)(2).
``Sec. 736. Reports to Congress
``(a) Annual Reports.--Not less frequently than once each
year, the Secretary shall submit to the appropriate
committees of Congress a report that includes--
``(1) with respect to whistleblower complaints filed under
section 732 of this title during the year covered by the
report--
``(A) the number of such complaints filed;
``(B) the disposition of such complaints; and
``(C) the ways in which the Secretary addressed such
complaints in which a positive determination was made by a
supervisor under subsection (b)(1) of such section;
``(2) the number of whistleblower complaints filed during
the year covered by the report that are not included under
paragraph (1), including--
``(A) the method in which such complaints were filed;
``(B) the disposition of such complaints; and
``(C) the ways in which the Secretary addressed such
complaints; and
``(3) with respect to disclosures made by a contractor
under section 4705 or 4712 of title 41--
``(A) the number of complaints relating to such disclosures
that were investigated by the Inspector General of the
Department of Veterans Affairs during the year covered by the
report;
``(B) the disposition of such complaints; and
``(C) the ways in which the Secretary addressed such
complaints.
``(b) Notice of Office of Special Counsel Determinations.--
Not later than 30 days after the date on which the Secretary
receives from the Special Counsel information relating to a
whistleblower complaint pursuant to section 1213 of title 5,
the Secretary shall notify the appropriate committees of
Congress of such information, including the determination
made by the Special Counsel.
``(c) Appropriate Committees of Congress.--In this section,
the term `appropriate committees of Congress' means--
``(1) the Committee on Veterans' Affairs and the Committee
on Homeland Security and Governmental Affairs of the Senate;
and
``(2) the Committee on Veterans' Affairs and the Committee
on Oversight and Government Reform of the House of
Representatives.''.
(2) Conforming and Clerical Amendments.--
(A) Conforming amendment.--Such chapter is further amended
by inserting before section 701 the following:
``SUBCHAPTER I--GENERAL EMPLOYEE MATTERS''.
(B) Clerical amendments.--The table of sections at the
beginning of such chapter is amended--
(i) by inserting before the item relating to section 701
the following new item:
``subchapter i--general employee matters'';
and
(ii) by adding at the end the following new items:
``subchapter ii--whistleblower complaints
``731. Whistleblower complaint defined.
``732. Treatment of whistleblower complaints.
``733. Adverse actions against supervisory employees who commit
prohibited personnel actions relating to whistleblower
complaints.
``734. Evaluation criteria of supervisors and treatment of bonuses.
``735. Training regarding whistleblower complaints.
``736. Reports to Congress.''.
(b) Treatment of Congressional Testimony by Department of
Veterans Affairs Employees as Official Duty.--
(1) In general.--Subchapter I of chapter 7 of title 38,
United States Code, as designated by section 2(a)(2)(A), is
amended by adding at the end the following new section:
``Sec. 715. Congressional testimony by employees: treatment
as official duty
``(a) Congressional Testimony.--An employee of the
Department is performing official duty during the period with
respect to which the employee is testifying in an official
capacity in front of either chamber of Congress, a committee
of either chamber of Congress, or a joint or select committee
of Congress.
``(b) Travel Expenses.--The Secretary shall provide travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, to any employee of the Department of
Veterans Affairs performing official duty described under
subsection (a).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter, as amended by section 2(a)(2)(B),
is further amended by inserting after the item relating to
section 713 the following new item:
``715. Congressional testimony by employees: treatment as official
duty.''.
Sec. 248. (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.
[[Page H4076]]
(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.
Sec. 249. Section 322(d)(1) of title 38, United States
Code, is amended--
(1) by striking ``allowance to a veteran'' and inserting
the following: ``allowance to--
``(A) a veteran'';
(2) in subparagraph (A), as designated by paragraph (1), by
striking the period at the end and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(B) a veteran with a VA service-connected disability
rated as 30 percent or greater by the Department of Veterans
Affairs who is selected by the United States Olympic
Committee for the United States Olympic Team for any month in
which the veteran is competing in any event sanctioned by the
National Governing Bodies of the United States Olympic
Sports.''.
Sec. 250. (a) In General.--Section 111(b)(1) of title 38,
United States Code, is amended by adding at the end the
following new subparagraph:
``(G) A veteran with vision impairment, a veteran with a
spinal cord injury or disorder, or a veteran with double or
multiple amputations whose travel is in connection with care
provided through a special disabilities rehabilitation
program of the Department (including programs provided by
spinal cord injury centers, blind rehabilitation centers, and
prosthetics rehabilitation centers) if such care is
provided--
``(i) on an in-patient basis; or
``(ii) during a period in which the Secretary provides the
veteran with temporary lodging at a facility of the
Department to make such care more accessible to the
veteran.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the beneficiary travel program
under section 111 of title 38, United States Code, as amended
by subsection (a), that includes the following:
(1) The cost of the program.
(2) The number of veterans served by the program.
(3) Such other matters as the Secretary considers
appropriate.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on the first day of the first fiscal year
that begins after the date of the enactment of this Act.
Sec. 251. (a) In General.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall establish a program to conduct inspections of
kitchens and food service areas at each medical facility of
the Department of Veterans Affairs. Such inspections shall
occur not less frequently than annually. The program's goal
is to ensure that the same standards for kitchens and food
service areas at hospitals in the private sector are being
met at kitchens and food service areas at medical facilities
of the Department.
(b) Agreement.--
(1) In general.--The Secretary shall seek to enter into an
agreement with the Joint Commission on Accreditation of
Hospital Organizations under which the Joint Commission on
Accreditation of Hospital Organizations conducts the
inspections required under subsection (a).
(2) Alternate organization.--If the Secretary is unable to
enter into an agreement described in paragraph (1) with the
Joint Commission on Accreditation of Hospital Organizations
on terms acceptable to the Secretary, the Secretary shall
seek to enter into such an agreement with another appropriate
organization that--
(A) is not part of the Federal Government;
(B) operates as a not-for-profit entity; and
(C) has expertise and objectivity comparable to that of the
Joint Commission on Accreditation of Hospital Organizations.
(c) Remediation Plan.--
(1) Initial failure.--If a kitchen or food service area of
a medical facility of the Department is determined pursuant
to an inspection conducted under subsection (a) not to meet
the standards for kitchens and food service areas in
hospitals in the private sector, that medical facility fails
the inspection and the Secretary shall--
(A) implement a remediation plan for that medical facility
within 72 hours; and
(B) Conduct a second inspection under subsection (a) at
that medical facility within 14 days of the failed
inspection.
(2) Second failure.--If a medical facility of the
Department fails the second inspection conducted under
paragraph (1)(B), the Secretary shall close the kitchen or
food service area at that medical facility that did not meet
the standards for kitchens and food service areas in
hospitals in the private sector until full remediation is
completed and all kitchens and food service areas at that
medical facility meet such standards.
(3) Provision of food.--If a kitchen or food service area
is closed at a medical facility of the Department pursuant to
paragraph (2), the Director of the Veterans Integrated
Service Network in which the medical facility is located
shall enter into a contract with a vendor approved by the
General Services Administration to provide food at the
medical facility.
(d) Quarterly Reports.--Not less frequently than quarterly,
the Under Secretary of Health shall submit to Congress a
report on inspections conducted under this section, and their
detailed findings and actions taken, during the preceding
quarter at medical facilities of the Department.
Sec. 252. (a) In General.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall establish a program to conduct risk-based
inspections for mold and mold issues at each medical facility
of the Department of Veterans Affairs. Such facilities will
be rated high, medium, or low risk for mold. Such inspections
at facilities rated high risk shall occur not less frequently
than annually, and such inspections at facilities rated
medium or low risk shall occur not less frequently than
biennially.
(b) Agreement.--
(1) In general.--The Secretary shall seek to enter into an
agreement with the Joint Commission on Accreditation of
Hospital Organizations under which the Joint Commission on
Accreditation of Hospital Organizations conducts the
inspections required under subsection (a).
(2) Alternate organization.--If the Secretary is unable to
enter into an agreement described in paragraph (1) with the
Joint Commission on Accreditation of Hospital Organizations
on terms acceptable to the Secretary, the Secretary shall
seek to enter into such an agreement with another appropriate
organization that--
(A) is not part of the Federal Government;
(B) operates as a not-for-profit entity; and
(C) has expertise and objectivity comparable to that of the
Joint Commission on Accreditation of Hospital Organizations.
(c) Remediation Plan.--If a medical facility of the
Department is determined pursuant to an inspection conducted
under subsection (a) to have a mold issue, the Secretary
shall--
(1) implement a remediation plan for that medical facility
within 7 days; and
(2) Conduct a second inspection under subsection (a) at
that medical facility within 90 days of the initial
inspection.
(d) Quarterly Reports.--Not less frequently than quarterly,
the Under Secretary for Health shall submit to Congress a
report on inspections conducted under this section, and their
detailed findings and actions taken, during the preceding
quarter at medical facilities of the Department.
Sec. 253. Section 1706(b)(5)(A) of title 38, United States
Code, is amended, in the first sentence, by striking
``through 2008''.
Sec. 254. (a) The Secretary of Veterans Affairs may use
amounts appropriated or otherwise made available in this
title to ensure that the ratio of veterans to full-time
employment equivalents within any program of rehabilitation
conducted under chapter 31 of title 38, United States Code,
does not exceed 125 veterans to one full-time employment
equivalent.
(b) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report
on the programs of rehabilitation conducted under chapter 31
of title 38, United States Code, including--
(1) an assessment of the veteran-to-staff ratio for each
such program; and
(2) recommendations for such action as the Secretary
considers necessary to reduce the veteran-to-staff ratio for
each such program.
Sec. 255. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this
Act timely access to any records, documents, or other
materials available to the department or agency over which
that Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.), or to prevent
or impede that Inspector General's access to such records,
documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the
Inspector General and expressly limits the Inspector
General's right of access.
(b) A department or agency covered by this section shall
provide its Inspector General with access to all such
records, documents, and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with
statutory limitations on disclosure relevant to the
information provided by the establishment over which that
Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committees on Appropriations of the House of
Representatives and the Senate within 5 calendar days any
failures to comply with this requirement.
Sec. 256. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of
Veterans Affairs to enter into an agreement related to
resolving a dispute or claim with an individual that would
restrict in any way the individual from speaking to members
of Congress or their staff on any topic not otherwise
prohibited from disclosure by Federal law or required by
Executive Order to be kept secret in the interest of national
defense or the conduct of foreign affairs.
Sec. 257. Appropriations made available in this Act under
the heading ``Medical Services'' shall be available to carry
out sections 322(d) and 521A of title 38, United States Code,
to include the payment of the administrative expenses
necessary to carry out such sections. Of the amount
appropriated for fiscal year 2017, up to $2,000,000 shall be
available for the payment of monthly assistance allowances to
veterans pursuant to 38 U.S.C. 322(d) and up to $8,000,000
shall be available for the payment of grants pursuant to 38
U.S.C. 521A. Of the amounts appropriated in advance for
fiscal year 2018, up to $2,000,000 shall be available for the
payment of monthly assistance allowances to veterans pursuant
to 38 U.S.C. 322(d) and up to $8,000,000 shall be available
for the payment of grants pursuant to 38 U.S.C. 521A.
Sec. 258. (a) In fiscal year 2017 and each fiscal year
hereafter, beginning with the fiscal year 2018 budget request
submitted to Congress pursuant to section 1105(a) of title
31, United States Code, the budget justification documents
submitted for the ``Construction, Major Projects'' account of
the Department of Veterans Affairs shall include, at a
minimum, the information required under subsection (b).
[[Page H4077]]
(b) The budget justification documents submitted pursuant
to subsection (a) shall include, for each project--
(1) the estimated total cost of the project;
(2) the funding provided for each fiscal year prior to the
budget year;
(3) the amount requested for the budget year;
(4) the estimated funding required for the project for each
of the 4 fiscal years succeeding the budget year; and
(5) such additional information as is enumerated under the
heading relating to the ``Construction, Major Projects''
account of the Department of Veterans Affairs in the joint
explanatory statement accompanying this Act.
(c) Not later than 45 days after the date of enactment of
this Act, the Secretary of Veterans Affairs shall submit to
the Committees on Appropriations of both Houses of Congress a
proposed budget justification template that complies with the
requirements of this section.
Sec. 259. (a) The Secretary of Veterans Affairs may carry
out the following major medical facility projects, with each
project to be carried out in an amount not to exceed the
amount specified for that project:
(1) Seismic corrections to buildings, including
retrofitting and replacement of high-risk buildings, in San
Francisco, California, in an amount not to exceed
$180,480,000.
(2) Seismic corrections to facilities, including facilities
to support homeless veterans, at the medical center in West
Los Angeles, California, in an amount not to exceed
$105,500,000.
(3) Seismic corrections to the mental health and community
living center in Long Beach, California, in an amount not to
exceed $287,100,000.
(4) Construction of an outpatient clinic, administrative
space, cemetery, and columbarium in Alameda, California, in
an amount not to exceed $87,332,000.
(5) Realignment of medical facilities in Livermore,
California, in an amount not to exceed $194,430,000.
(6) Construction of a medical center in Louisville,
Kentucky, in an amount not to exceed $150,000,000.
(7) Construction of a replacement community living center
in Perry Point, Maryland, in an amount not to exceed
$92,700,000.
(8) Seismic corrections and other renovations to several
buildings and construction of a specialty care building in
American Lake, Washington, in an amount not to exceed
$16,260,000.
(b) There is authorized to be appropriated to the Secretary
of Veterans Affairs for fiscal year 2016 or the year in which
funds are appropriated for the Construction, Major Projects,
account, $1,113,802,000 for the projects authorized in
subsection (a).
(c) The projects authorized in subsection (a) may only be
carried out using--
(1) funds appropriated for fiscal year 2016 pursuant to the
authorization of appropriations in subsection (b);
(2) funds available for Construction, Major Projects, for a
fiscal year before fiscal year 2016 that remain available for
obligation;
(3) funds available for Construction, Major Projects, for a
fiscal year after fiscal year 2016 that remain available for
obligation;
(4) funds appropriated for Construction, Major Projects,
for fiscal year 2016 for a category of activity not specific
to a project;
(5) funds appropriated for Construction, Major Projects,
for a fiscal year before fiscal year 2016 for a category of
activity not specific to a project; and
(6) funds appropriated for Construction, Major Projects,
for a fiscal year after fiscal year 2016 for a category of
activity not specific to a project.
