[Congressional Record Volume 162, Number 147 (Wednesday, September 28, 2016)]
[House]
[Pages H6072-H6094]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2017
General Leave
Mr. ROGERS of Kentucky. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous material on the further consideration of
H.R. 5325, and that I may include tabular material on the same.
The SPEAKER pro tempore (Mr. Collins of Georgia). Is there objection
to the request of the gentleman from Kentucky?
There was no objection.
Mr. ROGERS of Kentucky. Mr. Speaker, pursuant to House Resolution
901, I call up the bill (H.R. 5325) making appropriations for the
Legislative Branch for the fiscal year ending September 30, 2017, and
for other purposes, with the Senate amendment thereto, and ask for its
immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendment.
Senate amendment:
Strike all after the enacting clause, and insert in lieu thereof:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continuing Appropriations
and Military Construction, Veterans Affairs, and Related
Agencies Appropriations Act, 2017, and Zika Response and
Preparedness Act''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
Sec. 5. Availability of funds.
Sec. 6. Explanatory statement.
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions
DIVISION B--ZIKA RESPONSE AND PREPAREDNESS
Title I--Department of Health and Human Services
Title II--Department of State
Title III--General Provisions--This Division
DIVISION C--CONTINUING APPROPRIATIONS ACT, 2017
DIVISION D--RESCISSIONS OF FUNDS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2017.
SEC. 5. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985
shall be available (or rescinded, if applicable) only if the
President subsequently so designates all such amounts and
transmits such designations to the Congress.
SEC. 6. EXPLANATORY STATEMENT.
(a) The explanatory statement regarding this Act, printed
in the Senate section of the Congressional Record on or about
September 22, 2016, by the Chairman of the Committee on
Appropriations of the Senate, shall have the same effect with
respect to the allocation of funds and implementation of
divisions A through D of this Act as if it were a joint
explanatory statement of a committee of conference.
(b) Any reference to the ``joint explanatory statement
accompanying this Act'' contained in division A of this Act
shall be considered to be a reference to the explanatory
statement described in subsection (a).
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $513,459,000, to remain available until
September 30, 2021: Provided, That, of this amount, not to
exceed $98,159,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of the
Army determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps
as currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation,
$1,021,580,000, to remain available until September 30, 2021:
Provided, That, of this amount, not to exceed $88,230,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Air
Force as currently authorized by law, $1,491,058,000, to
remain available until September 30, 2021: Provided, That of
this amount, not to exceed $143,582,000 shall be available
for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the
Air Force determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That none of the funds made available under this heading
shall be for construction of the Joint Intelligence Analysis
Complex Consolidation, Phase 3, at Royal Air Force
[[Page H6073]]
Croughton, United Kingdom, unless authorized in an Act
authorizing appropriations for fiscal year 2017 for military
construction.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $2,025,444,000,
to remain available until September 30, 2021: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as the Secretary may
designate, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation
or fund to which transferred: Provided further, That of the
amount appropriated, not to exceed $180,775,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$232,930,000, to remain available until September 30, 2021:
Provided, That, of the amount appropriated, not to exceed
$8,729,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Director of the Army National Guard determines
that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$143,957,000, to remain available until September 30, 2021:
Provided, That, of the amount appropriated, not to exceed
$10,462,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Director of the Air National Guard determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $68,230,000, to remain
available until September 30, 2021: Provided, That, of the
amount appropriated, not to exceed $7,500,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of
the Army Reserve determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $38,597,000, to remain available until September 30,
2021: Provided, That, of the amount appropriated, not to
exceed $3,783,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Secretary of the Navy determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $188,950,000, to remain
available until September 30, 2021: Provided, That, of the
amount appropriated, not to exceed $4,500,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of
the Air Force Reserve determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $177,932,000, to remain available until
expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$240,237,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$157,172,000, to remain available until September 30, 2021.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $325,995,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $94,011,000, to remain available until September 30,
2021.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $300,915,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$61,352,000, to remain available until September 30, 2021.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $274,429,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $59,157,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $3,258,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and
supporting facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
[[Page H6074]]
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Gulf, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Gulf, may be used to award
any contract estimated by the Government to exceed $1,000,000
to a foreign contractor: Provided, That this section shall
not be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel
30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated
to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.
Sec. 115. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections 480 and 2883 of title 10, United States
Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the
Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of
Defense Military Unaccompanied Housing Improvement Fund from
amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts,
to be merged with and to be available for the same purposes
and for the same period of time as amounts appropriated
directly to the Fund: Provided, That appropriations made
available to the Funds shall be available to cover the costs,
as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of
subchapter IV of chapter 169 of title 10, United States Code,
pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and
supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the Department of Defense Base Closure
Account to the fund established by section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with
and be available for the same purposes and for the same time
period as the fund to which transferred.
Sec. 119. Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided,
That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress,
except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated
with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller)
is to report annually to the Committees on Appropriations of
both Houses of Congress all operation and maintenance
expenditures for each individual general or flag officer
quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations
available in this Act to the Department of Defense for
military construction and family housing operation and
maintenance and construction have expired for obligation,
upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations
incurred during the period of availability of such
appropriations, unobligated balances of such appropriations
may be transferred into the appropriation ``Foreign Currency
Fluctuations, Construction, Defense'', to be merged with and
to be available for the same time period and for the same
purposes as the appropriation to which transferred.
Sec. 122. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used by the
Secretary of the Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the
total number of civilian employees of the Department of the
Army and Army contractor personnel employed exceeds 10
percent of the total number of members of the regular and
reserve components of the Army assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the
Secretary of the Army certifies to the congressional defense
committees that in proposing the relocation of the unit of
the Army, the Secretary complied with Army Regulation 5-10
relating to the policy, procedures, and responsibilities for
Army stationing actions.
Sec. 123. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account
in accordance with the reprogramming guidelines for military
construction and family housing construction contained in
Department of Defense Financial Management Regulation
7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect
on the date of enactment of this Act.
Sec. 124. None of the funds made available in this title
may be obligated or expended for planning and design and
construction of projects at Arlington National Cemetery.
Sec. 125. For an additional amount for the accounts and in
the amounts specified, to remain available until September
30, 2021:
``Military Construction, Army'', $40,500,000;
``Military Construction, Navy and Marine Corps'',
$227,099,000;
``Military Construction, Air Force'', $149,500,000;
``Military Construction, Army National Guard'',
$67,500,000;
``Military Construction, Air National Guard'', $11,000,000;
``Military Construction, Army Reserve'', $30,000,000:
Provided, That such funds may only be obligated to carry
out construction projects identified in the respective
military department's unfunded priority list for fiscal year
2017 submitted to Congress by the Secretary of Defense:
Provided further, That such projects are subject to
authorization prior to obligation and expenditure of funds to
carry out construction: Provided further, That not later
than 30 days after enactment of this Act, the Secretary of
the military department concerned, or his or her designee,
shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided
under this section.
