[Congressional Record Volume 162, Number 144 (Thursday, September 22, 2016)]
[Senate]
[Pages S5989-S6035]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXPLANATORY STATEMENT REGARDING AMENDMENT NO. 5082 TO H.R. 5325
Mr. COCHRAN. Mr. President, I ask unanimous consent to have an
explanatory statement regarding Senate amendment No. 5082 to H.R. 5325
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
EXPLANATORY STATEMENT SUBMITTED BY MR. COCHRAN OF MISSISSIPPI, CHAIRMAN
OF THE SENATE COMMITTEE ON APPROPRIATIONS REGARDING THE SENATE
AMENDMENT TO H.R. 5325
The following is an explanation of the ``Continuing
Appropriations and Military Construction, Veterans Affairs,
and Related Agencies Appropriations Act, 2017, and Zika
Response and Preparedness Act''.
This Act includes the Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2017
(Division A), the Zika Response and Preparedness
Appropriations Act, 2016 (Division B), the Continuing
Appropriations Act, 2017 (Division C), and a division on
rescissions of funds (Division D). H.R. 5325 was used as the
vehicle for the Senate amendment.
Section 1 of the Act is the short title of the bill.
Section 2 of the Act displays a table of contents.
Section 3 of the Act 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.
Section 6 of the Act specifies that this explanatory
statement shall have the same effect with respect to the
allocation of funds and implementation of this Act as if it
were a joint explanatory statement of a committee of
conference, and it specifies that any reference to the
``joint explanatory statement accompanying this Act''
contained in division A shall be considered to be a reference
to this explanatory statement.
References in this explanatory statement in division A
(Military Construction, Veterans Affairs, and Related
Agencies Appropriations Act, 2017) to ``conferees'' are
deemed to be references to the Committees on Appropriations
of the House of Representatives and the Senate, and
references to the ``conference agreement'' are deemed to be
references to the recommendations in division A of this Act.
The Act 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.
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
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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.
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
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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.
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.
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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
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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
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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
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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 S6009]]
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 S6010]]
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 S6011]]
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 Act 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.
Within the funds provided for Centers for Disease Control
and Prevention (CDC), a robust level of funding is intended
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 Secretary of Health and Human Services is encouraged 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.
Funds provided in the fifth proviso under the Public Health
and Social Services Emergency Fund shall be administered by
the Centers for Medicare and Medicaid Services to reimburse
for costs of health conditions related to the Zika virus.
A table displaying additional detail for the funding in
division B follows:
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DIVISION C--CONTINUING APPROPRIATIONS ACT, 2017
The Act includes the ``Continuing Appropriations Act,
2017'' as division C.
Section 145 of division C includes an additional
$500,000,000 for fiscal year 2016 for the Community Planning
and Development, Community Development Fund, for activities
related to major disasters. The Secretary of Housing and
Urban Development shall publish on a public website
information accounting for how all grant funds are used,
including the award and expenditure of funds. The Secretary
shall update the information on the website on a monthly
basis through December 31, 2016, and on a quarterly basis
thereafter.
DIVISION D--RESCISSIONS OF FUNDS
The Act includes $400,001,198 in budgetary savings for
fiscal year 2016, as follows:
$10,000,000 is rescinded from unobligated balances of
``Department of Commerce, Economic Development
Administration, Economic Development Assistance Programs'';
$13,000,000 is rescinded from unobligated balances of
``Department of Commerce, National Oceanic and Atmospheric
Administration, Operations, Research, and Facilities'';
$279,045 is rescinded from unobligated balances of
``Department of Homeland Security, Departmental Management
and Operations, Office of the Secretary and Executive
Management'';
$39,246 is rescinded from unobligated balances of
``Department of Homeland Security, U.S. Customs and Border
Protection, Salaries and Expenses'';
$48,075,920 is rescinded from ``Department of Homeland
Security, United States Coast Guard, Acquisition,
Construction, and Improvements'';
$731,790 is rescinded from unobligated balances of
``Department of Homeland Security, Federal Emergency
Management Agency, Administrative and Regional Operations'';
$168,100,000 is rescinded from unobligated amounts
available under section 1323(c)(1) of the Patient Protection
and Affordable Care Act;
$7,522,000 is rescinded from unobligated balances of Ebola
response and preparedness funds under ``Operating Expenses''
of the U.S. Agency for International Development;
$109,478,000 is rescinded from unobligated balances of
Ebola response and preparedness funds under ``Bilateral
Economic Assistance, Funds Appropriated to the President'';
$5,375,197 is rescinded from unobligated balances of
``Department of Transportation, Federal Aviation
Administration, Facilities and Equipment''; and
$37,400,000 is rescinded from unobligated balances of the
Department of Transportation provided under section 108 of
Public Law 101-130.
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