Sec. 260. (a) Notwithstanding any other provision of law,
the amounts appropriated or otherwise made available to the
Department of Veterans Affairs for the ``Medical Services''
account may be used to provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of
a covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such
term is defined in section 101 of title 38, United States
Code, who has a service-connected disability that results in
the inability of the veteran to procreate without the use of
fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of
title 10, United States Code, as described in the memorandum
on the subject of ``Policy for Assisted Reproductive Services
for the Benefit of Seriously or Severely Ill/Injured
(Category II or III) Active Duty Service Members'' issued by
the Assistant Secretary of Defense for Health Affairs on
April 3, 2012, and the guidance issued to implement such
policy, including any limitations on the amount of such
benefits available to such a member.
(4) The term ``adoption reimbursement'' means reimbursement
for the adoption-related expenses for an adoption that is
finalized after the date of the enactment of this Act under
the same terms as apply under the adoption reimbursement
program of the Department of Defense, as authorized in
Department of Defense Instruction 1341.09, including the
reimbursement limits and requirements set forth in such
instruction.
(c) Amounts made available for the purposes specified in
subsection (a) of this section are subject to the
requirements for funds contained in section 508 of division H
of the Consolidated Appropriations Act, 2016 (Public Law 114-
113).
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement basis
only) and hire of passenger motor vehicles; not to exceed
$7,500 for official reception and representation expenses;
and insurance of official motor vehicles in foreign
countries, when required by law of such countries,
$75,100,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$30,945,000: Provided, That $2,500,000 shall be available
for the purpose of providing financial assistance as
described, and in accordance with the process and reporting
procedures set forth, under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-
for-one basis only, and not to exceed $1,000 for official
reception and representation expenses, $70,800,000, of which
not to exceed $15,000,000 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
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction,
Army'', $18,900,000, to remain available until September 30,
2021, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $59,809,000, to remain available until
September 30, 2021, for projects outside of the United
States: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'' $88,291,000, to remain available until September 30,
2021, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
[[Page H4078]]
Military Construction, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $5,000,000, to remain available until
September 30, 2021, for projects outside of the United
States: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Administrative Provision
Sec. 401. Each amount designated in this Act by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985
shall be available only if the President subsequently so
designates all such amounts and transmits such designations
to the Congress.
TITLE V
GENERAL PROVISIONS
Sec. 501. 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. 502. 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. 503. 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. 504. 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. 505. 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. 506. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of
the United States House of Representatives.
Sec. 507. (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. 508. (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. 509. 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. 510. None of the funds made available in this Act may
be used to execute a contract for goods or services,
including construction services, where the contractor has not
complied with Executive Order No. 12989.
Sec. 511. None of the funds made available by this Act may
be used by the Department of Defense or the Department of
Veterans Affairs 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.
Sec. 512. (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 division may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2017''.
DIVISION B--ZIKA RESPONSE AND PREPAREDNESS
TITLE I
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
For an additional amount for fiscal year 2016 for ``CDC-
Wide Activities and Program Support'', $476,000,000, to
remain available until September 30, 2017, to prevent,
prepare for, and respond to Zika virus, health conditions
related to such virus, and other vector-borne diseases,
domestically and internationally: Provided, That products
purchased with these funds may, at the discretion of the
Secretary of Health and Human Services, be deposited in the
Strategic National Stockpile under section 319F-2 of the
Public Health Service (``PHS'') Act: Provided further, That
funds may be used for purchase and insurance of official
motor vehicles in foreign countries: Provided further, That
the provisions in section 317S of the PHS Act shall apply to
the use of funds appropriated in this paragraph as determined
by the Director of the Centers for Disease Control and
Prevention to be appropriate: Provided further, That funds
appropriated in this paragraph may be used for grants for the
construction, alteration, or renovation of non-federally
owned facilities to improve preparedness and response
capability at State and local laboratories: Provided
further, That of the amount appropriated in this paragraph,
$88,000,000 may be used to reimburse accounts administered by
the Centers for Disease Control and Prevention for
obligations incurred for Zika virus response prior to the
enactment of this Act: Provided further, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
National Institutes of Health
national institute of allergy and infectious diseases
(including transfer of funds)
For an additional amount for fiscal year 2016 for
``National Institute of Allergy and Infectious Diseases'',
$230,000,000, to remain available until September 30, 2017,
for research on the virology, natural history, and
pathogenesis of the Zika virus infection and preclinical and
clinical development of vaccines and other medical
countermeasures for the Zika virus and other vector-borne
diseases, domestically and internationally: Provided, That
such funds may be transferred by the Director of the National
Institutes of Health (``NIH'') to other accounts of the NIH
for the purposes provided in this paragraph: Provided
further, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Office of the Secretary
public health and social services emergency fund
(including transfer of funds)
For an additional amount for fiscal year 2016 for ``Public
Health and Social Services Emergency Fund'', $227,000,000, to
remain available until September 30, 2017, to prevent,
prepare for, and respond to Zika virus, health conditions
related to such virus, and other vector-borne diseases,
domestically and internationally; to develop necessary
countermeasures and vaccines, including the development and
purchase of vaccines, therapeutics, diagnostics, necessary
medical supplies, and administrative activities; for
additional payments for distribution as provided for under
the ``Social Services Block Grant Program''; and for carrying
out sections 330 through 336 and 338 of the PHS Act:
Provided, That funds appropriated in this paragraph may be
used to procure security countermeasures (as defined in
section 319F-2(c)(1)(B) of the PHS Act): Provided further,
That paragraphs (1) and (7)(C) of subsection (c) of section
319F-2 of the PHS Act, but no other provisions of such
section, shall apply to such security countermeasures
procured with funds appropriated in this paragraph: Provided
further, That products purchased with funds appropriated in
this paragraph may, at the discretion of the Secretary of
Health and Human Services, be deposited in the Strategic
National Stockpile under section 319F-2 of the PHS Act:
Provided further, That funds appropriated in this paragraph
may be transferred to the fund authorized by section 319F-4
of the PHS Act: Provided further, That of the funds
appropriated under this heading, $95,000,000 shall be
transferred to the ``Social Services Block Grant'' for health
services provided by public health departments, hospitals, or
reimbursed through public health plans, notwithstanding
section 2005(a)(4) of the Social Security Act, in States,
territories, or tribal lands with active or local
transmission cases of the Zika virus, as confirmed by the
Centers for Disease Control and Prevention, of which not less
than $80,000,000 shall be for territories with the highest
rates of Zika transmission: Provided further, That the
Secretary of Health and Human Services shall distribute funds
transferred to the ``Social Services Block Grant'' in this
paragraph in accordance with objective criteria that are made
available to the public: Provided further, That of the funds
appropriated under this heading, $40,000,000 shall be used to
expand the delivery of primary health services authorized by
section 330 of the PHS Act in Puerto Rico and other
territories: Provided further, That of the funds
appropriated under this heading, $6,000,000 shall, for
purposes of providing primary health services in areas
affected
[[Page H4079]]
by Zika virus or other vector-borne diseases, be used to
assign National Health Service Corps (NHSC) members to Puerto
Rico and other territories, notwithstanding the assignment
priorities and limitations in or under sections 333(a)(1)(D),
333(b), or 333A(a) of the PHS Act, and to make NHSC Loan
Repayment Program awards under section 338B of such Act:
Provided further, That for purposes of the previous proviso,
section 331(a)(3)(D) of the PHS Act shall be applied as if
the term ``primary health services'' included health services
regarding pediatric subspecialists: Provided further, That
such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
direct hires
Sec. 101. Funds appropriated by this title may be used by
the heads of the Department of Health and Human Services,
Department of State, and the United States Agency for
International Development to appoint, without regard to the
provisions of sections 3309 through 3319 of title 5 of the
United States Code, candidates needed for positions to
perform critical work relating to Zika response for which--
(1) public notice has been given; and
(2) the Secretary of Health and Human Services has
determined that such a public health threat exists.
transfer authorities
Sec. 102. Funds appropriated by this title may be
transferred to, and merged with, other appropriation accounts
under the headings ``Centers for Disease Control and
Prevention'', ``Public Health and Social Services Emergency
Fund'', and ``National Institutes of Health'' for the
purposes specified in this title following consultation with
the Office of Management and Budget: Provided, That the
Committees on Appropriations shall be notified 10 days in
advance of any such transfer: Provided further, That, upon a
determination that all or part of the funds transferred from
an appropriation are not necessary, such amounts may be
transferred back to that appropriation: Provided further,
That none of the funds made available by this title may be
transferred pursuant to the authority in section 205 of
division H of Public Law 114-113 or section 241(a) of the PHS
Act.
reporting requirements
Sec. 103. Not later than 30 days after enactment of this
Act, the Secretary of Health and Human Services shall provide
a detailed spend plan of anticipated uses of funds made
available in this title, including estimated personnel and
administrative costs, to the Committees on Appropriations:
Provided, That such plans shall be updated and submitted to
the Committees on Appropriations every 60 days until
September 30, 2017.
oversight
Sec. 104. Of the funds appropriated by this title under
the heading ``Public Health and Social Services Emergency
Fund'', up to--
(1) $500,000 shall be transferred to, and merged with,
funds made available under the heading ``Office of the
Secretary, Office of Inspector General'', and shall remain
available until expended, for oversight of activities
supported with funds appropriated by this title: Provided,
That the Secretary of Health and Human Services shall consult
with the Committees on Appropriations prior to obligating
such funds: Provided further, That the transfer authority
provided by this paragraph is in addition to any other
transfer authority provided by law; and
(2) $500,000 shall be made available to the Comptroller
General of the United States, and shall remain available
until expended, for oversight of activities supported with
funds appropriated by this title: Provided, That the
Comptroller General shall consult with the Committees on
Appropriations prior to obligating such funds.
TITLE II
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for fiscal year 2016 for
``Diplomatic and Consular Programs'', $14,594,000, to remain
available until September 30, 2017, for necessary expenses to
support response efforts related to the Zika virus, health
conditions related to such virus, and other vector-borne
diseases: Provided, That such funds may be made available
for medical evacuation costs of any other department or
agency of the United States under Chief of Mission authority,
and may be transferred to any other appropriation of such
department or agency for such costs: Provided further, That
such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
emergencies in the diplomatic and consular service
For an additional amount for fiscal year 2016 for
``Emergencies in the Diplomatic and Consular Service'',
$4,000,000, for necessary expenses to support response
efforts related to the Zika virus, health conditions related
to such virus, and other vector-borne diseases, to remain
available until September 30, 2017: Provided, That such
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
repatriation loans program account
For an additional amount for fiscal year 2016 for
``Repatriation Loans Program Account'' for the cost of direct
loans, $1,000,000, to support response efforts related to the
Zika virus, health conditions related to such virus, and
other vector-borne diseases, to remain available until
September 30, 2017: Provided, That such costs, including
costs of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided
further, That such funds are available to subsidize an
additional amount of gross obligations for the principal
amount of direct loans not to exceed $1,880,406: Provided
further, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for fiscal year 2016 for
``Operating Expenses'', $10,000,000, to remain available
until September 30, 2017, for necessary expenses to support
response efforts related to the Zika virus, health conditions
related to such virus, and other vector-borne diseases:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health programs
For an additional amount for fiscal year 2016 for ``Global
Health Programs'', $145,500,000, to remain available until
September 30, 2017, for necessary expenses to prevent,
prepare for, and respond to the Zika virus, health conditions
related to such virus, and other vector-borne diseases:
Provided, That funds appropriated under this heading shall be
made available for vector control activities, vaccines,
diagnostics, and vector control technologies: Provided
further, That funds appropriated under this heading may be
made available as contributions to the World Health
Organization, the United Nations Children's Fund, the Pan
American Health Organization, the International Atomic Energy
Agency, and the Food and Agriculture Organization: Provided
further, That funds made available under this heading shall
be subject to prior consultation with the Committees on
Appropriations: Provided further, That none of the funds
appropriated under this heading may be made available for the
Grand Challenges for Development program: Provided further,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
GENERAL PROVISIONS--THIS TITLE
transfer authorities
(including transfer of funds)
Sec. 201. (a) Funds appropriated by this title under the
headings ``Diplomatic and Consular Programs'', ``Emergencies
in the Diplomatic and Consular Service'', ``Repatriation
Loans Program Account'', and ``Operating Expenses'' may be
transferred to, and merged with, funds appropriated by this
title under such headings to carry out the purposes of this
title.
(b) The transfer authorities provided by this section are
in addition to any other transfer authority provided by law.
(c) Upon a determination that all or part of the funds
transferred pursuant to the authorities provided by this
section are not necessary for such purposes, such amounts may
be transferred back to such appropriations.
(d) No funds shall be transferred pursuant to this section
unless at least 5 days prior to making such transfer the
Secretary of State or the Administrator of the United States
Agency for International Development, as appropriate,
notifies the Committees on Appropriations in writing of the
details of any such transfer.
notification requirement
Sec. 202. Funds appropriated by this title shall only be
available for obligation if the Secretary of State or the
Administrator of the United States Agency for International
Development, as appropriate, notifies the Committees on
Appropriations in writing at least 15 days in advance of such
obligation.
consolidated reporting requirement
Sec. 203. Not later than 30 days after enactment of this
Act and prior to the initial obligation of funds made
available by this title, the Secretary of State and the
Administrator of the United States Agency for International
Development shall submit a consolidated report to the
Committees on Appropriations on the anticipated uses of such
funds on a country and project basis, including estimated
personnel and administrative costs: Provided, That such
report shall be updated and submitted to the Committees on
Appropriations every 60 days until September 30, 2017.
oversight
Sec. 204. Of the funds appropriated by this title, up to--
(1) $500,000 shall be transferred to, and merged with,
funds available under the heading ``United States Agency for
International Development, Funds Appropriated to the
President, Office of Inspector General'', and shall remain
available until expended, for oversight of activities
supported with funds appropriated by this title: Provided,
That the transfer authority provided by this paragraph is in
addition to any other transfer authority provided by law; and
(2) $500,000 shall be made available to the Comptroller
General of the United States, and shall remain available
until expended, for oversight of activities supported with
funds appropriated by this title: Provided, That the
Secretary of State and the Comptroller General, as
[[Page H4080]]
appropriate, shall consult with the Committees on
Appropriations prior to obligating such funds.
rescission
Sec. 205. Of the unobligated balances available under the
heading ``Operating Expenses'' in title IX of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
$10,000,000 are rescinded: Provided, That such amounts are
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
TITLE III
GENERAL PROVISIONS--THIS DIVISION
extension of authorities and provisions
Sec. 301. Unless otherwise provided for by this division,
the additional amounts appropriated pursuant to this division
are subject to the requirements for funds contained in the
Consolidated Appropriations Act, 2016 (Public Law 114-113).
personal service contractors
Sec. 302. Funds made available by this division may be
used to enter into contracts with individuals for the
provision of personal services (as described in section 104
of part 37 of title 48, Code of Federal Regulations (48 CFR
37.104)) to support the purposes of titles I and II of this
division, within the United States and abroad, subject to
prior consultation with, and the notification procedures of,
the Committees on Appropriations: Provided, That such
individuals may not be deemed employees of the United States
for the purpose of any law administered by the Office of
Personnel Management: Provided further, That the authority
made available pursuant to this section shall expire on
September 30, 2017.
designation retention
Sec. 303. Any amount appropriated by this division,
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 subsequently so
designated by the President, and transferred pursuant to
transfer authorities provided by this division shall retain
such designation.
effective date
Sec. 304. This division shall become effective immediately
upon enactment of this Act.