Sec. 126. For an additional amount for ``Military
Construction, Navy and Marine Corps'', $89,400,000, to remain
available until September 30, 2021: Provided, That, such
funds may only be obligated to carry out construction
projects identified by the Department of the Navy in its June
8, 2016, unfunded priority list submission to the Committees
on Appropriations of both Houses of Congress detailing
unfunded reprogramming and emergency construction
requirements: Provided further, That, not later than 30 days
after enactment of this Act, the Secretary of the Navy, or
his or her designee, shall submit to the Committees an
expenditure plan for funds provided under this section.
(rescissions of funds)
Sec. 127. Of the unobligated balances available to the
Department of Defense from prior appropriation Acts, the
following funds are hereby rescinded from the following
accounts in the amounts specified:
``Military Construction, Army'', $29,602,000;
``Military Construction, Air Force'', $51,460,000;
``Military Construction, Defense-Wide'', $171,600,000, of
which $30,000,000 are to be derived from amounts made
available for Missile Defense Agency planning and design; and
[[Page H6075]]
``North Atlantic Treaty Organization Security Investment
Program'', $30,000,000:
Provided, That no amounts may be rescinded from amounts
that were designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism or as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
(rescission of funds)
Sec. 128. Of the unobligated balances made available in
prior appropriation Acts for the fund established in section
1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) (other than
appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or
as an emergency requirement), $25,000,000 are hereby
rescinded.
Sec. 129. For the purposes of this Act, the term
``congressional defense committees'' means the Committees on
Armed Services of the House of Representatives and the
Senate, the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
Senate, and the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
House of Representatives.
Sec. 130. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 131. Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this
or any other Act may be used to consolidate or relocate any
element of a United States Air Force Rapid Engineer
Deployable Heavy Operational Repair Squadron Engineer (RED
HORSE) outside of the United States until the Secretary of
the Air Force (1) completes an analysis and comparison of the
cost and infrastructure investment required to consolidate or
relocate a RED HORSE squadron outside of the United States
versus within the United States; (2) provides to the
Committees on Appropriations of both Houses of Congress
(``the Committees'') a report detailing the findings of the
cost analysis; and (3) certifies in writing to the Committees
that the preferred site for the consolidation or relocation
yields the greatest savings for the Air Force: Provided,
That the term ``United States'' in this section does not
include any territory or possession of the United States.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53,
55, and 61 of title 38, United States Code; pension benefits
to or on behalf of veterans as authorized by chapters 15, 51,
53, 55, and 61 of title 38, United States Code; and burial
benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the
provisions of title IV of the Servicemembers Civil Relief Act
(50 U.S.C. App. 541 et seq.) and for other benefits as
authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States
Code, $90,119,449,000, to remain available until expended and
to become available on October 1, 2017: Provided, That not
to exceed $17,224,000 of the amount made available for fiscal
year 2018 under this heading shall be reimbursed to ``General
Operating Expenses, Veterans Benefits Administration'', and
``Information Technology Systems'' for necessary expenses in
implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and Pensions''
appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be
reimbursed to ``Medical Care Collections Fund'' to augment
the funding of individual medical facilities for nursing home
care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, $13,708,648,000, to remain available
until expended and to become available on October 1, 2017:
Provided, That expenses for rehabilitation program services
and assistance which the Secretary is authorized to provide
under subsection (a) of section 3104 of title 38, United
States Code, other than under paragraphs (1), (2), (5), and
(11) of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by chapters 19 and 21, title 38, United States
Code, $124,504,000, to remain available until expended, of
which $107,899,000 shall become available on October 1, 2017.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further,
That, during fiscal year 2017, within the resources
available, not to exceed $500,000 in gross obligations for
direct loans are authorized for specially adapted housing
loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $198,856,000.
vocational rehabilitation loans program account
For the cost of direct loans, $36,000, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$2,517,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $389,000, which may be paid to
the appropriation for ``General Operating Expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,163,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General
Services Administration for security guard services, and
reimbursement of the Department of Defense for the cost of
overseas employee mail, $2,856,160,000: Provided, That
expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of
title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans:
(1) to the maximum extent feasible, to become employable and
to obtain and maintain suitable employment; or (2) to achieve
maximum independence in daily living, shall be charged to
this account: Provided further, That, of the funds made
available under this heading, not to exceed 5 percent shall
remain available until September 30, 2018.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees
hired under title 38, United States Code, aid to State homes
as authorized by section 1741 of title 38, United States
Code, assistance and support services for caregivers as
authorized by section 1720G of title 38, United States Code,
loan repayments authorized by section 604 of the Caregivers
and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital
care and medical services authorized by section 1787 of title
38, United States Code; $1,078,993,000, which shall be in
addition to funds previously appropriated under this heading
that become available on October 1, 2016; and, in addition,
$44,886,554,000, plus reimbursements, shall become available
on October 1, 2017, and shall remain available until
September 30, 2018: Provided, That, of the amount made
available on October 1, 2017, under this heading,
$1,400,000,000 shall remain available until September 30,
2019: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment
for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment
priority groups 1 through 6: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription
drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based
on requirements established by the Secretary: Provided
further, That the implementation of the program described in
the previous proviso shall incur no additional cost to the
Department of Veterans Affairs: Provided further, That the
Secretary of Veterans Affairs shall ensure that sufficient
amounts appropriated under this heading for medical supplies
and equipment are available for the acquisition of
prosthetics designed specifically for female veterans:
Provided further, That the Secretary of Veterans Affairs
shall provide access to therapeutic listening devices to
veterans struggling with mental health related problems,
substance abuse, or traumatic brain injury.
medical community care
For necessary expenses for furnishing health care to
individuals pursuant to chapter 17 of title 38, United States
Code, at non-Department facilities, $7,246,181,000, plus
reimbursements, of which $2,000,000,000 shall remain
available until September 30, 2020; and, in addition,
$9,409,118,000 shall become available on October 1, 2017, and
shall remain available until September 30, 2018: Provided,
That of the amount made available on October 1, 2017,
$1,500,000,000 shall remain available until September 30,
2021.