This division may be cited as the ``Zika Response and
Preparedness Appropriations Act, 2016''.
DIVISION C--ZIKA VECTOR CONTROL
SECTION 1. SHORT TITLE.
This division may be cited as the ``Zika Vector Control
Act''.
SEC. 2. MOSQUITO CONTROL WAIVER.
Notwithstanding section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342), during the 180 day period
following the date of enactment of this Act the Administrator
of the United States Environmental Protection Agency (or a
State, in the case of a permit program approved under
subsection (b)) shall not require a permit for a discharge
from the application by an entity authorized under State or
local law, such as a vector control district, of a pesticide
in compliance with all relevant requirements of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et
seq.) to control mosquitos or mosquito larvae for the
prevention or control of the Zika virus.
DIVISION D--RESCISSIONS OF FUNDS
Sec. 101. (a) Of the unobligated amounts made available
under section 1323(c)(1) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18043(c)(1)), $543,000,000 is
rescinded immediately upon enactment of this Act.
(b) Of the unobligated balances available in the
Nonrecurring expenses fund established in section 223 of
division G of Public Law 110-161 (42 U.S.C. 3514a) from any
fiscal year, $100,000,000 is rescinded immediately upon
enactment of this Act.
(c) Of the unobligated balances of appropriations made
available under the heading ``Bilateral Economic Assistance,
Funds Appropriated to the President, Economic Support Fund''
in title IX of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J of
Public Law 113-235), $107,000,000 is rescinded immediately
upon enactment of this Act: Provided, That such amounts are
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
And the House agree to the same.
Harold Rogers,
Tom Cole,
Kay Granger,
Charles W. Dent,
Jeff Fortenberry,
Thomas J. Rooney,
Martha Roby,
David G. Valadao,
Managers on the Part of the House.
Thad Cochran,
Mark Kirk,
Mitch McConnell,
Lisa Murkowski,
John Hoeven,
Susan Collins,
John Boozman,
Shelley Moore Capito,
Roy Blunt,
Lindsey Graham,
Managers on the Part of the Senate.
=========================== NOTE ===========================
June 22, 2016, on page H4080, the following appeared: SHELLEY
MOORE CAPITO, ROY BLUNT, Managers on the Part of the Senate.
The online version should be corrected to read: SHELLEY MOORE
CAPITO, ROY BLUNT, LINDSEY GRAHAM, Managers on the Part of the
Senate.
========================= END NOTE =========================
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate, and the amendment of the House to
the amendment of the Senate, 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, submit the following joint statement to the House
and Senate in explanation of the effect of the action agreed
upon by the managers and recommended in the accompanying
conference report.
This conference agreement includes the Military
Construction and Veterans Affairs and Related Agencies
Appropriations Act, 2017, the Zika Response and Preparedness
Appropriations Act, 2016, the Zika Vector Control Act, and a
division on rescissions of funds. H.R. 2577 was used as the
vehicle for the Senate amendment, which included the Senate-
passed versions of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2017
(S. 2844) and the Military Construction, Veterans Affairs,
and Related Agencies Appropriations Act, 2017 (S. 2806). The
Senate amendment also included appropriations relating to
Zika Response and Preparedness. The House amendment included
the House-passed text of the Military Construction and
Veterans Affairs and Related Agencies Appropriations Act,
2017 (H.R. 4974), the Zika Response Appropriations Act, 2016
(H.R. 5243), and the Zika Vector Control Act (H.R. 897).
Section 1 of the conference agreement is the short title of
the bill.
Section 2 of the conference agreement displays a table of
contents.
Section 3 of the conference agreement states that, unless
expressly provided otherwise, any reference to ``this Act''
contained in any division shall be treated as referring only
to the provisions of that division.
Section 4 provides a statement of appropriations.
Section 5 states that each amount designated by Congress as
an emergency requirement is contingent on the President so
designating all such emergency amounts and transmitting such
designations to Congress.
The conference agreement does not contain any congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined by clause 9 of rule XXI of the Rules of the House of
Representatives.
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
The following is an explanation of the effects of Division
A, which makes appropriations for Military Construction,
Veterans Affairs, and Related Agencies for fiscal year 2017.
Unless otherwise noted, reference to the House and Senate
reports are to House Report 114-497 and Senate Report 114-
237. The language set forth in House Report 114-497 and
Senate Report 114-237 should be complied with and carry the
same emphasis as the language included in the joint
explanatory statement, unless specifically addressed to the
contrary in this joint explanatory statement. While repeating
some report language for emphasis, this joint explanatory
statement does not intend to negate the language referred to
above unless expressly provided herein. In cases in which the
House or the Senate has directed the submission of a report,
such report is to be submitted to both Houses of Congress.
House or Senate reporting requirements with deadlines prior
to, or within 15 days after enactment of this Act shall be
submitted not later than 60 days after enactment of this Act.
All other reporting deadlines not specifically directed by
this joint explanatory statement are to be met.
TITLE I--DEPARTMENT OF DEFENSE
Bid Savings.--The conferees note that, given information
for cost variation notices required by 10 U.S.C. 2853, the
Department of Defense continues to have bid savings on
previously appropriated military construction projects.
Therefore, the agreement includes rescissions to the Army,
Air Force, and Defense-Wide construction accounts. The
Secretary of Defense is directed to continue to submit 1002
reports on military construction bid savings at the end of
each fiscal quarter to the Committees.
Missile Defense.-- The conferees remain committed to
rapidly implementing the European Phased Adaptive Approach
(EPAA). Construction of the first Aegis Ashore missile
defense site in Deveselu, Romania, is complete and the site
is operational. The Committees fully funded construction of
the second site at Redzikowo, Poland, in fiscal year 2016,
and expect the Missile Defense Agency to pursue an aggressive
construction schedule to bring this critical asset online.
Additionally, the conference agreement fully funds the
request for the first phase of the Long Range Discrimination
Radar at Clear, Alaska. This radar will dramatically improve
our ability to effectively target ballistic missile threats
to the homeland coming from the Pacific. As the missile
threat continues to evolve, the conferees remain strongly
supportive of the expeditionary deployment of a Terminal High
Altitude Area Defense battery on Guam. The conferees
encourage the Department of Defense to consider making this
deployment permanent and request the appropriate military
construction projects in support of this critical mission be
requested in future budget submissions.
Overseas Contingency Operations.--The conference agreement
includes House Title IV, Overseas Contingency Operations. The
Senate bill included funding for similar projects in Title I.
[[Page H4081]]
Emerging Security Threats in Europe.--The conferees are
aware that heightened tensions between Russia and Europe
following Russia's invasion of Ukraine in 2014 have increased
security threats to European nations, particularly in Eastern
Europe. In response to Russian aggression, the Administration
in 2014 announced the European Reassurance Initiative (ERI)
to enhance allied security by increasing the presence and
joint training activities of U.S. military forces in
Europe. The ERI includes a number of military construction
projects funded in both fiscal year 2015 and in this Act.
The conferees note that although ERI military construction
funding was originally intended to be a one-time only
investment, the evolving nature of the threat has prompted
the Department of Defense (DOD) to expand its plans for
investing in military construction to support the
continual presence of U.S. rotational military forces in
Europe, increased training activities with European
allies, and the prepositioning of Army combat-ready
equipment in Poland to support an armored brigade combat
team.
The conferees recognize the importance of providing
reassurance and security to the Nation's European allies, but
are concerned that DOD has not outlined a comprehensive plan
for military construction requirements to support the ERI.
Instead, the Committees have received ad hoc notifications of
proposed planning and design expenditures for projects in
support of the ERI, including a $200,000,000 facility for
prepositioning Army combat brigade equipment in Poland, and
nine ERI-related Air Force projects, primarily at U.S. Air
Force bases in Germany, estimated to cost a total of
$260,000,000.
Given the magnitude of the planned ERI military
construction investment thus far, the conferees direct the
Secretary of Defense to provide to the Committees on
Appropriations of both Houses of Congress (the Committees),
with submission of the fiscal year 2018 budget request, a
comprehensive plan for military construction requirements
associated with the European Reassurance Initiative through
the fiscal year 2018 Future Years Defense Program.
The conferees further direct the Comptroller General of the
United States to provide to the Committees, not later than
one year after the date of enactment of this Act, a report
evaluating the extent to which the Department of Defense has
developed a comprehensive force structure plan, including
military construction requirements, to meet emerging security
threats in Europe. The report shall include an assessment of
the extent to which the Department has:
(1) identified the near-term and long-term United States
military force requirements in Europe in support of the
European Reassurance Initiative;
(2) evaluated the posture, force structure, and military
construction options for meeting projected force
requirements;
(3) evaluated the long-term costs associated with the
posture, force structure, and military construction
requirements; and
(4) developed a Future Years Defense Program for force
structure costs associated with the European Reassurance
Initiative.
The report shall also include any other matters related to
security threats in Europe that the Comptroller General
determines are appropriate, and recommendations as warranted
for improvements to the Department's planning and analysis
methodology. The reports shall be provided in the appropriate
classified and unclassified formats.
Al Udeid Air Base Mold Contamination.--The conferees are
concerned about reports that airmen serving at Al Udeid Air
Base in Qatar were living in dangerously contaminated
barracks. On social media and later in the press, reports
detailed collapsing ceilings, contaminated water, and toxic
black mold found throughout the facility. The Committees have
raised concerns in the past about low levels of funding for
facility sustainment, restoration and modernization, and if
the black mold issues at Al Udeid were a result of a lack of
funding for maintenance, that is unacceptable. Also, the
conferees are aware that the Department of Defense Inspector
General released a report in September 2014 (DODIG-2014-121)
that identified 1,057 deficiencies and code violations ``that
could affect the health, safety, and well-being of
warfighters and their families'' stationed in Japan. Included
among the deficiencies were elevated levels of radon and
excessive mold growth. In light of the Inspector General
report and the reports from Al Udeid, the conferees direct
the Department to submit a report to the congressional
defense committees not later than 180 days after enactment of
this Act detailing global military housing and expeditionary
facilities locations with mold contamination, mitigation
strategies implemented or expected to be in place, and any
new construction standards designed to prevent mold
contamination.
MILITARY CONSTRUCTION, ARMY
The conference agreement provides $513,459,000 for Military
Construction, Army. Within this amount, the conference
agreement provides $98,159,000 for study, planning, design,
architect and engineer services, and host nation support.
Aging Army hangars for Combat Aviation Units.--The
conferees recognize that the Army's aging hangars housing
combat aviation units are structurally deficient and do not
meet the operational requirements of the Army's Combat
Aviation Brigades. A critical need exists for the Army to
modernize infrastructure associated with operational needs,
inclement weather, personnel changes, and unforeseen
circumstances. The conferees direct the Secretary of the Army
to submit a report to the congressional defense committees
not later than 90 days after the enactment of this Act
detailing the age and condition of the Army's Combat Aviation
Brigade aircraft maintenance hangars, a prioritization of
the most deficient infrastructure assets, and a plan to
modernize or replace those hangars, including the required
resources.
Air traffic control facilities.--The conferees are
concerned that many of the Army's air traffic control
facilities are unsafe, antiquated, and do not provide
adequate control, communications or observation abilities for
the current air traffic levels at certain locations. For
example, the current facility located at Fort Benning,
Georgia, will become wholly inadequate at the current pace of
operations and a replacement facility is necessary to ensure
air traffic services are available to support mission
readiness and deployment platforms and the military flying
community. The conferees are concerned that this could be a
problem throughout the Army enterprise with the recent
reductions to the Department of Defense's construction
accounts. Therefore, the Secretary of the Army is directed to
conduct a risk assessment on Army air traffic control
facilities throughout the Army enterprise and develop a plan
to update these facilities. This assessment shall be
submitted to the congressional defense committees not later
than 60 days after enactment of this Act.
Defense Laboratory Enterprise Facilities and
Infrastructure.--The conferees note that DOD investment in
Defense laboratories has been lacking, resulting in negative
impacts on the ability of the military to develop new
acquisition programs or perform cutting-edge research. At the
same time, the Nation's near-peer competitors are making
significant new investments in their research and development
capabilities as part of the effort to close the technology
gap with the U.S. military. Of additional concern, aging lab
infrastructure also creates a disincentive to attracting new
employees as DOD tries to rebuild its technical workforce.
One of the tools that Congress has provided to incentivize
DOD lab investment is the establishment of a higher threshold
for unspecified minor military construction (UMMC) for
laboratories to enable the services to keep up with a threat
that evolves faster than the normal planning process.
However, the conferees are concerned that the services are
not programming sufficient UMMC to take full advantage of the
laboratory revitalization initiative. For example, in fiscal
year 2016, the Army, which operates an extensive network of
DOD labs, did not allocate any unspecified minor military
construction funding for necessary laboratory revitalization
projects, and the request for UMMC in the Army has remained
flat at $25,000,000. Therefore, the conference agreement
provides an additional $10,000,000 to supplement unspecified
minor military construction, and the Army is encouraged to
pursue opportunities to use the additional funding for lab
revitalization.
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
The conference agreement provides $1,021,580,000 for
Military Construction, Navy and Marine Corps. Within this
amount, the conference agreement provides $88,230,000 for
study, planning, design, architect and engineer services.
Military Construction funding for the Navy and Marine
Corps.--Conferees are concerned about the need for the
construction of an F-35C aircraft maintenance hangar, a
communications complex and infrastructure upgrades, and an F-
35C aircraft parking apron for the Marine Corps' four F-35C
squadrons on the West Coast. This construction supports
Carrier Air Wing operations with the USS Carl Vinson as the
first F 35C compatible ship on the West Coast in support of
the Pacific Command Area of Responsibility. The Marine Corps
has identified these projects as its top priorities, critical
to the F-35C squadrons and the conferees support these
priorities.
Townsend Bombing Range.--Concerns still remain regarding
the Townsend Bombing Range and its effect on the local timber
industry. While the Navy and local stakeholders have started
a dialogue, an agreement has not yet been reached. The
conferees look forward to an agreement that meets the Navy's
training needs and protects local timber stakeholders.
Navy Unfunded Reprogramming Requirements.--The Committees
were recently informed that the Navy has been underestimating
the cost of major construction projects over the past several
years due to unrealistic cost assumptions and a flawed
construction cost formula. The Navy acknowledges that it has
been aware of this problem for some time but had taken no
action to remedy the deficiencies in its construction cost
estimating process or to notify the Committees in a timely
manner of the situation or its potential impact on the
execution of projects. As a result, the Navy is faced with a
large inventory of underfunded projects, and insufficient
unobligated balances from bid savings or cancelled projects
to cover the shortfall. Thus, a number of authorized projects
for which funds have been appropriated over the past several
years are at risk due to insufficient funds to award a
contract.
[[Page H4082]]
The conferees provide an additional $89,400,000 in this
Act, to address the Navy's highest priority urgent unfunded
reprogramming requirements as well as unanticipated emergency
construction requirements. However, the conferees are
concerned that this is just the tip of the iceberg, and
that additional underfunded projects for which no ready
source of reprogramming funds is available will emerge.
Therefore, the conferees direct the Secretary of the Navy
to reassess the sufficiency of the appropriation request
for all previously appropriated projects for which
contracts have not been awarded, and to provide to the
congressional defense committees, within 60 days of
enactment of this Act, (1) a detailed analysis of the
process and decisions that led to the underestimating of
construction costs, (2) the revised cost estimate, if
applicable, for any project that is estimated to be
underfunded due to unrealistic cost assumptions and/or a
flawed construction cost formula, (3) a plan of how the
Navy intends to address the shortfall within its own
resources, including the identification of any previously
appropriated projects that might have to be cancelled, and
(4) a description of the steps it is taking to remedy the
cost estimating process for future construction projects.
The conferees further direct the Secretary of Defense to
review the construction cost formulas used to develop
military construction appropriation requests by the Naval
Facilities Engineering Command and the U.S. Army Corps of
Engineers to assess the reliability of the formulas, and to
report to the congressional defense committees within 90 days
of enactment of this Act on its findings and any
recommendations to improve the fidelity of the construction
cost formulas.
All the services, including the Navy, have informed the
Committees for the past several years that construction costs
have been rising with the improving economy and the rebound
of the construction market, and that bid savings have been
subsequently decreasing. The conferees believe there is no
excuse for the Navy's inability to or failure to address this
problem, and fully expect a sound and justifiable cost
estimate for any military construction projects submitted in
the fiscal year 2018 and future budget requests.
MILITARY CONSTRUCTION, AIR FORCE
The conference agreement provides $1,491,058,000 for
Military Construction, Air Force. Within this amount, the
conference agreement provides $143,582,000 for study,
planning, design, architect and engineer services.
Additionally, the conference agreement rescinds $23,900,000
for three fiscal year 2014 projects in Saipan, Commonwealth
of the Northern Mariana Islands (CNMI), to support Air Force
training exercises and provide an emergency divert location.
The conferees are concerned that the Air Force has been
unable to reach a land use agreement with the Government of
the CNMI despite extensive negotiations, and no resolution to
the issue is imminent. Therefore, the funding is rescinded
without prejudice, and the Air Force is urged to resubmit the
projects once agreement on the location is finalized and the
projects can be executed.
Air Force Facility Security Requirements.--The conferees
are concerned with the Department's funding recommendation
for the Air Force's unspecified minor military construction
account. An additional $10,000,000 is provided to assist
installations in the continental U.S. with significant
facility entry and exit point concerns. Priority should be
given to installations with access control points that
present safety, security and traffic hazards.
Air Force Ballistic Missile Facilities.--The conferees are
aware that ground-based intercontinental ballistic missile
(ICBM) facilities at the Nation's three ICBM bases in
Montana, North Dakota, and Wyoming are aging and in urgent
need of replacement. At a time of increased global tensions
among nuclear-capable nations, it is imperative to replace
crumbling and outdated ICBM infrastructure at U.S.
installations with state-of-the-art nuclear deterrence
facilities. Key to this effort is the replacement of the
Cuban missile crisis-era Weapons Storage Facilities and
Missile Alert Facilities at each of the ICBM bases. The
conferees understand that the Air Force has developed a
funding roadmap to replace the Weapons Storage Facilities
(WSFs) at each ICBM base but are concerned that the current
timeline for implementation of the roadmap is not
sufficiently aggressive in light of the urgency of upgrading
these facilities to meet current threat conditions. Given the
failing condition of the current WSFs and the importance of
the ground-based ICBM capability to the Nation's nuclear
deterrence, the conferees urge the Air Force to prioritize
and accelerate the replacement of the WSFs as well as the
Nuclear Alert Facilities at ICBM bases. The conferees
reiterate the directive in Senate Report 114-237 for the
Secretary of the Air Force to undertake an analysis of the
cost of maintaining the existing Missile Alert Facilities at
the Nation's ICBM bases and to provide a report to the
Committees within 90 days of enactment of this Act on the
findings of the analysis and a projected cost and timeline
for replacing the Weapons Alert Facilities at each of these
bases. The conferees also direct the Secretary of Defense to
assess the feasibility of using Defense Access Road funding
and other sources of funding to build alternate routes for
military equipment traveling on public roads to missile
launch facilities, taking into consideration the proximity of
local populations, security risks, safety, and weather, and
to provide a report to the Committees within one year of
enactment of this Act.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $2,025,444,000 for
Military Construction, Defense-Wide. Within this amount, the
conference agreement provides $180,775,000 for study,
planning, design, architect and engineer services. Within
this amount, an additional $15,000,000 is provided for
Missile Defense Agency planning and design. The additional
funding is to expedite the construction and deployment of
urgently needed missile defense assets in various locations
within the continental United States, including Alaska and
Hawaii.
Pentagon Metro entrance facility.--The conference agreement
includes funding for the Pentagon Metro entrance facility
project as requested in the budget submission. The conferees
remain concerned that this facility needs to be constructed
in a manner that will further enhance the physical access and
perimeter defense of the building in accordance with the
Integrated Pentagon Security Master Plan and the Pentagon
Century Review. Given that the design is only at 10 percent
at this point, the conferees direct the Secretary of Defense
to report to the congressional defense committees quarterly
on the progress of the planning and design and any major
construction changes to the current project's 1391.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
The conference agreement provides $232,930,000 for Military
Construction, Army National Guard. Within this amount, the
conference agreement provides $8,729,000 for study, planning,
design, architect and engineer services.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
The conference agreement provides $143,957,000 for Military
Construction, Air National Guard. Within this amount, the
conference agreement provides $10,462,000 for study,
planning, design, architect and engineer services.
MILITARY CONSTRUCTION, ARMY RESERVE
The conference agreement provides $68,230,000 for Military
Construction, Army Reserve. Within this amount, the
conference agreement provides $7,500,000 for study, planning,
design, architect and engineer services.
MILITARY CONSTRUCTION, NAVY RESERVE
The conference agreement provides $38,597,000 for Military
Construction, Navy Reserve. Within this amount, the
conference agreement provides $3,783,000 for study, planning,
design, architect and engineer services.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
The conference agreement provides $188,950,000 for Military
Construction, Air Force Reserve. Within this amount, the
conference agreement provides $4,500,000 for study, planning,
design, architect and engineer services.
NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
The conference agreement provides $177,932,000 for the
North Atlantic Treaty Organization Security Investment
Program.
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
The conference agreement provides $240,237,000 for the
Department of Defense Base Closure Account, which is
$35,000,000 above the request. The additional funding is for
the Army and the Navy to accelerate environmental remediation
at installations closed under previous Base Realignment and
Closure (BRAC) rounds.
Accelerated cleanup.--The conferees recognize that many
factors hinder the cleanup of BRAC sites. However, the
conferees believe that strategic investments can lead to
quicker clean-ups and faster turnover of DOD property to the
local community. Therefore, the conferees direct the
Secretary of Defense to submit to the congressional defense
committees a spend plan for the additional BRAC funds not
later than 15 days after enactment of this Act.
Family Housing Overview
Homeowners Assistance Program--Delayed Expression or
Delayed Identification of Injured Beneficiaries.--As the
Executive Agent for the Homeowners Assistance Program (HAP)
across the Department of Defense, the Army mistakenly
administered approximately 76 applicants whose injuries were
incurred during a military deployment, while they owned a
home, and experienced delayed expression or delayed
identification of the injury. The applicants were paid in
good faith and in accordance with guidance from Congress and
the Department of Defense to err in favor of wounded, ill,
and injured HAP applicants. If these beneficiaries had
suffered from an obvious physical injury--which the HAP
statute envisioned--their injury would have been clearly
documented at the time they owned their home, and they would
have qualified for HAP benefits. Therefore, no funds from
this Act shall be used to collect overpayments for any
wounded, ill, or injured HAP beneficiary with delayed
expression or delayed identification, or send notice letters,
while the Department further develops permanent legislative
solutions with Congress.
FAMILY HOUSING CONSTRUCTION, ARMY
The conference agreement provides $157,172,000 for Family
Housing Construction, Army.
[[Page H4083]]
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY
The conference agreement provides $325,995,000 for Family
Housing Operation and Maintenance, Army.
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS
The conference agreement provides $94,011,000 for Family
Housing Construction, Navy and Marine Corps.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS
The conference agreement provides $300,915,000 for Family
Housing Operation and Maintenance, Navy and Marine Corps.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
The conference agreement provides $61,352,000 for Family
Housing Construction, Air Force.
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE
The conference agreement provides $274,429,000 for Family
Housing Operation and Maintenance, Air Force.
FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE
The conference agreement provides $59,157,000 for Family
Housing Operation and Maintenance, Defense-Wide.
DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND
The conference agreement provides $3,258,000 for the
Department of Defense Family Housing Improvement Fund.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
The conference agreement includes section 101 limiting the
use of funds under a cost-plus-a-fixed-fee contract.
The conference agreement includes section 102 allowing the
use of construction funds in this title for hire of passenger
motor vehicles.
The conference agreement includes section 103 allowing the
use of construction funds in this title for advances to the
Federal Highway Administration for the construction of access
roads.
The conference agreement includes section 104 prohibiting
construction of new bases in the United States without a
specific appropriation.
The conference agreement includes section 105 limiting the
use of funds for the purchase of land or land easements that
exceed 100 percent of the value.
The conference agreement includes section 106 prohibiting
the use of funds, except funds appropriated in this title for
that purpose, for family housing.
The conference agreement includes section 107 limiting the
use of minor construction funds to transfer or relocate
activities.
The conference agreement includes section 108 prohibiting
the procurement of steel unless American producers,
fabricators, and manufacturers have been allowed to compete.
The conference agreement includes section 109 prohibiting
the use of construction or family housing funds to pay real
property taxes in any foreign nation.
The conference agreement includes section 110 prohibiting
the use of funds to initiate a new installation overseas
without prior notification.
The conference agreement includes section 111 establishing
a preference for American architectural and engineering
services for overseas projects.
The conference agreement includes section 112 establishing
a preference for American contractors in United States
territories and possessions in the Pacific and on Kwajalein
Atoll and in countries bordering the Arabian Gulf.
The conference agreement includes section 113 requiring
congressional notification of military exercises when
construction costs exceed $100,000.
The conference agreement includes section 114 allowing
funds appropriated in prior years for new projects authorized
during the current session of Congress.
The conference agreement includes section 115 allowing the
use of expired or lapsed funds to pay the cost of supervision
for any project being completed with lapsed funds.
The conference agreement includes section 116 allowing
military construction funds to be available for five years.
The conference agreement includes section 117 allowing the
transfer of funds from Family Housing Construction accounts
to the Family Housing Improvement Program.
The conference agreement includes section 118 allowing
transfers to the Homeowners Assistance Fund.
The conference agreement includes section 119 limiting the
source of operation and maintenance funds for flag and
general officer quarters and allowing for notification by
electronic medium.
The conference agreement includes section 120 extending the
availability of funds in the Ford Island Improvement Account.
The conference agreement includes section 121 allowing the
transfer of expired funds to the Foreign Currency
Fluctuations, Construction, Defense account.
The conference agreement includes section 122 restricting
the obligation of funds for relocating an Army unit that
performs a testing mission.
The conference agreement includes section 123 allowing for
the reprogramming of construction funds among projects and
activities subject to certain criteria.
The conference agreement includes section 124 prohibiting
the obligation or expenditure of funds provided to the
Department of Defense for military construction for projects
at Arlington National Cemetery.
The conference agreement includes section 125 providing
additional funds for various Military Construction accounts.
The conference agreement includes section 126 providing
additional funds for Military Construction, Navy and Marine
Corps.
The conference agreement includes section 127 rescinding
funds from prior Appropriations Acts from various accounts.
The conference agreement includes section 128 rescinding
unobligated balances from the fund established by Sec.
1013(d) of 42 U.S.C. 3374.
The conference agreement includes section 129 defining the
congressional defense committees.
The conference agreement includes section 130 prohibiting
the use of funds in this Act to close or realign Naval
Station Guantanamo Bay, Cuba. The provision is intended to
prevent the closure or realignment of the installation out of
the possession of the United States, and maintain the Naval
Station's long-standing regional security and migrant
operations missions.
The conference agreement includes section 131 restricting
funds in this Act to be used to consolidate or relocate any
element of Air Force Rapid Engineer Deployable Heavy
Operational Repair Squadron Engineer until certain conditions
are met.
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TITLE II--DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration--Compensation and Pensions
(including transfer of funds)
The conference agreement provides $90,119,449,000 for
Compensation and Pensions in advance for fiscal year 2018. Of
the amount provided, not more than $17,224,000 is to be
transferred to General Operating Expenses, Veterans Benefits
Administration (VBA) and Information Technology Systems for
reimbursement of necessary expenses in implementing
provisions of title 38.
readjustment benefits
The conference agreement provides $13,708,648,000 for
Readjustment Benefits in advance for fiscal year 2018.
veterans insurance and indemnities
The conference agreement provides $107,899,000 for Veterans
Insurance and Indemnities in advance for fiscal year 2018, as
well as an additional $16,605,000 for fiscal year 2017.
veterans housing benefit program fund
The conference agreement provides such sums as may be
necessary for costs associated with direct and guaranteed
loans for the Veterans Housing Benefit Program Fund. The
agreement limits obligations for direct loans to not more
than $500,000 and provides that $198,856,000 shall be
available for administrative expenses.
vocational rehabilitation loans program account
The conference agreement provides $36,000 for the cost of
direct loans from the Vocational Rehabilitation Loans Program
Account, plus $389,000 to be paid to the appropriation for
General Operating Expenses, Veterans Benefits Administration.
The agreement provides for a direct loan limitation of
$2,517,000.
native american veteran housing loan program account
The conference agreement provides $1,163,000 for
administrative expenses of the Native American Veteran
Housing Loan Program Account.
general operating expenses, veterans benefits administration
The conference agreement provides $2,856,160,000 for
General Operating Expenses, Veterans Benefits Administration
and makes available not to exceed 5 percent of this funding
until the end of fiscal year 2018. The full request for the
Veterans Benefits Management System is provided in the
agreement, which includes $37,356,000 from this account and
$143,000,000 from the Information Technology Systems account.