[[Page H6076]]
medical support and compliance
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.), $6,654,480,000, plus reimbursements,
shall become available on October 1, 2017, and shall remain
available until September 30, 2018: Provided, That, of the
amount made available on October 1, 2017, under this heading,
$100,000,000 shall remain available until September 30, 2019.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration;
for administrative expenses in support of planning, design,
project management, real property acquisition and
disposition, construction, and renovation of any facility
under the jurisdiction or for the use of the Department; for
oversight, engineering, and architectural activities not
charged to project costs; for repairing, altering, improving,
or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise
provided for, either by contract or by the hire of temporary
employees and purchase of materials; for leases of
facilities; and for laundry services; $247,668,000, which
shall be in addition to funds previously appropriated under
this heading that become available on October 1, 2016; and,
in addition, $5,434,880,000, plus reimbursements, shall
become available on October 1, 2017, and shall remain
available until September 30, 2018: Provided, That, of the
amount made available on October 1, 2017, under this heading,
$250,000,000 shall remain available until September 30, 2019.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $675,366,000,
plus reimbursements, shall remain available until September
30, 2018: Provided, That the Secretary of Veterans Affairs
shall ensure that sufficient amounts appropriated under this
heading are available for prosthetic research specifically
for female veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations;
hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $286,193,000, of which not
to exceed 10 percent shall remain available until September
30, 2018.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, $345,391,000, of
which not to exceed 5 percent shall remain available until
September 30, 2018: Provided, That funds provided under this
heading may be transferred to ``General Operating Expenses,
Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans
Appeals, $156,096,000, of which not to exceed 10 percent
shall remain available until September 30, 2018.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by section 3109 of title 5, United
States Code, $4,278,259,000, plus reimbursements: Provided,
That $1,272,548,000 shall be for pay and associated costs, of
which not to exceed $37,100,000 shall remain available until
September 30, 2018: Provided further, That $2,534,442,000
shall be for operations and maintenance, of which not to
exceed $180,200,000 shall remain available until September
30, 2018: Provided further, That $471,269,000 shall be for
information technology systems development, modernization,
and enhancement, and shall remain available until September
30, 2018: Provided further, That amounts made available for
information technology systems development, modernization,
and enhancement may not be obligated or expended until the
Secretary of Veterans Affairs or the Chief Information
Officer of the Department of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be
obligated and expended for each development project:
Provided further, That amounts made available for salaries
and expenses, operations and maintenance, and information
technology systems development, modernization, and
enhancement may be transferred among the three subaccounts
after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That amounts made available for the
``Information Technology Systems'' account for development,
modernization, and enhancement may be transferred among
projects or to newly defined projects: Provided further,
That no project may be increased or decreased by more than
$1,000,000 of cost prior to submitting a request to the
Committees on Appropriations of both Houses of Congress to
make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed: Provided further,
That funds under this heading may be used by the Interagency
Program Office through the Department of Veterans Affairs to
define data standards, code sets, and value sets used to
enable interoperability: Provided further, That of the funds
made available for information technology systems
development, modernization, and enhancement for VistA
Evolution or any successor program, not more than 25 percent
may be obligated or expended until the Secretary of Veterans
Affairs:
(1) submits to the Committees on Appropriations of both
Houses of Congress the VistA Evolution Business Case and
supporting documents regarding continuation of VistA
Evolution or alternatives to VistA Evolution, including an
analysis of necessary or desired capabilities, technical and
security requirements, the plan for modernizing the platform
framework, and all associated costs;
(2) submits to the Committees on Appropriations of both
Houses of Congress, and such Committees approve, the
following: a report that describes a strategic plan for VistA
Evolution, or any successor program, and the associated
implementation plan including metrics and timelines; a master
schedule and lifecycle cost estimate for VistA Evolution or
any successor; and an implementation plan for the transition
from the Project Management Accountability System to a new
project delivery framework, the Veteran-focused Integration
Process, that includes the methodology by which projects will
be tracked, progress measured, and deliverables evaluated;
(3) submits to the Committees on Appropriations of both
Houses of Congress a report outlining the strategic plan to
reach interoperability with private sector healthcare
providers, the timeline for reaching ``meaningful use'' as
defined by the Office of National Coordinator for Health
Information Technology for each data domain covered under the
VistA Evolution program, and the extent to which the
Department of Veterans Affairs leverages the State Health
Information Exchanges to share health data with private
sector providers;
(4) submits to the Committees on Appropriations of both
Houses of Congress, and such Committees approve, the
following: a report that describes the extent to which VistA
Evolution, or any successor program, maximizes the use of
commercially available software used by DoD and the private
sector, requires an open architecture that leverages best
practices and rapidly adapts to technologies produced by the
private sector, enhances full interoperability between the VA
and DoD and between VA and the private sector, and ensures
the security of personally identifiable information of
veterans and beneficiaries; and
(5) certifies in writing to the Committees on
Appropriations of both Houses of Congress that the Department
of Veterans Affairs has met the requirements contained in the
National Defense Authorization Act of Fiscal Year 2014
(Public Law 113-66) which require that electronic health
record systems of the Department of Defense and the
Department of Veterans Affairs have reached interoperability,
comply with national standards and architectural requirements
identified by the DoD/VA Interagency Program Office in
collaboration with the Office of National Coordinator for
Health Information Technology:
Provided further, That the funds made available under this
heading for information technology systems development,
modernization, and enhancement, shall be for the projects,
and in the amounts, specified under this heading in the joint
explanatory statement accompanying this Act.
office of inspector general
For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $160,106,000, of which not to exceed 10 percent shall
remain available until September 30, 2018.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406 and chapter 81 of title 38, United States
Code, not otherwise provided for, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more
than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, or where funds for a project were
made available in a previous major project appropriation,
$528,110,000, of which $478,110,000 shall remain available
until September 30, 2021, and of which $50,000,000 shall
remain available
[[Page H6077]]
until expended: Provided, That except for advance planning
activities, including needs assessments which may or may not
lead to capital investments, and other capital asset
management related activities, including portfolio
development and management activities, and investment
strategy studies funded through the advance planning fund and
the planning and design activities funded through the design
fund, including needs assessments which may or may not lead
to capital investments, and salaries and associated costs of
the resident engineers who oversee those capital investments
funded through this account and contracting officers who
manage specific major construction projects, and funds
provided for the purchase, security, and maintenance of land
for the National Cemetery Administration through the land
acquisition line item, none of the funds made available under
this heading shall be used for any project that has not been
notified to Congress through the budgetary process or that
has not been approved by the Congress through statute, joint
resolution, or in the explanatory statement accompanying such
Act and presented to the President at the time of enrollment:
Provided further, That funds made available under this
heading for fiscal year 2017, for each approved project shall
be obligated: (1) by the awarding of a construction documents
contract by September 30, 2017; and (2) by the awarding of a
construction contract by September 30, 2018: Provided
further, That the Secretary of Veterans Affairs shall
promptly submit to the Committees on Appropriations of both
Houses of Congress a written report on any approved major
construction project for which obligations are not incurred
within the time limitations established above: Provided
further, That, of the amount made available under this
heading, $222,620,000 for Veterans Health Administration
major construction projects shall not be available until the
Department of Veterans Affairs--
(1) enters into an agreement with an appropriate non-
Department of Veterans Affairs Federal entity to serve as the
design and/or construction agent for any Veterans Health
Administration major construction project with a Total
Estimated Cost of $100,000,000 or above by providing full
project management services, including management of the
project design, acquisition, construction, and contract
changes, consistent with section 502 of Public Law 114-58;
and
(2) certifies in writing that such an agreement is executed
and intended to minimize or prevent subsequent major
construction project cost overruns and provides a copy of the
agreement entered into and any required supplementary
information to the Committees on Appropriations of both
Houses of Congress.
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406 and chapter 81 of title 38, United
States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States
Code, $372,069,000, to remain available until September 30,
2021, along with unobligated balances of previous
``Construction, Minor Projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds made available under this
heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $90,000,000, to remain available
until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$45,000,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2017 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has
elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2017, in this or any other
Act, under the ``Medical Services'', ``Medical Community
Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts:
Provided, That any transfers among the ``Medical Services'',
``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act
may take place subject to notification from the Secretary of
Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support
and Compliance'' accounts in excess of 1 percent, or
exceeding the cumulative 1 percent for the fiscal year, may
take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That any transfers to or from the ``Medical
Facilities'' account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an
approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code;
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the
purchase of any site for or toward the construction of any
new hospital or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to
veterans, and persons receiving such treatment under sections
7901 through 7904 of title 5, United States Code, or the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the
``Medical Services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2016.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable only from ``Compensation and
Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2017, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans'
Special Life Insurance Fund under section 1923 of title 38,
United States Code, and the United States Government Life
Insurance Fund under section 1955 of title 38, United States
Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology
Systems'' accounts for the cost of administration of the
insurance programs financed through those accounts:
Provided, That reimbursement shall be made only from the
surplus earnings accumulated in such an insurance program
during fiscal year 2017 that are available for dividends in
that program after claims have been paid and actuarially
determined reserves have been set aside: Provided further,
That if the cost of administration of such an insurance
program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent
of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for
fiscal year 2017 which is properly allocable to the provision
of each such insurance program and to the provision of any
total disability income insurance included in that insurance
program.
Sec. 209. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by
that account during a prior fiscal year for providing
enhanced-use lease services, may be obligated during the
fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management of
the Department of Veterans Affairs and the Office of
Employment Discrimination Complaint Adjudication under
section 319 of title 38, United States Code, for all services
provided at rates which will recover actual costs but not to
exceed $47,668,000 for the Office of Resolution Management
and $3,932,000 for the Office of Employment Discrimination
Complaint Adjudication: Provided, That payments may be made
in advance for services to be furnished based on estimated
costs: Provided further, That amounts received shall be
credited to the ``General Administration'' and ``Information
Technology Systems'' accounts for use by the office that
provided the service.
Sec. 211. No funds of the Department of Veterans Affairs
shall be available for hospital
[[Page H6078]]
care, nursing home care, or medical services provided to any
person under chapter 17 of title 38, United States Code, for
a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to
the Secretary of Veterans Affairs, in such form as the
Secretary may require, current, accurate third-party
reimbursement information for purposes of section 1729 of
such title: Provided, That the Secretary may recover, in the
same manner as any other debt due the United States, the
reasonable charges for such care or services from any person
who does not make such disclosure as required: Provided
further, That any amounts so recovered for care or services
provided in a prior fiscal year may be obligated by the
Secretary during the fiscal year in which amounts are
received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, Major Projects'' and ``Construction, Minor
Projects''.
Sec. 213. Amounts made available under ``Medical
Services'' are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to the ``Medical
Services'' and ``Medical Community Care'' accounts to remain
available until expended for the purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the
State of Alaska and Indian tribes and tribal organizations
which are party to the Alaska Native Health Compact with the
Indian Health Service, to provide healthcare, including
behavioral health and dental care, to veterans in rural
Alaska. The Secretary shall require participating veterans
and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term
``rural Alaska'' shall mean those lands which are not within
the boundaries of the municipality of Anchorage or the
Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, Major Projects'' and ``Construction,
Minor Projects'' accounts, to remain available until expended
for the purposes of these accounts.
(rescission of funds)
Sec. 217. Of the amounts appropriated in title II of
division J of Public Law 114-113 under the heading ``Medical
Services'' which become available on October 1, 2016,
$7,246,181,000 are hereby rescinded.
Sec. 218. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a report on the financial status of the Department
of Veterans Affairs for the preceding quarter: Provided,
That, at a minimum, the report shall include the direction
contained in the paragraph entitled ``Quarterly reporting'',
under the heading ``General Administration'' in the joint
explanatory statement accompanying this Act.
(including transfer of funds)
Sec. 219. Amounts made available under the ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``General Operating
Expenses, Veterans Benefits Administration'', ``General
Administration'', and ``National Cemetery Administration''
accounts for fiscal year 2017 may be transferred to or from
the ``Information Technology Systems'' account: Provided,
That such transfers may not result in a more than 10 percent
aggregate increase in the total amount made available by this
Act for the ``Information Technology Systems'' account:
Provided further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
Sec. 220. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with: (1) section 842 of the Transportation, Treasury,
Housing and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2506); or (2) section
8110(a)(5) of title 38, United States Code.
(including transfer of funds)
Sec. 221. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2017 for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``Construction, Minor
Projects'', and ``Information Technology Systems'', up to
$274,731,000, plus reimbursements, may be transferred to the
Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be used
for operation of the facilities designated as combined
Federal medical facilities as described by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided,
That additional funds may be transferred from accounts
designated in this section to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary
of Veterans Affairs to the Committees on Appropriations of
both Houses of Congress: Provided further, That section 223
of title II of division J of Public Law 114-113 is repealed.
(including transfer of funds)
Sec. 222. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2017,
for ``Medical Services'', ``Medical Community Care'',
``Medical Support and Compliance'', and ``Medical
Facilities'', up to $280,802,000, plus reimbursements, may be
transferred to the Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 3571) and may be used for operation of the
facilities designated as combined Federal medical facilities
as described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds
may be transferred from accounts designated in this section
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 223. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, for healthcare provided at facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500) shall also be available: (1) for
transfer to the Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500).
(including transfer of funds)
Sec. 224. Of the amounts available in this title for
``Medical Services'', ``Medical Community Care'', ``Medical
Support and Compliance'', and ``Medical Facilities'', a
minimum of $15,000,000 shall be transferred to the DOD-VA
Health Care Sharing Incentive Fund, as authorized by section
8111(d) of title 38, United States Code, to remain available
until expended, for any purpose authorized by section 8111 of
title 38, United States Code.
Sec. 225. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to
replace the current system by which the Veterans Integrated
Service Networks select and contract for diabetes monitoring
supplies and equipment.
Sec. 226. The Secretary of Veterans Affairs shall notify
the Committees on Appropriations of both Houses of Congress
of all bid savings in a major construction project that total
at least $5,000,000, or 5 percent of the programmed amount of
the project, whichever is less: Provided, That such
notification shall occur within 14 days of a contract
identifying the programmed amount: Provided further, That
the Secretary shall notify the Committees on Appropriations
of both Houses of Congress 14 days prior to the obligation of
such bid savings and shall describe the anticipated use of
such savings.
Sec. 227. None of the funds made available for
``Construction, Major Projects'' may be used for a project in
excess of the scope specified for that project in the
original justification data provided to the Congress as part
of the request for appropriations unless the Secretary of
Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 228. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a quarterly report containing performance measures
and data from each Veterans Benefits Administration Regional
Office: Provided, That, at a minimum, the report shall
include the direction contained in the section entitled
``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the
joint explanatory statement accompanying this Act.
Sec. 229. Of the funds provided to the Department of
Veterans Affairs for fiscal year 2017 for ``Medical Support
and Compliance'' a maximum of $40,000,000 may be obligated
from the ``Medical Support and Compliance'' account for the
VistA Evolution and electronic health record interoperability
projects: Provided, That funds in addition to these amounts
may be obligated for the VistA Evolution and electronic
health record interoperability projects upon written
notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress.