The agreement also includes the full budget request of
$26,695,000 for the centralized mail initiative and
$152,924,000 for the Veterans Claim Intake Program (VCIP),
which is $10,000,000 above the request.
The placement of the General Operating Expenses, Veterans
Benefits Administration account in the bill has been moved
from Departmental Administration to Veterans Benefits
Administration to align the administrative expenses of VBA
with its program activities.
Disability claims backlog.--The conferees commend the
Department of Veterans Affairs (VA) on its efforts to reduce
the disability claims backlog and increase the accuracy of
claims decisions, and is committed to ensuring that VA
maintains its goal of processing all claims within 125 days
with 98 percent accuracy. The Committees are also committed
to ensuring there is not a recurrence of any sizeable backlog
or a reduction in accuracy and will continue to assert their
oversight by monitoring on a monthly and quarterly basis each
regional office's timeliness and accuracy performance
measures.
The conference agreement includes section 228 which
requires VBA to submit a quarterly report with the following
data from each VBA 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; (7) the number and results of Quality Review Team
audits; (8) the number of claims completed by each regional
office based on the regional office being the station of
jurisdiction; and (9) the number of claims completed by
each regional office based on the regional office being
the station of origin.
Regional office performance.--The conferees have been
disturbed by repeated reports of manipulation of records and
benefit data at several VBA regional offices, as well as
irregular personnel practices that have jeopardized sound
management of the regional offices. The conferees urge VA to
monitor regional office performance to make certain that
personnel and claims management activities remain fully
transparent and comply with overall VA regulations and
handbooks.
Equitable relief.--The conferees urge the Secretary to
continue to grant or extend equitable relief to eligible
veterans initially deemed eligible in instances of
administrative error.
Service satisfaction rates among women veterans.--The
conferees direct VA to provide to the Committees not later
than the beginning of fiscal year 2017 an analysis of trends
and satisfaction rates among women veterans participating in
the Vocational Rehabilitation and Employment program to
ensure these services are adapting to the changing
demographics of veterans and the needs of women veterans with
disabilities.
Disability benefits questionnaires.--The conferees expect
VA to meet with Members of Congress to explain their plans to
develop additional disability benefits questionnaires (DBQs)
for chronic multi-system illnesses experienced by veterans
for which DBQs do not exist. Moreover, the conferees urge the
Department to make permanent the period for filing Gulf War
presumptive claims under 38 CFR 3.317.
Veterans Health Administration--Medical Services
The conference agreement provides $44,886,554,000 in
advance for fiscal year 2018 for Medical Services and makes
$1,400,000,000 of the advance available through fiscal year
2019. The agreement also provides $1,078,993,000 for fiscal
year 2017 in addition to the advance appropriation provided
last year. The fiscal year 2018 advance funding for medical
services is $6,786,446,000 lower than the fiscal year 2017
advance because of Department projections that increased
amounts of medical care will be provided through the Medical
Community Care account.
Given that there may be significant unfunded liabilities
created by the winding down of the Choice Act, the conference
agreement includes bill language in section 232 permitting
the transfer of funding from multiple VA appropriations
accounts to Medical Services to address unfunded needs.
The conference agreement includes bill language requiring
the Secretary to ensure that sufficient amounts are available
for the acquisition of prosthetics designed specifically for
female veterans and to provide access to therapeutic
listening devices to veterans with mental health or substance
abuse problems or traumatic brain injury.
Curing Hepatitis C within the veteran population.--The
Department is to be commended for robustly treating veterans
with Hepatitis C (HCV), which is a particular concern because
the veteran population is twice as likely to have the virus
as the general population. Available HCV drugs have a cure
rate of 96 percent, and early, preventative treatments avoid
tens of thousands of dollars in future healthcare spending.
To that end, the agreement includes funding for the treatment
of Hepatitis C of $1,500,000,000 in fiscal year 2017, which
is $840,000,000 above the President's request. The conferees
understand that because of an uneven start to the Hepatitis C
campaign due to funding interruptions, VA projects there will
be a carryover of fiscal year 2016 funding that will increase
the resources available in fiscal year 2017. The conferees
are pleased that recent price reductions in the new Hepatitis
C drugs will allow VA to treat patients faster and reach
their target goal of treating all veterans with Hepatitis C
years earlier than projected.
The conferees encourage VA to work to remove any barriers
to timely screening and treatment for veterans with Hepatitis
C, including maximizing the use of rapid testing techniques.
Rapid testing can be especially helpful in reaching veterans
who are medically underserved or who live long distances from
VA facilities.
To assist in congressional oversight, VA is directed to
continue to report to the Committees in quarterly briefings
the number of veterans treated to date, the number of
veterans treated each week, the number of veterans pronounced
cured to date, the projected number of new cases, and the
estimate of veterans likely to be cured during the next
quarter. VA is also directed to report quarterly to the
Committees obligations for funding Hepatitis C treatments as
part of the larger crosscutting VA quarterly financial report
required in section 218.
Program priorities.--The conference agreement provides the
following fiscal year 2017 funding for these high priority
areas: $243,483,000 for readjustment counseling at Vet
Centers; $535,400,000 for gender-specific healthcare, which
is $20,000,000 higher than the administration request;
$734,628,000 for the caregivers program, which is $10,000,000
above the request; $257,477,000 for the homeless grant and
per diem program, which is $10,000,000 above the request; and
$320,000,000 for the homeless supportive services for low
income veterans and families, which is $20,000,000 above the
request.
Rural healthcare.--The conference agreement includes the
full budget request of $250,000,000 for the Office of Rural
Health (ORH) and the Rural Health Initiative. In addition to
any directives contained in the House and Senate reports, the
conferees direct that ORH coordinate directly with the
Readjustment Counseling Service to develop and implement a
strategy to expand the capacity of Vet Centers in order to
ensure that the readjustment and psychological counseling
needs of veterans in rural and highly rural communities are
met. The conferees also direct VA to identify ways to obtain
more accurate data on homeless and at-risk veterans in
rural areas, as instructed in the Senate report. The
conference agreement includes a one-year extension through
fiscal year 2017 of the Access Received Closer to Home
(ARCH) program, which provides care to veterans in areas
without extensive access to VA health facilities. This
extension is necessary to maintain veterans' access to
healthcare during the transition as VA moves to
consolidate its non-VA healthcare programs. The conferees
encourage VA to expand its use of telehealth for rural
areas
[[Page H4097]]
since the technique has proven particularly helpful in
mental health and primary care health delivery.
Mental health.--The conference agreement provides the full
budget request for all VA mental health services and
programs, with additional resources within Medical Services
provided for the Veterans Crisis Line and the National
Centers for Posttraumatic Stress Disorder. The conference
agreement includes $40,000,000 for the National Centers and
$78,572,000 for the Veterans Crisis Line. Overall, the
agreement includes $173,005,000 for suicide prevention
outreach. The conference agreement includes bill language in
section 238 similar to that contained in the House bill that
requires certain professional standards for the suicide
hotline.
Opioid safety.--To respond to the urgency of the opioid
overdose epidemic, the Department is directed to continue to
comply with the guidance included in the fiscal year 2016
conference report under the paragraph ``Opioid Safety.'' VA
is also directed to make public the findings of the Office of
Accountability Review investigation into accusations of
widespread retaliation against whistleblowers at the Tomah VA
Medical Center as well as the outside clinical review. The
Department is encouraged to utilize the full spectrum of
treatment options for dealing with opioid addiction and
expand the use of medication-assisted treatment and other
clinically appropriate services to achieve and maintain
abstinence from all opioids. The conferees believe it is
important for the Department to report necessary information
to State-run prescription drug monitoring programs as this
will ensure VA providers have the tools they need to better
identify at-risk veterans.
The conferees are aware that only 14 States require their
physicians to take pain management education credits. The
conferees urge VA to ensure that healthcare providers learn
the latest pain management techniques, understand safe
prescribing practices, and be able to spot the signs of
potential substance use disorders. The conferees believe that
comprehensive training in the proper use of pain management
medications is a vital step in combating the opioid problem.
Choice Program delays.--VA data indicate that the number of
veterans waiting more than 30 days for an appointment is
actually higher now than when the Veterans Choice Program was
initiated. The conferees are concerned that this well-
intentioned program was cobbled together quickly given the
time constraints, which has contributed to delays. Further,
an often-cited problem with the Choice Program is the lack of
clear communications regarding the eligibility requirements
of the program to both veterans and non-VA providers. The
conferees believe that understanding the obstacles to
efficient scheduling of appointments of veterans and swift
reimbursement for providers would serve as crucial first
steps in resolving some of these issues. The conferees urge
VA and its third party providers to address the delays and
the communication errors plaguing implementation of the
Choice Program.
Nursing authority.--The conferees recognize that VA has
recently published a proposed rule indicating that it is
considering the issue of granting full practice authority to
some or all of the four advanced practice nursing
disciplines. The proposed rule indicates that decision will
be reflected in the final rule, after consideration of all
the public comments received. In addition, the Under
Secretary for Health has testified that he plans to consider
as an important variable whether there are significant
shortages of the affiliated physician specialties throughout
the VA system, which would validate the need for full
practice authority for those advanced practice nurse
specialties. The conferees urge VA to carefully and
thoughtfully seek additional input from internal and external
stakeholders prior to publishing the final rule. The
conferees encourage VA to make all possible outreach efforts
to communicate the changes contained in the proposed rule,
gather public comments, and collaborate with Congress,
affected stakeholders, VA physician and nursing staffs, and
external organizations.
National Veteran Sports Programs.--The conference agreement
includes $9,005,000, which is the budget request for the
Office of the National Veterans Sports Programs and Special
Events. The conferees concur with the movement of this office
to the Veterans Health Administration (VHA), and the
agreement includes necessary bill language in section 257 to
permit VHA to carry out the Office's activities.
Patient consults.--The conferees direct VA to report not
later than 30 days after the beginning of fiscal year 2017 on
specific quality controls that have been implemented to
ensure that patient consults are handled in a timely manner.
Collaboration with historically black health professions
schools.--As described in the House and Senate reports, the
conferees urge VA to increase its collaboration with the
larger, urban hospitals with historically black health
professions schools. The Secretary is directed, as in
previous conference reports, to convene a symposium where
minority collaboration concerns are discussed and addressed.
Leveraging private sector programs.--The conferees
encourage VA to integrate into VA settings private sector
programs that adapt information technologies and data
interoperability capabilities to better coordinate healthcare
services for veterans, as described in the House report.
Medical residency positions.--The conferees note that, to
date, the Department has not submitted to the Committees a
report that was directed in the explanatory statement
accompanying Public Law 114-113 detailing current
coordination with the Direct Graduate Medical Education
Program, limitations that may restrict VA's program and
ability to expand to underserved areas, and a plan to more
effectively carry out VA's graduate medical education program
within constraints that exist in the Direct Graduate Medical
Education program. The conferees understand that the
Department is reviewing comments provided by the Department
of Health and Human Services' Center for Medicare and
Medicaid Services and direct VA to move as expeditiously as
possible in its review and submit the report to the
Committees. Further, the conferees direct that VA provide an
update to the Committees not later than 15 days after
enactment of this Act on the status of this report and a
timeline for submission.
Rehabilitation equipment.--The conferees are aware that the
Department currently purchases or reimburses veterans for
recumbent bicycles or hand cycles used for rehabilitative
purposes only and does not cover the cost of upright
bicycles. Given the many veterans in physical or mental
rehabilitation programs who are able to use upright bicycles,
the conferees urge the Department to make upright bicycles
eligible for reimbursement to qualifying veterans. In
addition, the conferees direct the Department to submit to
the Committees on Appropriations of both Houses of Congress
(hereafter ``the Committees'') a report not later than the
beginning of fiscal year 2017 outlining the steps needed to
be taken to make upright bicycles eligible for reimbursement.
medical community care
The conference agreement provides $7,246,181,000 for
Medical Community Care, the account created in the Surface
Transportation and Veterans Health Care Choice Improvement
Act to consolidate all the VA programs that provide care
for veterans in the community from non-VA providers.
Section 217 of the conference agreement rescinds an
identical amount from the Medical Services account. The
agreement also provides $9,409,118,000 in advance fiscal
year 2018 funding for this account. Of the fiscal year
2017 funding, $2,000,000,000 is made available until the
end of fiscal year 2020; of the fiscal year 2018 funding,
$1,500,000,000 is available until the end of fiscal year
2021.
Extended availability of funding.--The conferees are aware
the Department books obligations for non-VA care upon a
veteran receiving authorization to obtain medical care
outside of the Veterans Health Administration and not upon
that authorization actually being filled and the Department
billed by the outside provider. Due to the timing of
reconciliation between obligations, authorizations, and the
number of those authorizations filled through private
providers, this accounting procedure has led to the de-
obligation of funds past the life of the budget authority,
leading to the expiration of millions of dollars that could
have been applied to veterans healthcare programs. Therefore,
the conferees have provided flexibility to aid the Department
in ensuring all appropriations within this account are able
to be obligated before expiration. This extended availability
within the new Medical Community Care account should allow VA
time to correct this problem; however, the conferees also
note this longer period of availability is a temporary
solution and will not continue unaltered into the future. The
Department is expected to work towards identifying changes in
execution that will result in a permanent fix, including
discussing with the Office of Management and Budget how best
to define the point of obligation for these funds. The
conferees expect the Department to keep the Committees
apprised of its progress towards a permanent solution and
request this issue be addressed within the fiscal year 2019
advance appropriations request for this account.
medical support and compliance
The conference agreement provides $6,654,480,000 in advance
for fiscal year 2018 for Medical Support and Compliance and
makes $100,000,000 of the advance funding available through
fiscal year 2019.
Filling senior position vacancies.--In order for VHA to
improve access and increase efficiency within the system, it
must fill the critical senior management and clinical
vacancies. Therefore, the conferees direct that not less than
$21,000,000, as provided in the budget request, be used to
hire medical center directors and employees for other
management and clinical positions within the Veterans Health
Administration.
Requirements for the hiring of VA healthcare providers.--
The conferees are deeply troubled by recent reports
concerning practicing VA providers whose credentials have not
been verified or have been misrepresented, and who have
previously entered into settlements or completed disciplinary
actions in other States where they may hold a medical
license. To protect our Nation's veterans, the Department
must do more to guarantee that VA providers are of the
highest quality and are, at the very least, in good standing
with each State medical board with which they hold licenses.