[[Page H6079]]
Sec. 230. The Secretary of Veterans Affairs shall provide
written notification to the Committees on Appropriations of
both Houses of Congress 15 days prior to organizational
changes which result in the transfer of 25 or more full-time
equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 231. The Secretary of Veterans Affairs shall provide
on a quarterly basis to the Committees on Appropriations of
both Houses of Congress notification of any single national
outreach and awareness marketing campaign in which
obligations exceed $2,000,000.
(including transfer of funds)
Sec. 232. The Secretary of Veterans Affairs, upon
determination that such action is necessary to address needs
of the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations
made available for fiscal year 2017 in this title (except
appropriations made to the ``General Operating Expenses,
Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of
Veterans Affairs, including those appropriated for fiscal
year 2017, that were provided in advance by appropriations
Acts: Provided, That transfers shall be made only with the
approval of the Office of Management and Budget: Provided
further, That the transfer authority provided in this section
is in addition to any other transfer authority provided by
law: Provided further, That no amounts may be transferred
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such authority to transfer may
not be used unless for higher priority items, based on
emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by Congress:
Provided further, That, upon determination that all or part
of the funds transferred from an appropriation are not
necessary, such amounts may be transferred back to that
appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
(including transfer of funds)
Sec. 233. Amounts made available for the Department of
Veterans Affairs for fiscal year 2017, under the ``Board of
Veterans Appeals'' and the ``General Operating Expenses,
Veterans Benefits Administration'' accounts may be
transferred between such accounts: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
Sec. 234. The Secretary of Veterans Affairs may not
reprogram funds among major construction projects or programs
if such instance of reprogramming will exceed $5,000,000,
unless such reprogramming is approved by the Committees on
Appropriations of both Houses of Congress.
(rescission of funds)
Sec. 235. Of the unobligated balances available within the
``DOD-VA Health Care Sharing Incentive Fund'', $40,000,000
are hereby rescinded.
(rescissions of funds)
Sec. 236. Of the discretionary funds made available in
Public Law 114-113 for the Department of Veterans Affairs for
fiscal year 2017, $134,000,000 are rescinded from ``Medical
Services'', $26,000,000 are rescinded from ``Medical Support
and Compliance'', and $9,000,000 are rescinded from ``Medical
Facilities''.
Sec. 237. The amounts otherwise made available by this Act
for the following accounts of the Department of Veterans
Affairs are hereby reduced by the following amounts:
(1) ``Veterans Health Administration--Medical and
Prosthetic Research'', $2,000,000.
(2) ``Departmental Administration--Board of Veterans
Appeals'', $500,000.
(3) ``Veterans Benefits Administration--General Operating
Expenses, Veterans Benefits Administration'', $12,000,000.
(4) ``Departmental Administration--Information Technology
Systems'', $8,000,000.
(5) ``Departmental Administration--Office of Inspector
General'', $500,000.
Sec. 238. The Secretary of Veterans Affairs shall ensure
that the toll-free suicide hotline under section 1720F(h) of
title 38, United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
Sec. 239. (a) The Secretary of Veterans Affairs shall treat
a marriage and family therapist described in subsection (b)
as qualified to serve as a marriage and family therapist in
the Department of Veterans Affairs, regardless of any
requirements established by the Commission on Accreditation
for Marriage and Family Therapy Education.
(b) A marriage and family therapist described in this
subsection is a therapist who meets each of the following
criteria:
(1) Has a masters or higher degree in marriage and family
therapy, or a related field, from a regionally accredited
institution.
(2) Is licensed as a marriage and family therapist in a
State (as defined in section 101(20) of title 38, United
States Code) and possesses the highest level of licensure
offered from the State.
(3) Has passed the Association of Marital and Family
Therapy Regulatory Board Examination in Marital and Family
Therapy or a related examination for licensure administered
by a State (as so defined).
Sec. 240. None of the funds in this or any other Act may
be used to close Department of Veterans Affairs (VA)
hospitals, domiciliaries, or clinics, conduct an
environmental assessment, or to diminish healthcare services
at existing Veterans Health Administration medical facilities
located in Veterans Integrated Service Network 23 as part of
a planned realignment of VA services until the Secretary
provides to the Committees on Appropriations of both Houses
of Congress a report including the following elements:
(1) a national realignment strategy that includes a
detailed description of realignment plans within each
Veterans Integrated Service Network (VISN), including an
updated Long Range Capital Plan to implement realignment
requirements;
(2) an explanation of the process by which those plans were
developed and coordinated within each VISN;
(3) a cost vs. benefit analysis of each planned
realignment, including the cost of replacing Veterans Health
Administration services with contract care or other
outsourced services;
(4) an analysis of how any such planned realignment of
services will impact access to care for veterans living in
rural or highly rural areas, including travel distances and
transportation costs to access a VA medical facility and
availability of local specialty and primary care;
(5) an inventory of VA buildings with historic designation
and the methodology used to determine the buildings'
condition and utilization;
(6) a description of how any realignment will be consistent
with requirements under the National Historic Preservation
Act; and
(7) consideration given for reuse of historic buildings
within newly identified realignment requirements: Provided,
That, this provision shall not apply to capital projects in
VISN 23, or any other VISN, which have been authorized or
approved by Congress.
Sec. 241. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the
Department of Veterans Affairs may be used to transfer any
amounts from the Filipino Veterans Equity Compensation Fund
to any other account within the Department of Veterans
Affairs.
Sec. 242. Paragraph (3) of section 403(a) of the Veterans'
Mental Health and Other Care Improvements Act of 2008 (Public
Law 110-387; 38 U.S.C. 1703 note) is amended to read as
follows:
``(3) Duration.--A veteran may receive health services
under this section during the period beginning on the date
specified in paragraph (2) and ending on September 30,
2017.''.
Sec. 243. (a) Section 1722A(a) of title 38, United States
Code, is amended by adding at the end the following new
paragraph:
``(4) Paragraph (1) does not apply to opioid antagonists
furnished under this chapter to a veteran who is at high risk
for overdose of a specific medication or substance in order
to reverse the effect of such an overdose.''.
(b) Section 1710(g)(3) of such title is amended--
(1) by striking ``with respect to home health services''
and inserting ``with respect to the following:''
``(A) Home health services''; and
(2) by adding at the end the following new subparagraph:
``(B) Education on the use of opioid antagonists to reverse
the effects of overdoses of specific medications or
substances.''.
Sec. 244. Section 312 of title 38, United States Code, is
amended in subsection (c)(1) by striking the phrase ``that
makes a recommendation or otherwise suggests corrective
action,''.
Sec. 245. Of the funds provided to the Department of
Veterans Affairs for each of fiscal year 2017 and fiscal year
2018 for ``Medical Services'', funds may be used in each year
to carry out and expand the child care program authorized by
section 205 of Public Law 111-163, notwithstanding subsection
(e) of such section.
Sec. 246. Section 5701(l) of title 38, United States Code,
is amended by striking ``may'' and inserting ``shall''.
VA Patient Protection Act of 2016
Sec. 247. (a) Procedure and Administration.--
(1) In General.--Chapter 7 of title 38, United States Code,
is amended by adding at the end the following new subchapter:
``SUBCHAPTER II--WHISTLEBLOWER COMPLAINTS
``Sec. 731. Whistleblower complaint defined
``In this subchapter, the term `whistleblower complaint'
means a complaint by an employee of the Department
disclosing, or assisting another employee to disclose, a
potential violation of any law, rule, or regulation, or gross
mismanagement, gross waste of funds, abuse of authority, or
substantial and specific danger to public health and safety.
``Sec. 732. Treatment of whistleblower complaints
``(a) Filing.--(1) In addition to any other method
established by law in which an employee may file a
whistleblower complaint, an employee of the Department may
file a whistleblower complaint in accordance with subsection
(g) with a supervisor of the employee.
``(2) Except as provided by subsection (d)(1), in making a
whistleblower complaint under paragraph (1), an employee
shall file the initial complaint with the immediate
supervisor of the employee.
``(b) Notification.--(1)(A) Not later than four business
days after the date on which a supervisor receives a
whistleblower complaint by an employee under this section,
the supervisor shall notify, in writing, the employee of
whether the supervisor determines that there is a reasonable
likelihood that the complaint discloses a
[[Page H6080]]
violation of any law, rule, or regulation, or gross
mismanagement, gross waste of funds, abuse of authority, or
substantial and specific danger to public health and safety.
``(B) The supervisor shall retain written documentation
regarding the whistleblower complaint and shall submit to the
next-level supervisor and the central whistleblower office
described in subsection (h) a written report on the
complaint.
``(2)(A) On a monthly basis, the supervisor shall submit to
the appropriate director or other official who is superior to
the supervisor a written report that includes the number of
whistleblower complaints received by the supervisor under
this section during the month covered by the report, the
disposition of such complaints, and any actions taken because
of such complaints pursuant to subsection (c).
``(B) In the case in which such a director or official
carries out this paragraph, the director or official shall
submit such monthly report to the supervisor of the director
or official and to the central whistleblower office described
in subsection (h).
``(c) Positive Determination.--If a supervisor makes a
positive determination under subsection (b)(1) regarding a
whistleblower complaint of an employee, the supervisor shall
include in the notification to the employee under such
subsection the specific actions that the supervisor will take
to address the complaint.
``(d) Filing Complaint With Next-Level Supervisors.--(1) If
any circumstance described in paragraph (3) is met, an
employee may file a whistleblower complaint in accordance
with subsection (g) with the next-level supervisor who shall
treat such complaint in accordance with this section.
``(2) An employee may file a whistleblower complaint with
the Secretary if the employee has filed the whistleblower
complaint to each level of supervisors between the employee
and the Secretary in accordance with paragraph (1).
``(3) A circumstance described in this paragraph is any of
the following circumstances:
``(A) A supervisor does not make a timely determination
under subsection (b)(1) regarding a whistleblower complaint.
``(B) The employee who made a whistleblower complaint
determines that the supervisor did not adequately address the
complaint pursuant to subsection (c).
``(C) The immediate supervisor of the employee is the basis
of the whistleblower complaint.
``(e) Transfer of Employee Who Files Whistleblower
Complaint.--If a supervisor makes a positive determination
under subsection (b)(1) regarding a whistleblower complaint
filed by an employee, the Secretary shall--
``(1) inform the employee of the ability to volunteer for a
transfer in accordance with section 3352 of title 5; and
``(2) give preference to the employee for such a transfer
in accordance with such section.
``(f) Prohibition on Exemption.--The Secretary may not
exempt any employee of the Department from being covered by
this section.
``(g) Whistleblower Complaint Form.--(1) A whistleblower
complaint filed by an employee under subsection (a) or (d)
shall consist of the form described in paragraph (2) and any
supporting materials or documentation the employee determines
necessary.
``(2) The form described in this paragraph is a form
developed by the Secretary, in consultation with the Special
Counsel, that includes the following:
``(A) An explanation of the purpose of the whistleblower
complaint form.
``(B) Instructions for filing a whistleblower complaint as
described in this section.
``(C) An explanation that filing a whistleblower complaint
under this section does not preclude the employee from any
other method established by law in which an employee may file
a whistleblower complaint.
``(D) A statement directing the employee to information
accessible on the Internet website of the Department as
described in section 735(d).
``(E) Fields for the employee to provide--
``(i) the date that the form is submitted;
``(ii) the name of the employee;
``(iii) the contact information of the employee;
``(iv) a summary of the whistleblower complaint (including
the option to append supporting documents pursuant to
paragraph (1)); and
``(v) proposed solutions to the complaint.
``(F) Any other information or fields that the Secretary
determines appropriate.
``(3) The Secretary, in consultation with the Special
Counsel, shall develop the form described in paragraph (2) by
not later than 60 days after the date of the enactment of
this section.
``(h) Central Whistleblower Office.--(1) The Secretary
shall ensure that the central whistleblower office--
``(A) is not an element of the Office of the General
Counsel;
``(B) is not headed by an official who reports to the
General Counsel;
``(C) does not provide, or receive from, the General
Counsel any information regarding a whistleblower complaint
except pursuant to an action regarding the complaint before
an administrative body or court; and
``(D) does not provide advice to the General Counsel.
``(2) The central whistleblower office shall be responsible
for investigating all whistleblower complaints of the
Department, regardless of whether such complaints are made by
or against an employee who is not a member of the Senior
Executive Service.
``(3) The Secretary shall ensure that the central
whistleblower office maintains a toll-free hotline to
anonymously receive whistleblower complaints.
``(4) The Secretary shall ensure that the central
whistleblower office has such staff and resources as the
Secretary considers necessary to carry out the functions of
the central whistleblower office.
``(5) In this subsection, the term `central whistleblower
office' means the Office of Accountability Review or a
successor office that is established or designated by the
Secretary to investigate whistleblower complaints filed under
this section or any other method established by law.
``Sec. 733. Adverse actions against supervisory employees who
commit prohibited personnel actions relating to
whistleblower complaints
``(a) In General.--(1) In accordance with paragraph (2),
the Secretary shall carry out the following adverse actions
against supervisory employees (as defined in section 7103(a)
of title 5) whom the Secretary, an administrative judge, the
Merit Systems Protection Board, the Office of Special
Counsel, an adjudicating body provided under a union
contract, a Federal judge, or the Inspector General of the
Department determines committed a prohibited personnel action
described in subsection (c):
``(A) With respect to the first offense, an adverse action
that is not less than a 12-day suspension and not more than
removal.
``(B) With respect to the second offense, removal.
``(2)(A) An employee against whom an adverse action under
paragraph (1) is proposed is entitled to written notice.
``(B)(i) An employee who is notified under subparagraph (A)
of being the subject of a proposed adverse action under
paragraph (1) is entitled to 14 days following such
notification to answer and furnish evidence in support of the
answer.
``(ii) If the employee does not furnish any such evidence
as described in clause (i) or if the Secretary determines
that such evidence is not sufficient to reverse the
determination to propose the adverse action, the Secretary
shall carry out the adverse action following such 14-day
period.
``(C) Paragraphs (1) and (2) of subsection (b) of section
7513 of title 5, subsection (c) of such section, paragraphs
(1) and (2) of subsection (b) of section 7543 of such title,
and subsection (c) of such section shall not apply with
respect to an adverse action carried out under paragraph (1).