The conferees believe VA should be in strict compliance with
Veterans Health Administration Handbook 1100.19 and Directive
2012-030 which require the Department to obtain any and all
information on
[[Page H4098]]
medical license violations from each State medical board
where a provider holds or has ever held a license and whether
the provider has entered into any settlement agreements with
a board for disciplinary charges relating to medical
practice. The Department is directed to submit a report to
the Committees not later than 90 days after the beginning of
fiscal year 2017 providing an analysis and an assessment of
VA field compliance with Veterans Health Administration
Handbook 1100.19 and Directive 2012-030.
Transmission of VA healthcare providers' information to
State medical boards.--Under current VA policy outlined in
Veterans Health Administration Handbook 1100.18, in each
instance in which a licensed healthcare professional whose
behavior or clinical practice so substantially fails to meet
generally-accepted standards of clinical practice as to raise
reasonable concern for the safety of patients, the Department
is required to provide a report to each State licensure board
(SLB) where the professional holds a license.
The conferees are aware, however, that such reports sent to
SLBs are typically limited to a generic description of the
clinical shortcomings involved, and if the SLB wants more
details of the situation it must respond to the report with a
formal request for more information. The conferees note SLBs
and the Federation of State Medical Boards find it extremely
difficult to gain useful information even if they follow VA's
exact procedures.
It is critical for VA to improve communication with SLBs
and improve transparency surrounding medical practice
violations. VA is urged to send promptly to each SLB where a
provider holds a license and the SLB in the State where the
provider practices, the full information concerning any
violations during the provider's practice at VA.
While VA providers do not need to hold a license in the
same State where the medical facility resides, the conferees
believe such State's medical board should, nonetheless, have
access to information about a clinical violation committed at
a facility in their State to ensure the board can adequately
fulfill its obligation to uphold safe medical practice. The
Department is directed to submit a report to the Committees
not later than 90 days after the beginning of fiscal year
2017 providing an assessment of VA field compliance with
Veterans Health Administration Handbook 1100.18 and its
ability to provide full reporting to SLBs in instances where
licensed healthcare professionals' behavior or clinical
practice so substantially failed to meet generally-accepted
standards of clinical practice that it needed to be reported
in compliance with Handbook 1100.18.
Non-VA care provider reviews.--As the Department continues
to increase the scope and size of its non-VA care programs,
it is imperative that VA develop policies that ensure that a
healthcare provider removed from employment with the Veterans
Health Administration due to substandard care, professional
misconduct, or violation of the requirements of his or her
medical license does not subsequently reemerge as a
contracted healthcare provider in the community care
programs, including the Choice Program. Therefore, the
conferees direct the Department to submit to the Committees
not later than the beginning of fiscal year 2017 the current
VHA policy on entering into contractual agreements with
private providers, either directly or through a third-party
administrator, and the provisions of that policy which detail
how VA ensures that no healthcare providers removed for
misconduct subsequently become providers through the VA's
community care programs. In addition, the Department is
directed to include, with the policy, what enforcement
mechanisms are currently in place as a safeguard and any
legislative authorities needed to ensure that veterans
receive the highest quality of care from healthcare providers
on contract to VA.
medical facilities
The conference agreement provides $5,434,880,000 in advance
for fiscal year 2018 for Medical Facilities, as well as
$247,668,000 in fiscal year 2017 funding, which is in
addition to the advance funding provided last year. Of the
advance funding, $250,000,000 is made available through
fiscal year 2019.
Medical facility inspections for food service and
environmental quality.--The conferees are disturbed by
reports of sanitation and insect infestation problems at food
service areas and kitchens at VA healthcare facilities,
despite existing internal requirements for periodic
inspections. In addition, health-threatening mold has been
found in some VA facilities, as documented by the VA
Inspector General. The conference agreement includes bill
language in sections 251 and 252 requiring VA to contract
with the Joint Commission on Accreditation of Hospital
Organizations to conduct annual inspections of healthcare
facility food service areas, with remediation and re-
inspection required. Section 252 includes the requirement for
the Joint Commission to conduct similar periodic reviews to
inspect mold issues in VA medical facilities.
Improved community-based outpatient clinics (CBOC)
capabilities.--The conferees are concerned that VA needs to
improve its planning and contracting practices to allow for
future expansion needs of CBOCs. In the case of the recently
approved Rochester, New York CBOC (Phase I), the conferees
have been informed that options to expand for potential
future growth could not be included in the original lease
contract, warranting procurement of a second facility. The
conferees urge the Department to consider economic benefits
when considering locations. Furthermore, the Department is
directed to provide a report to the Committees not later than
the beginning of fiscal year 2017 addressing the rationale as
to why such flexibility cannot be included in lease contracts
and identify any barriers, including necessary statutory
changes, to ensure such options for flexibility are included
in future lease contracts.
Green energy management program.--Given congressional
concern with some prior wind energy projects, the conferees
believe that the Committees need a clearer budget
presentation of all green energy projects--wind, solar,
geothermal, etc.--proposed to be funded in the fiscal year
2018 budget. Because green energy management funding was used
to backfill shortfalls in the Denver hospital construction
project, the Committees have difficulty discerning the
strategic funding plans that remain for VA green energy
management.
Budget presentation.--The conferees have found the current
budget presentation for Medical Facilities distressingly
difficult to interpret. The conferees direct VA in the fiscal
year 2018 budget submission and in future years to include a
list of the projects that are funded in the request, with the
project's Strategic Capital Investment Priorities score
identified. Recognizing that the list of funded projects may
change during the course of the year, VA is directed to
provide quarterly updates to the Committees that identify any
changes to the list provided in the budget.
medical and prosthetic research
The conference agreement provides $675,366,000 for Medical
and Prosthetic Research, available until September 30, 2018.
Bill language is included to ensure that the Secretary
allocates adequate funding for research on gender-appropriate
prosthetics and toxic exposures.
Gulf War symptoms study.--The conferees are aware that on
March 23, 2015, VA contracted with the Institute of Medicine
to fulfill the mandated Gulf War and post-9/11 veterans
report as required by Public Law 110-389 and that VA is now
in receipt of the report. The conferees direct the Department
to review the report in an expeditious manner and transmit it
to the appropriate congressional committees of jurisdiction
not later than 60 days after the beginning of fiscal year
2017.
New research areas.--As indicated in the House report, the
conferees encourage VA to create a Center of Innovation for
research support and use as candidates for initial research
hyperbaric oxygen therapy and magnetic EEG/EKG-guided
resonance therapy.
Study on toxic exposures.--The conferees are aware the
Department is finalizing a contract with the National
Academies of Sciences, Engineering, and Medicine (NASEM) to
assess the current research available on possible
generational health effects that may be the result of toxic
exposures experienced by veterans. The conferees are aware
NASEM will also assess areas requiring further scientific
study on the descendants of veterans with toxic exposures. In
addition, NASEM will further assess the scope and methodology
required to conduct research on such descendants to identify
current or possible health effects in the veterans'
descendants. The study will be similar to what is directed
in the Senate report. The Committees have been provided a
detailed list of the scope of the study and are aware the
contract is to be awarded in fiscal year 2017. The
conferees intend to monitor the award of this contract
closely and expect the Department to finalize the award,
as summarized above and presented to the Committees.
National Cemetery Administration
The conference agreement provides $286,193,000 for the
National Cemetery Administration (NCA). Of the amount
provided, not to exceed 10 percent is available until
September 30, 2018.
Rural veterans burial initiative.--The Department is
directed to submit to the Committees not later than the
beginning of fiscal year 2017 a report detailing the progress
to date of the Rural Veterans Burial Initiative and the
expected timeline for completion of such initiative.
Departmental Administration
GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $345,391,000 for General
Administration. Of the amount provided, not to exceed 5
percent is available for obligation until September 30, 2018.
The agreement continues to include bill language in section
233 permitting the transfer of funds from this account to
General Operating Expenses, Veterans Benefits Administration.
The conference agreement provides $10,545,000 for the
Office of the Secretary. The recommendation fully supports
and provides the requested amounts in fiscal year 2017 for
the Center for Faith-Based and Neighborhood Partnerships, the
Center for Minority Veterans, the Center for Women Veterans,
and the Office of Survivors Assistance. The Office of
Government Relations is funded at $9,146,000, to include not
more than $5,900,000 for functions previously conducted by
the Office of Congressional and Legislative Affairs.
Within the amounts made available for General
Administration, not less than an additional $1,500,000 shall
be specifically reserved for the hiring of Veterans
Integrated
[[Page H4099]]
Service Network (VISN) directors; these amounts shall
supplement and not supplant amounts included in the budget
request for the hiring of VISN directors. Savings below the
requested level for the Office of Congressional and
Legislative Affairs function and the immediate Office of the
Secretary have been repurposed for this initiative,
consistent with direction in the Senate report.
Improving the veterans' experience at VA.--The conferees
note the Secretary is undertaking a major effort to better
understand the myriad of ways veterans and eligible
dependents interact with VA and then to measurably improve
the veterans experience at the point of service delivery. The
current customer experience when interacting with the
Department is disjointed, inconsistent, and all too often
frustrating for the veteran. For example, the VA has over 500
veteran-facing websites and almost a thousand 1-800 numbers
for veterans to contact VA. To make matters worse, there is
no consistent, VA-wide performance standard for the many call
centers VA operates. In addition, the current process for
training and integrating staff at VA is sorely lacking and
not on par with commercial equivalents, particularly when it
comes to front-line staff who directly interface with
veterans. Also, many of VA's business processes (for example,
compensation and pension exams) are built to be internal-
facing instead of built to put the veteran at the center of
the process. The sum of all these limitations has a direct
impact on veterans. For example, only 47 percent of veterans
surveyed marked ``strongly agree or agree'' with this
statement: ``I trust VA to fulfill our country's commitment
to veterans.'' The conferees believe VA can and should
redesign, measure, and improve the way VA provides services
to veterans nationwide, and note with interest the recent
efforts by the Secretary to do that. The conferees are
interested in the metrics and data the Department has
promised it can provide that will show an increase in veteran
satisfaction resulting from the efforts the Secretary's
office has put into place over the past year intending to
improve the veteran experience. The Department is directed to
report quarterly to the Committees metrics and data that show
improvement in customer satisfaction, the veterans
experience, and employee training. The conferees did not
provide a direct appropriation for this effort in fiscal year
2017; however, the Department is able and expected to
continue improving the veterans experience.
Financial management system.--The conference agreement
includes $8,000,000 in this account as well as $44,300,000 in
the Information Technology Systems account for development of
a new financial management system. The Department has
dithered for years in replacing its antiquated legacy system
and suffered the consequences of a near meltdown in the
hospital system in 2015 when obligations could not be
correctly reported. The conferees urge VA to make a decision
in fiscal year 2016 to replace its inadequate system with a
21st century product so that the Committees can rely on
financial information from VA and VA can manage its
obligations.
VA Patient Protection Act of 2016.--The conferees remain
concerned about reports of retaliation against whistleblowers
within the Department across the Nation. VA has promised to
foster a culture of openness by encouraging employees to
report cases of wrongdoing, yet there continue to be reports
that after bringing to light cases of wrongdoing, the
whistleblowers become subjects of retaliation. The conferees
note VA must create an environment that allows employees to
openly and safely advocate on behalf of veterans, consistent
with direction in the Senate report. The conference agreement
includes bill language in section 247 that comprehensively
addresses the creation of a formal process for whistleblowers
to file disclosures when operations within the Department
fail to meet the high standards of care and service veterans
deserve. Section 247 establishes a Central Whistleblower
Office designed as an independent investigatory body to
process VA employee complaints, which will ensure
whistleblower disclosures receive the prompt, impartial
attention deserved. Section 247 defines what actions
constitute prohibited retaliation against whistleblowers,
sets forth a process under which supervisors will be punished
for handling disclosures inappropriately, and requires VA
supervisors to be evaluated on their handling of
whistleblower complaints. Further, section 247 requires the
Department to report annually to the Committees on the number
of whistleblower complaints received and their outcomes and
to provide the results of Office of Special Counsel
investigations related to whistleblower complaints.
Quarterly reporting.--In section 218 of the conference
agreement, the conferees continue to direct VA to provide on
a quarterly basis, not later than 30 days after the end of
each quarter, a quarterly financial status report that
includes, at a minimum, the information identified in this
paragraph. Such information shall include:
1. VHA obligations and collections for the four Medical
Care accounts, Nonrecurring Maintenance (as a non-add),
Medical Research, the VA-DOD Facility Demonstration Fund, and
Medical Care Collections Fund (MCCF) collections--actual to
date versus plan;
2. Updated `VA Medical Care Obligations by Program' chart
displayed in the fiscal year 2017 budget justification;
3. Choice Act obligations for sections 801 and 802--actual
to date versus plan;
4. Hepatitis C obligations, amounts funded through
appropriations versus Choice Act, both sources actual to date
versus plan;
5. Cumulative tracking of all transfers made under any
authority, including each transfer within the Medical Care
appropriations accounts;
6. General Administration obligations--personal services
versus all other--actual to date versus plan;
7. Board of Veterans Appeals obligations--personal services
versus all other--actual to date versus plan;
8. VBA, GOE obligations--personal services versus all
other--actual to date versus plan;
9. Compensation and Pensions, Readjustment Benefits, and
Veterans Insurance and Indemnities--obligations year-to-date
versus plan;
10. NCA obligations--personal services versus all other--
actual to date versus plan;
11. Information Technology Systems obligations--personal
services versus all other--actual to date versus plan;
12. Major and Minor Construction obligations--actual to
date versus plan;
13. Obligations to date for each Major Construction
project, broken into design versus construction; and
14. Status of VA full-time equivalent employment--by
Administration/IT and revolving funds--by quarter, actual
versus plan.
BOARD OF VETERANS APPEALS
The conference agreement provides $156,096,000 for the
Board of Veterans Appeals (BVA), of which not to exceed 10
percent shall remain available until September 30, 2018. Bill
language is included in section 233 permitting VA to transfer
funding between this account and the General Operating
Expenses, Veterans Benefits Administration account if needed
to align funding with the appropriate account to hire staff
to address the appeals backlog.
The conference agreement provides the full budget request
in recognition of the growing backlog in resolving appeals.
However, the conferees are skeptical that, without the
necessary legislative changes proposed by the Administration,
VA will be able to make a significant dent in the backlog. As
one step, the conferees urge the Board to hire additional BVA
board members.
Legal assistance.--The conferees request the Board to
provide a report not later than 90 days after the beginning
of fiscal year 2017 about the possible need for legal
assistance by veterans who are appealing their ruling from
the Veterans Benefits Administration. The report should
include information about: (1) the percentage of appellants
who receive free legal counsel from veterans service
organizations or others versus those who represent themselves
or have paid legal counsel; (2) the Board's estimate of unmet
legal need among appellants; (3) possible mechanisms to
provide free legal assistance to veterans who do not have and
are unable to afford legal assistance; and (4) the legal
assistance program provided through the U.S. Court of Appeals
for Veterans Claims and whether such a program would be
appropriate for the Board, including a description of
program structure and cost.
INFORMATION TECHNOLOGY SYSTEMS
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $4,278,259,000 for
Information Technology (IT) Systems. The agreement identifies
separately in bill language the funding available for pay
($1,272,548,000); operations and maintenance
($2,534,442,000); and systems development, modernization, and
enhancement ($471,269,000). The agreement makes $37,100,000
of pay funding available until the end of fiscal year 2018;
$180,200,000 of operations and maintenance funding available
until the end of fiscal year 2018; and all IT systems
development, modernization and enhancement funding available
until the end of fiscal year 2018.
The conference agreement includes $259,874,000 for VistA
Evolution, the modernization of the interoperable electronic
health record (EHR) or any successor program; $143,000,000 in
information technology funding for the Veterans Benefits
Management System which processes disability claims;
$19,100,000 for the claims appeals modernization effort;
$20,000,000 for Section 508 compliance efforts; $44,300,000
for development of a new VA financial management system; and
$370,067,000 for the VA information security program,
including $125,000,000 for the Cybersecurity Strategy
Implementation program.
As with the fiscal year 2013-2016 appropriations Acts, the
fiscal year 2017 agreement includes a prohibition on
obligation or expenditure of more than 25 percent of fiscal
year 2017 funds provided for development, modernization, and
enhancement of the VistA Evolution EHR or a successor program
until the Department meets reporting and accountability
requirements contained in the conference bill language.
The conference agreement includes language prohibiting the
obligation of IT development, modernization, and enhancement
funding until VA submits a certification of the amounts to be
obligated, in part or in full, for each development project.
The conference agreement includes language permitting
funding to be transferred among the three IT subaccounts,
subject to approval from the Committees.
The conference agreement includes language providing that
funding may be transferred among development projects or to
new
[[Page H4100]]
projects subject to the Committees' approval.
The conference agreement provides funding for IT
development, modernization, and enhancement for the projects
and in the amounts specified in the following table:
INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS
(in thousands of dollars)
------------------------------------------------------------------------
Project Conference
------------------------------------------------------------------------
Electronic Health Record Interoperability/VLER Health 17,322
VistA Evolution or successor EHR program............. 63,339
Veterans Benefits Management System (VBMS)........... 85,288
Virtual Lifetime Electronic Record (VLER)............ 17,857
Veteran Customer Experience.......................... 73,624
VHA Research IT Support Development.................. 15,066
Other IT Systems Development......................... 198,773
------------------
Total, All Development........................... $471,269
------------------------------------------------------------------------
This table is intended to serve as the Department's
approved list of development projects; any requested changes
are subject to reprogramming requirements.
Appointment scheduling.--For more than a decade, VA has
spent millions in an attempt to replace its antiquated
scheduling system. VA has begun to fix some of the worst
problems in the system with its rollout of VistA Scheduling
Enhancement (VSE). But further efforts to modernize
scheduling have been put on hold until VA makes a decision
about what direction to take with modernizing the electronic
health record. The conferees understand the need to align the
two systems, but are distressed about the further delays in
the implementation of both. The conferees expect that VA will
finalize its strategic approach for both the electronic
health record and scheduling before the end of fiscal year
2016.
Expenditure plan.--The conference agreement directs the
Department to continue to provide an IT expenditure plan to
the Committees not later than the start of fiscal year 2017,
as indicated in both the House and Senate reports. This plan
should be in the same format as the table above.
Periodic briefings.--The conferees continue to require VA
to provide quarterly briefings to the Committees regarding
schedule, milestones, and obligations for VistA Evolution or
any successor program. The conferees also require quarterly
briefings from the DOD/VA Interagency Program Office on the
EHR interoperability project.
Data matching with the Department of Education.--The
conferees urge VA to establish a matching program with the
Department of Education to identify veterans who are
unemployable due to a service-connected disability. Under
current law, veterans who have been determined by VA to be
unemployable due to a service-connected disability are also
eligible for student loan forgiveness. However, given the
complexity of the loan discharge process and the seeming lack
of communication between the Departments of Veterans Affairs
and Education, disabled veterans would stand to benefit from
greater coordination between the two Departments.
OFFICE OF INSPECTOR GENERAL
The conference agreement provides $160,106,000 for the
Office of Inspector General (OIG). Of the amount provided,
not to exceed 10 percent is available for obligation until
September 30, 2018. The conference agreement directs that the
OIG should post publicly any report or audit not later than 3
days after it is submitted to the Secretary in final form.
CONSTRUCTION, MAJOR PROJECTS
The conference agreement provides $528,110,000 for
Construction, Major Projects, which is the same as the budget
request. The agreement makes this funding available for five
years, except that $50,000,000 is made available until
expended.
Outside project management.--To ensure the Department will
never again mishandle public funds on a construction project
in the manner and to the degree the Denver VA Medical Center
in Aurora, CO, was mismanaged, the conference agreement
directs that $222,620,000 for Veterans Health Administration
major construction projects shall not be available until the
Department enters into an agreement with a non-Department of
Veterans Affairs Federal entity to serve as the design and/or
construction agent for each major construction project with a
total estimated cost of $100,000,000 or above. The conference
agreement makes the funding available for obligation for each
project only after VA certifies that the agreement with the
non-Department Federal entity is in effect for that project.
The two VHA projects affected by the fencing provision are in
Reno, Nevada, and Long Beach, California. The requirement to
contract with an outside agent for major construction
projects was also mandated in Section 502 of the Department
of Veterans Affairs Expiring Authorities Act of 2015 (Public
Law 114-58), enacted on September 30, 2015. The law
contemplates that the non-Department Federal entity will
provide management over all or part of the project design,
acquisition, construction, and appropriate contract changes,
and the Department will reimburse the entity for all
appropriate costs associated with the provision of such
services.
The conference agreement funds the following items as
requested in the budget submission:
CONSTRUCTION, MAJOR PROJECTS
(in thousands of dollars)
------------------------------------------------------------------------
Conference
Location and description Agreement
------------------------------------------------------------------------
Veterans Health Admin. (VHA):
Long Beach, CA, seismic corrections for mental $30,200
health and community living center..............
Reno, NV, upgrade seismic, life safety, 192,420
utilities, and expand clinical services.........
Advance Planning and Design Fund--various locations.. 65,000
Major Construction staff--various locations.......... 24,000
Claims Analysis--various locations................... 5,000
Hazardous Waste--various locations................... 10,000
Judgment Fund--various locations..................... 9,000
Non-Dept. Fed. Entity Project Management Support..... 49,490
------------------
Total VHA........................................ 385,110
National Cemetery Admin. (NCA):
Elmira, NY--new national cemetery--Western NY.... 36,000
Las Animas, CO--new national cemetery--Southern 36,000
CO..............................................
Jacksonville, FL--gravesite expansion............ 24,000
South Florida, FL --gravesite expansion.......... 31,000
Advance Planning and Design Fund--various 10,000
locations.......................................
------------------
Total NCA.................................... 137,000
General Admin.:
Staff Offices Advance Planning Fund.............. 6,000
------------------
Major Construction total..................... $528,110
------------------------------------------------------------------------
Major construction budget justification documents.--The
conferees reiterate their concerns regarding the budget
justifications submitted for projects funded in this account.
The congressional budget justification materials that
accompany the President's Budget require a greater level of
detail to enhance oversight of the Department's major
construction projects. Therefore, the conference agreement
includes a new administrative provision section 258,
requiring the Department to submit enhanced budget
justification documents for projects for which funds are
requested. Pursuant to section 258, such justifications shall
include, at a minimum, the following elements for all major
construction projects:
1. Project description, to include phases (if applicable)
delineated by fiscal year, funding for each phase by fiscal
year, and a detailed description of what that funding
procures;
2. Project justification and analysis of benefits;
3. A comparison of budget authority with the prior year's
President's Budget for budget authority already received and
needed in future years;
4. A justification of any cost, schedule, or design change
from prior years;
5. Total estimated cost with a detailed breakout by design,
construction (differentiated by primary and support
facilities), and operating costs;
6. A complete project schedule to include dates indicating
design start, 35 percent design completion, award of
construction documents, design completion, award of
construction contract, and estimated construction completion;
7. Design contract type;
8. An analysis of alternatives with associated costs;
9. Demographic data; and
10. Workload data.
The Department is directed to submit this information in a
format resembling the Department of Defense form 1391 (DD
1391). In addition, language is included requiring the
Department to submit a proposed budget justification template
that complies with this requirement to the Committees within
45 days of enactment of this Act.
Alternative sources of construction funding.--The conferees
are aware of the budget challenges with new facility
construction at VA. The conferees are pleased that VA has
begun to work with the private sector in developing public-
private partnerships (P3). P3 projects take advantage of
readily available private sector investment capital,
expertise, and entrepreneurial discipline. Where private
sector financing has already been identified, and where
practical, the conferees urge VA to use a P3 model on future
VA construction projects.
CONSTRUCTION, MINOR PROJECTS
The conference agreement provides $372,069,000 for
Construction, Minor Projects. The agreement makes this
funding available for five years. Included within the total
is $285,000,000 for the Veterans Health Administration;
$56,890,000 for the National Cemetery Administration;
$20,000,000 for the Veterans Benefits Administration; and
$10,179,000 for General Administration--Staff Offices.
Expenditure Plan.--The conference agreement includes a
directive for the Department to provide an expenditure plan
not later than 30 days after the beginning of the fiscal
year, as provided in the Senate report. This expenditure plan
shall include a complete list of minor construction projects
to be supported with the fiscal year 2017 appropriation. The
plan shall be updated six months and twelve months after
enactment.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
The conference agreement provides $90,000,000 for Grants
for Construction of State Extended Care Facilities, to remain
available until expended.
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES
The conference agreement provides $45,000,000 for Grants
for Construction of Veterans Cemeteries, to remain available
until expended.
ADMINISTRATIVE PROVISIONS
(Including Transfers and Rescissions of Funds)
The conference agreement includes section 201 allowing for
transfer of funds among the three mandatory accounts.
The conference agreement includes section 202 allowing for
the transfer of funds among the four medical accounts.
The conference agreement includes section 203 allowing
salaries and expenses funds to be used for related authorized
purposes.
[[Page H4101]]
The conference agreement includes section 204 restricting
the accounts that may be used for the acquisition of land or
the construction of any new hospital or home.
The conference agreement includes section 205 limiting the
use of funds in the Medical Services account only for
entitled beneficiaries unless reimbursement is made to the
Department.
The conference agreement includes section 206 allowing for
the use of certain mandatory appropriations accounts for
payment of prior year accrued obligations for those accounts.
The conference agreement includes section 207 allowing the
use of appropriations available in this title to pay prior
year obligations.
The conference agreement includes section 208 allowing the
Department to use surplus earnings from the National Service
Life Insurance Fund, the Veterans' Special Life Insurance
Fund, and the United States Government Life Insurance Fund to
administer these programs.
The conference agreement includes section 209 allowing the
Department to cover the administrative expenses of enhanced-
use leases and provides authority to obligate these
reimbursements in the year in which the proceeds are
received.
The conference agreement includes section 210 limiting the
amount of reimbursement the Office of Resolution Management
and the Office of Employment Discrimination Complaint
Adjudication can charge other offices of the Department for
services provided.
The conference agreement includes section 211 requiring the
Department to collect third-party payer information for
persons treated for a non-service-connected disability.
The conference agreement includes section 212 allowing for
the use of enhanced-use leasing revenues for Construction,
Major Projects and Construction, Minor Projects.
The conference agreement includes section 213 outlining
authorized uses for Medical Services funds.
The conference agreement includes section 214 allowing for
funds deposited into the Medical Care Collections Fund to be
transferred to the Medical Services and Medical Community
Care accounts.
The conference agreement includes section 215 which allows
Alaskan veterans to use medical facilities of the Indian
Health Service or tribal organizations.
The conference agreement includes section 216 permitting
the transfer of funds from the Department of Veterans Affairs
Capital Asset Fund to the Construction, Major Projects and
Construction, Minor Projects accounts and makes those funds
available until expended.
The conference agreement includes section 217 rescinding
$7,246,181,000 of fiscal year 2017 Medical Services funds
that were provided in advance. This funding is now provided
through the Medical Community Care account.
The conference agreement includes section 218 requiring the
Secretary to submit financial status quarterly reports for
each of the Administrations in the Department. The specific
data requested is similar to that requested in the fiscal
year 2016 conference report.
The conference agreement includes section 219 requiring the
Department to notify and receive approval from the Committees
of any proposed transfer of funding to or from the
Information Technology Systems account and limits the
aggregate annual increase in the account to no more than 10
percent of the funding appropriated to the account in this
Act.
The conference agreement includes section 220 prohibiting
any funds from being used in a manner that is inconsistent
with statutory limitations on outsourcing.
The conference agreement includes section 221 providing up
to $274,731,000 of fiscal year 2017 funds for transfer to the
Joint DOD-VA Medical Facility Demonstration Fund.
The conference agreement includes section 222 which permits
up to $280,802,000 of fiscal year 2018 medical care funding
provided in advance to be transferred to the Joint DOD-VA
Medical Facility Demonstration Fund.
The conference agreement includes section 223 which
authorizes transfers from the Medical Care Collections Fund
to the Joint DOD-VA Medical Facility Demonstration Fund.
The conference agreement includes section 224 which
transfers at least $15,000,000 from VA medical accounts to
the DOD-VA Health Care Sharing Incentive Fund.
The conference agreement includes section 225 prohibiting
funds available to the Department in this or any other Act
from being used to replace the current system by which VISNs
select and contract for diabetes monitoring supplies and
equipment.
The conference agreement includes section 226 requiring
that the Department notify the Committees of bid savings in a
major construction project of at least $5,000,000, or 5
percent, whichever is less, 14 days prior to the obligation
of the bid savings and their anticipated use.
The conference agreement includes section 227 which
prohibits VA from increasing the scope of work for a major
construction project above the scope specified in the
original budget request unless the Secretary receives
approval from the Committees.
The conference agreement includes section 228 requiring a
quarterly report from each VBA regional office on pending
disability claims, both initial and supplemental; error
rates; the number of claims processing personnel; corrective
actions taken; training programs; and review team audit
results.
The conference agreement includes section 229 limiting the
funding from the Medical Services and Medical Support and
Compliance accounts for the electronic health record and
electronic health record interoperability projects.
The conference agreement includes section 230 requiring VA
to notify the Committees 15 days prior to any staff office
relocations within VA of 25 or more FTE.
The conference agreement includes section 231 requiring the
Secretary to report to the Committees each quarter about any
single national outreach and awareness marketing campaign
exceeding $2,000,000.