``(b) Limitation on Other Adverse Actions.--With respect to
a prohibited personnel action described in subsection (c), if
the Secretary carries out an adverse action against a
supervisory employee, the Secretary may carry out an
additional adverse action under this section based on the
same prohibited personnel action if the total severity of the
adverse actions do not exceed the level specified in
subsection (a).
``(c) Prohibited Personnel Action Described.--A prohibited
personnel action described in this subsection is any of the
following actions:
``(1) Taking or failing to take a personnel action in
violation of section 2302 of title 5 against an employee
relating to the employee--
``(A) filing a whistleblower complaint in accordance with
section 732 of this title;
``(B) filing a whistleblower complaint with the Inspector
General of the Department, the Special Counsel, or Congress;
``(C) providing information or participating as a witness
in an investigation of a whistleblower complaint in
accordance with section 732 or with the Inspector General of
the Department, the Special Counsel, or Congress;
``(D) participating in an audit or investigation by the
Comptroller General of the United States;
``(E) refusing to perform an action that is unlawful or
prohibited by the Department; or
``(F) engaging in communications that are related to the
duties of the position or are otherwise protected.
``(2) Preventing or restricting an employee from making an
action described in any of subparagraphs (A) through (F) of
paragraph (1).
``(3) Conducting a negative peer review or opening a
retaliatory investigation because of an activity of an
employee that is protected by section 2302 of title 5.
``(4) Requesting a contractor to carry out an action that
is prohibited by section 4705(b) or section 4712(a)(1) of
title 41, as the case may be.
``Sec. 734. Evaluation criteria of supervisors and treatment
of bonuses
``(a) Evaluation Criteria.--(1) In evaluating the
performance of supervisors of the Department, the Secretary
shall include the criteria described in paragraph (2).
``(2) The criteria described in this subsection are the
following:
``(A) Whether the supervisor treats whistleblower
complaints in accordance with section 732 of this title.
``(B) Whether the appropriate deciding official,
performance review board, or performance review committee
determines that the supervisor was found to have committed a
prohibited personnel action described in section 733(b) of
this title by an administrative judge, the Merit Systems
Protection Board, the Office of Special Counsel, an
adjudicating body provided under a union contract, a Federal
judge, or, in the case of a settlement of a whistleblower
complaint (regardless of whether any fault was assigned under
such settlement), the Secretary.
``(b) Bonuses.--(1) The Secretary may not pay to a
supervisor described in subsection (a)(2)(B) an award or
bonus under this title or title 5, including under chapter 45
or 53 of such title, during the one-year period beginning on
the date on which the determination was made under such
subsection.
``(2) Notwithstanding any other provision of law, the
Secretary shall issue an order directing a supervisor
described in subsection (a)(2)(B) to
[[Page H6081]]
repay the amount of any award or bonus paid under this title
or title 5, including under chapter 45 or 53 of such title,
if--
``(A) such award or bonus was paid for performance during a
period in which the supervisor committed a prohibited
personnel action as determined pursuant to such subsection
(a)(2)(B);
``(B) the Secretary determines such repayment appropriate
pursuant to regulations prescribed by the Secretary to carry
out this section; and
``(C) the supervisor is afforded notice and an opportunity
for a hearing before making such repayment.
``Sec. 735. Training regarding whistleblower complaints
``(a) Training.--Not less frequently than once each year,
the Secretary, in coordination with the Whistleblower
Protection Ombudsman designated under section 3(d)(1)(C) of
the Inspector General Act of 1978 (5 U.S.C. App.), shall
provide to each employee of the Department training regarding
whistleblower complaints, including--
``(1) an explanation of each method established by law in
which an employee may file a whistleblower complaint;
``(2) an explanation of prohibited personnel actions
described by section 733(c) of this title;
``(3) with respect to supervisors, how to treat
whistleblower complaints in accordance with section 732 of
this title;
``(4) the right of the employee to petition Congress
regarding a whistleblower complaint in accordance with
section 7211 of title 5;
``(5) an explanation that the employee may not be
prosecuted or reprised against for disclosing information to
Congress, the Inspector General, or another investigatory
agency in instances where such disclosure is permitted by
law, including under sections 5701, 5705, and 7732 of this
title, under section 552a of title 5 (commonly referred to as
the Privacy Act), under chapter 93 of title 18, and pursuant
to regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (Public
Law 104-191);
``(6) an explanation of the language that is required to be
included in all nondisclosure policies, forms, and agreements
pursuant to section 115(a)(1) of the Whistleblower Protection
Enhancement Act of 2012 (5 U.S.C. 2302 note); and
``(7) the right of contractors to be protected from
reprisal for the disclosure of certain information under
section 4705 or 4712 of title 41.
``(b) Manner Training Is Provided.--The Secretary shall
ensure that training provided under subsection (a) is
provided in person.
``(c) Certification.--Not less frequently than once each
year, the Secretary shall provide training on merit system
protection in a manner that the Special Counsel certifies as
being satisfactory.
``(d) Publication.--(1) The Secretary shall publish on the
Internet website of the Department, and display prominently
at each facility of the Department, the rights of an employee
to file a whistleblower complaint, including the information
described in paragraphs (1) through (7) of subsection (a).
``(2) The Secretary shall publish on the Internet website
of the Department, the whistleblower complaint form described
in section 732(g)(2).
``Sec. 736. Reports to Congress
``(a) Annual Reports.--Not less frequently than once each
year, the Secretary shall submit to the appropriate
committees of Congress a report that includes--
``(1) with respect to whistleblower complaints filed under
section 732 of this title during the year covered by the
report--
``(A) the number of such complaints filed;
``(B) the disposition of such complaints; and
``(C) the ways in which the Secretary addressed such
complaints in which a positive determination was made by a
supervisor under subsection (b)(1) of such section;
``(2) the number of whistleblower complaints filed during
the year covered by the report that are not included under
paragraph (1), including--
``(A) the method in which such complaints were filed;
``(B) the disposition of such complaints; and
``(C) the ways in which the Secretary addressed such
complaints; and
``(3) with respect to disclosures made by a contractor
under section 4705 or 4712 of title 41--
``(A) the number of complaints relating to such disclosures
that were investigated by the Inspector General of the
Department of Veterans Affairs during the year covered by the
report;
``(B) the disposition of such complaints; and
``(C) the ways in which the Secretary addressed such
complaints.
``(b) Notice of Office of Special Counsel Determinations.--
Not later than 30 days after the date on which the Secretary
receives from the Special Counsel information relating to a
whistleblower complaint pursuant to section 1213 of title 5,
the Secretary shall notify the appropriate committees of
Congress of such information, including the determination
made by the Special Counsel.
``(c) Appropriate Committees of Congress.--In this section,
the term `appropriate committees of Congress' means--
``(1) the Committee on Veterans' Affairs and the Committee
on Homeland Security and Governmental Affairs of the Senate;
and
``(2) the Committee on Veterans' Affairs and the Committee
on Oversight and Government Reform of the House of
Representatives.''.
(2) Conforming and Clerical Amendments.--
(A) Conforming amendment.--Such chapter is further amended
by inserting before section 701 the following:
``SUBCHAPTER I--GENERAL EMPLOYEE MATTERS''.