The conference agreement includes section 232 permitting
the transfer to the Medical Services account of fiscal year
discretionary 2017 funds appropriated in this Act or
available from advance fiscal year 2017 funds already
appropriated, except for funds appropriated to General
Operating Expenses, VBA, to address possible unmet, high
priority needs in Medical Services. Such unanticipated
demands may result from circumstances such as a greater than
projected number of enrollees or higher intensity of use of
benefits. Any such transfer requires the approval of the
Committees.
The conference agreement includes section 233 permitting
the transfer of funding between the General Operating
Expenses, Veterans Benefits Administration account and the
Board of Veterans Appeals account if necessary to permit the
hiring of staffing at the appropriate stage of the appeals
process to address mounting claims appeals workload. Any such
transfer requires the approval of the Committees.
The conference agreement includes section 234 prohibiting
the Secretary from reprogramming funds in excess of
$5,000,000 among major construction projects or programs
unless the reprogramming is approved by the Committees.
The conference agreement includes section 235 rescinding
$40,000,000 in unobligated balances in the DOD-VA Health Care
Sharing Incentive Fund.
The conference agreement includes sections 236 and 237
making general rescissions of $169,000,000 in fiscal year
2017 advance appropriations and reductions of $23,000,000 in
fiscal year 2017 current funded appropriations.
The conference agreement includes section 238 mandating
certain professional standards for the veterans crisis
hotline.
The conference agreement includes section 239 pertaining to
certification of marriage and family therapists.
The conference agreement includes section 240 restricting
funds from being used to close certain medical facilities in
the absence of a national realignment strategy.
The conference agreement includes section 241 which
prohibits funds from being used to transfer funding from the
Filipino Veterans Equity Compensation Fund to any other VA
account.
The conference agreement includes section 242 which
provides an extension through fiscal year 2017 of the Access
Received Closer to Home (ARCH) program.
The conference agreement includes section 243 which ends a
co-payment requirement for opioid antagonists and supports
education on the use of opioid antagonists.
The conference agreement includes section 244 requiring the
VA Inspector General to make public all work products.
The conference agreement includes section 245 permitting
funding to be used in fiscal years 2017 and 2018 to carry out
and expand the child care pilot program authorized by section
205 of Public Law 111-163.
The conference agreement includes section 246 making
mandatory the reporting to State prescription drug monitoring
programs.
The conference agreement includes section 247 which
includes the text of the VA Patient Protection Act of 2016
addressing protections for VA whistleblowers.
The conference agreement includes section 248 identifying
information which may be used to verify the status of
coastwise merchant seamen who served during World War II for
the purposes of eligibility for medals, ribbons, or other
military decorations.
The conference agreement includes section 249 providing
monthly assistance allowances for disabled veterans competing
on United States Olympic teams.
The conference agreement includes section 250 which
provides coverage under the VA beneficiary travel program for
certain types of special disabilities rehabilitation.
The conference agreement includes section 251 which
requires VA to conduct annual inspections of kitchens and
food service areas of each medical facility, through the
Joint Commission on Accreditation of Hospital Organizations,
with required remediation if necessary.
The conference agreement includes section 252 which
requires VA to conduct periodic inspections of mold issues at
VA medical facilities through the Joint Commission on
Accreditation of Hospital Organizations, along with required
remediation if necessary.
The conference agreement includes section 253 reinstating
the requirement for a report on the capacity of VA to provide
for specialized treatment and rehabilitative needs of
disabled veterans.
The conference agreement includes section 254 permitting
the Secretary to use appropriated funds to ensure particular
ratios of veterans to full-time employment equivalents within
any VA program of rehabilitation.
[[Page H4102]]
The conference agreement includes section 255 indicating
that no funds available in the Act may be used to deny the
Inspector General timely access to Department records and
documents over which the Inspector General has
responsibilities under the Inspector General Act of 1978.
The conference agreement includes section 256 forbidding
funds to be used to enter into a settlement that would
restrict an individual's freedom to speak to Members of
Congress or their staff.
The conference agreement includes section 257 providing
authority for the Veterans Health Administration to
administer the National Veterans Sports Program.
The conference agreement includes section 258 requiring
certain data to be included in budget justifications for
Major Construction projects.
The conference agreement includes section 259 which
authorizes 8 VA major construction projects that were funded
in fiscal year 2016.
The conference agreement includes section 260 allowing the
use of Medical Services funding for fertility treatment and
adoption reimbursement for veterans and their spouses if the
veteran has a service-connected disability that results in
being unable to procreate without such fertility treatment.
The Secretary of Veterans Affairs shall develop and publish
implementing guidance within 120 days of enactment of this
Act. The implementing guidance developed by the Secretary
shall not be materially different from, and in no way more
expansive than, the implementing guidance promulgated by the
Department of Defense in the April 3, 2012 memorandum from
the Assistant Secretary of Defense (Health Affairs) entitled
``Policy for Assisted Reproductive Services for the Benefit
of Seriously or Severly Ill/Injured (Category II or III)
Active Duty Service Members''.
TITLE III--RELATED AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES
The conference agreement includes $75,100,000 for Salaries
and Expenses of the American Battle Monuments Commission
(ABMC), as requested.
The conferees appreciate and support the meaningful work of
the ABMC to preserve commemorative and historical sites and
to educate the public about the United States Armed Forces.
The conferees further recognize the critical role that
African Americans and other minorities played during World
War II. The conferees urge the ABMC to partner with
Department of Defense historians to ensure that these
servicemembers and support staff are properly recognized at
ABMC sites. Further, the conferees direct the ABMC to
appropriately incorporate the contributions of African
Americans and other minorities into ABMC's interpretive
exhibits and on the ABMC website.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
The conference agreement includes such sums as necessary
for the Foreign Currency Fluctuations Account. However, due
to favorable exchange rates, no funds are expected to be
required in fiscal year 2017.
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
SALARIES AND EXPENSES
The conference agreement includes $30,945,000 for Salaries
and Expenses for the United States Court of Appeals for
Veterans Claims, as requested.
DEPARTMENT OF DEFENSE--CIVIL
CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES
The conference agreement includes $70,800,000 for
Cemeterial Expenses, Army--Salaries and Expenses, as
requested. Within that amount, up to $15,000,000 in funding
is available until September 30, 2019.
ARMED FORCES RETIREMENT HOME TRUST FUND
The conference agreement includes a total of $64,300,000
for the Armed Forces Retirement Home (AFRH), as requested,
but does not provide the funds in the manner requested. The
agreement does not include the indefinite transfer of an
estimated $22,000,000 in funds from the Department of Defense
(DOD), Operations and Maintenance, Defense-Wide Account, as
requested. Instead, the conference agreement directs that
$42,300,000 be derived from the Trust Fund and $22,000,000 be
provided from the General Fund to support AFRH operations.
Trust Fund Solvency.--The conferees are disappointed the
Department of Defense did not include with the fiscal year
2017 budget request legislative proposals and administrative
actions that can be taken under current law in order to
achieve Trust Fund solvency in spite of clear direction to do
so in the Explanatory Statement accompanying Public Law 114-
113, the Consolidated Appropriations Act, 2016. Both
legislative and administrative actions are necessary to
improve Trust Fund solvency, eliminate AFRH's reliance on the
General Fund, and maintain the high-quality services provided
to AFRH residents. The conferees again direct DOD, working
with AFRH, to take appropriate administrative action and to
develop and submit proposed authorizing language with the
fiscal year 2018 budget request that addresses the issue of
Trust Fund solvency. In addition, AFRH is directed to
regularly report to the Committees on efforts to stabilize
the Trust Fund and to lease its property at the Washington,
D.C. facility.
Study Findings and Proposals.--AFRH's budget request notes
that DOD has undertaken an in-depth study to develop mid-term
and long-term plans to improve Trust Fund solvency. The study
also includes an analysis of AFRH operations to include
benchmarking and to identify potential legislative changes to
revise AFRH's funding model. The Committees request further
information from DOD regarding the study, including a report
on its cost, scope of work, deliverables, and timeline, and
requests a briefing on the findings and resulting proposals.
The conferees are troubled that the study's statement of work
seems to be focused on cuts to core AFRH operations as a
means of achieving Trust Fund solvency. The conference
agreement directs that AFRH and the Department of Defense
submit by October 1, 2016, a proposal that ensures the long-
term sustainability of the Trust Fund by replenishing the
Trust Fund's revenues, not by cutting core AFRH operations.
ADMINISTRATIVE PROVISIONS
The conference agreement includes section 301 permitting
funds to be provided to Arlington County, Virginia, for the
relocation of a water main located on the Arlington National
Cemetery property.
The conference agreement includes section 302 allowing
Arlington National Cemetery to deposit and use funds derived
from concessions.
TITLE IV--OVERSEAS CONTINGENCY OPERATIONS
Department of Defense
The conference agreement includes title IV, Overseas
Contingency Operations, for military construction projects
related to the Global War on Terrorism, the European
Reassurance Initiative and Counterterrorism Support that were
requested by the Administration in the Fiscal Year 2017
Overseas Contingency Operations budget request.
Military Construction, Army
The conference agreement includes $18,900,000 for
``Military Construction, Army'', as requested in the Fiscal
Year 2017 Overseas Contingency Operations budget request, for
planning and design in support of the European Reassurance
Initiative.
Military Construction, Navy and Marine Corps
The conference agreement includes $59,809,000 for
``Military Construction, Navy and Marine Corps'', as
requested in the Fiscal Year 2017 Overseas Contingency
Operations budget request, of which $21,400,000 is in support
of the European Reassurance Initiative and $38,409,000 is in
support of Overseas Contingency Operations.
Military Construction, Air Force
The conference agreement includes $88,291,000 for
``Military Construction, Air Force'', as requested in the
Fiscal Year 2017 Overseas Contingency Operations budget
request, of which $68,280,000 is in support of the European
Reassurance Initiative, $11,440,000 is in support of Overseas
Contingency Operations, and $8,571,000 is in support of
counterterrorism efforts.
Military Construction, Defense-Wide
The conference agreement includes $5,000,000 for ``Military
Construction, Defense-Wide'', as requested in the Fiscal Year
2017 Overseas Contingency Operations budget request, for
unspecified minor military construction for the Joint Staff
in support of the European Reassurance Initiative.
Administrative Provision
The conference agreement includes section 401 regarding
emergency designation for the Overseas Contingency Operations
accounts.
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TITLE V--GENERAL PROVISIONS
The conference agreement includes section 501 prohibiting
the obligation of funds in this Act beyond the current fiscal
year unless expressly so provided.
The conference agreement includes section 502 prohibiting
the use of the funds in this Act for programs, projects, or
activities not in compliance with Federal law relating to
risk assessment, the protection of private property rights,
or unfunded mandates.
The conference agreement includes section 503 encouraging
all Departments to expand their use of ``E Commerce.''
The conference agreement includes section 504 specifying
the congressional committees that are to receive all reports
and notifications.
The conference agreement includes section 505 prohibiting
the transfer of funds to any instrumentality of the United
States Government without authority from an appropriations
Act.
The conference agreement includes section 506 prohibiting
the use of funds for a project or program named for a serving
Member, Delegate, or Resident Commissioner of the United
States House of Representatives.
The conference agreement includes section 507 requiring all
reports submitted to Congress to be posted on official web
sites of the submitting agency.
The conference agreement includes section 508 prohibiting
the use of funds to establish or maintain a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography, except for law enforcement
investigation, prosecution, or adjudication activities.
The conference agreement includes section 509 prohibiting
the use of funds for the payment of first-class air travel by
an employee of the executive branch.
The conference agreement includes section 510 prohibiting
the use of funds in this Act for any contract where the
contractor has not complied with E-Verify requirements.
The conference agreement includes section 511 prohibiting
the use of funds in this Act by the Department of Defense or
the Department of Veterans Affairs for the purchase or lease
of a new vehicle except in accordance with Presidential
Memorandum--Federal Fleet Performance, dated May 24, 2011.
The conference agreement includes section 512 prohibiting
the use of funds in this Act for the renovation, expansion,
or construction of any facility in the continental United
States for the purpose of housing any individual who has been
detained at the United States Naval Station, Guantanamo Bay,
Cuba.
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DIVISION B--ZIKA RESPONSE AND PREPAREDNESS APPROPRIATIONS
The conference agreement includes $1,108,094,000 in fiscal
year 2016 appropriations for Zika response and preparedness.
These funds will provide the Department of Health and Human
Services and Department of State, and the U.S. Agency for
International Development, with additional resources to
combat the Zika virus. In addition, the conference agreement
includes a rescission of $10,000,000 from unobligated
balances of Ebola response and preparedness funds under
Operating Expenses of the U.S. Agency for International
Development.
Within the funds provided for Centers for Disease Control
and Prevention (CDC), the conferees intend a robust level of
funding to support mosquito control efforts conducted by
State, county, or municipal programs, including mosquito
control districts. CDC should consider the risk of active or
local transmission of the Zika virus when allocating such
funds. The conferees also encourage the Secretary to update
the Healthcare Common Procedure Coding System to account for
specific coding requirements and adequate reimbursement rates
for Zika diagnostic tests recognized by the Food and Drug
Administration.
A table displaying additional detail for the funding in
division B follows.
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DIVISION C--ZIKA VECTOR CONTROL ACT
The conference agreement includes the ``Zika Vector Control
Act'' as division C.
DIVISION D--RESCISSIONS OF FUNDS
The conference agreement includes $750,000,000 in budgetary
savings for fiscal year 2016, as follows:
$543,000,000 are rescinded from amounts available
under section 1323(c)(1) of the Patient Protection and
Affordable Care Act;
$100,000,000 are rescinded from the Non-recurring
expenses fund of the Department of Health and Human Services;
and
$107,000,000 are rescinded from the unobligated
balances of Ebola response and preparedness funds under the
Economic Support Fund heading.
Harold Rogers,
Tom Cole,
Kay Granger,
Charles W. Dent,
Jeff Fortenberry,
Thomas J. Rooney,
Martha Roby,
David G. Valadao,
Managers on the Part of the House.
Thad Cochran,
Mark Kirk,
Mitch McConnell,
Lisa Murkowski,
John Hoeven,
Susan Collins,
John Boozman,
Shelley Moore Capito,
Roy Blunt,
Lindsey Graham,
Managers on the Part of the Senate.
=========================== NOTE ===========================
June 22, 2016, on page H4125, the following appeared: SHELLEY
MOORE CAPITO, ROY BLUNT, Managers on the Part of the Senate.
The online version should be corrected to read: SHELLEY MOORE
CAPITO, ROY BLUNT, LINDSEY GRAHAM, Managers on the Part of the
Senate.
========================= END NOTE =========================
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