(B) Clerical amendments.--The table of sections at the
beginning of such chapter is amended--
(i) by inserting before the item relating to section 701
the following new item:
``subchapter i--general employee matters'';
and
(ii) by adding at the end the following new items:
``subchapter ii--whistleblower complaints
``731. Whistleblower complaint defined.
``732. Treatment of whistleblower complaints.
``733. Adverse actions against supervisory employees who commit
prohibited personnel actions relating to whistleblower
complaints.
``734. Evaluation criteria of supervisors and treatment of bonuses.
``735. Training regarding whistleblower complaints.
``736. Reports to Congress.''.
(b) Treatment of Congressional Testimony by Department of
Veterans Affairs Employees as Official Duty.--
(1) In general.--Subchapter I of chapter 7 of title 38,
United States Code, as designated by section 2(a)(2)(A), is
amended by adding at the end the following new section:
``Sec. 715. Congressional testimony by employees: treatment
as official duty
``(a) Congressional Testimony.--An employee of the
Department is performing official duty during the period with
respect to which the employee is testifying in an official
capacity in front of either chamber of Congress, a committee
of either chamber of Congress, or a joint or select committee
of Congress.
``(b) Travel Expenses.--The Secretary shall provide travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, to any employee of the Department of
Veterans Affairs performing official duty described under
subsection (a).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter, as amended by section 2(a)(2)(B),
is further amended by inserting after the item relating to
section 713 the following new item:
``715. Congressional testimony by employees: treatment as official
duty.''.
Sec. 248. (a) In General.--For the purposes of verifying
that an individual performed service under honorable
conditions that satisfies the requirements of a coastwise
merchant seaman who is recognized pursuant to section 401 of
the GI Bill Improvement Act of 1977 (Public Law 95-202; 38
U.S.C. 106 note) as having performed active duty service for
the purposes described in subsection (c)(1), the Secretary of
Defense shall accept the following:
(1) In the case of an individual who served on a coastwise
merchant vessel seeking such recognition for whom no
applicable Coast Guard shipping or discharge form, ship
logbook, merchant mariner's document or Z-card, or other
official employment record is available, the Secretary of
Defense shall provide such recognition on the basis of
applicable Social Security Administration records submitted
for or by the individual, together with validated testimony
given by the individual or the primary next of kin of the
individual that the individual performed such service during
the period beginning on December 7, 1941, and ending on
December 31, 1946.
(2) In the case of an individual who served on a coastwise
merchant vessel seeking such recognition for whom the
applicable Coast Guard shipping or discharge form, ship
logbook, merchant mariner's document or Z-card, or other
official employment record has been destroyed or otherwise
become unavailable by reason of any action committed by a
person responsible for the control and maintenance of such
form, logbook, or record, the Secretary of Defense shall
accept other official documentation demonstrating that the
individual performed such service during period beginning on
December 7, 1941, and ending on December 31, 1946.
(3) For the purpose of determining whether to recognize
service allegedly performed during the period beginning on
December 7, 1941, and ending on December 31, 1946, the
Secretary shall recognize masters of seagoing vessels or
other officers in command of similarly organized groups as
agents of the United States who were authorized to document
any individual for purposes of hiring the individual to
perform service in the merchant marine or discharging an
individual from such service.
(b) Treatment of Other Documentation.--Other documentation
accepted by the Secretary of Defense pursuant to subsection
(a)(2) shall satisfy all requirements for eligibility of
service during the period beginning on December 7, 1941, and
ending on December 31, 1946.
(c) Benefits Allowed.--
(1) Medals, ribbons, and decorations.--An individual whose
service is recognized as active duty pursuant to subsection
(a) may be awarded an appropriate medal, ribbon, or other
military decoration based on such service.
(2) Status of veteran.--An individual whose service is
recognized as active duty pursuant to subsection (a) shall be
honored as a veteran but shall not be entitled by reason of
such recognized service to any benefit that is not described
in this subsection.
Sec. 249. Section 322(d)(1) of title 38, United States
Code, is amended--
(1) by striking ``allowance to a veteran'' and inserting
the following: ``allowance to--
``(A) a veteran'';
(2) in subparagraph (A), as designated by paragraph (1), by
striking the period at the end and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
[[Page H6082]]
``(B) a veteran with a VA service-connected disability
rated as 30 percent or greater by the Department of Veterans
Affairs who is selected by the United States Olympic
Committee for the United States Olympic Team for any month in
which the veteran is competing in any event sanctioned by the
National Governing Bodies of the United States Olympic
Sports.''.
Sec. 250. (a) In General.--Section 111(b)(1) of title 38,
United States Code, is amended by adding at the end the
following new subparagraph:
``(G) A veteran with vision impairment, a veteran with a
spinal cord injury or disorder, or a veteran with double or
multiple amputations whose travel is in connection with care
provided through a special disabilities rehabilitation
program of the Department (including programs provided by
spinal cord injury centers, blind rehabilitation centers, and
prosthetics rehabilitation centers) if such care is
provided--
``(i) on an in-patient basis; or
``(ii) during a period in which the Secretary provides the
veteran with temporary lodging at a facility of the
Department to make such care more accessible to the
veteran.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the beneficiary travel program
under section 111 of title 38, United States Code, as amended
by subsection (a), that includes the following:
(1) The cost of the program.
(2) The number of veterans served by the program.
(3) Such other matters as the Secretary considers
appropriate.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on the first day of the first fiscal year
that begins after the date of the enactment of this Act.
Sec. 251. (a) In General.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall establish a program to conduct inspections of
kitchens and food service areas at each medical facility of
the Department of Veterans Affairs. Such inspections shall
occur not less frequently than annually. The program's goal
is to ensure that the same standards for kitchens and food
service areas at hospitals in the private sector are being
met at kitchens and food service areas at medical facilities
of the Department.
(b) Agreement.--
(1) In general.--The Secretary shall seek to enter into an
agreement with the Joint Commission on Accreditation of
Hospital Organizations under which the Joint Commission on
Accreditation of Hospital Organizations conducts the
inspections required under subsection (a).
(2) Alternate organization.--If the Secretary is unable to
enter into an agreement described in paragraph (1) with the
Joint Commission on Accreditation of Hospital Organizations
on terms acceptable to the Secretary, the Secretary shall
seek to enter into such an agreement with another appropriate
organization that--
(A) is not part of the Federal Government;
(B) operates as a not-for-profit entity; and
(C) has expertise and objectivity comparable to that of the
Joint Commission on Accreditation of Hospital Organizations.
(c) Remediation Plan.--
(1) Initial failure.--If a kitchen or food service area of
a medical facility of the Department is determined pursuant
to an inspection conducted under subsection (a) not to meet
the standards for kitchens and food service areas in
hospitals in the private sector, that medical facility fails
the inspection and the Secretary shall--
(A) implement a remediation plan for that medical facility
within 72 hours; and
(B) Conduct a second inspection under subsection (a) at
that medical facility within 14 days of the failed
inspection.
(2) Second failure.--If a medical facility of the
Department fails the second inspection conducted under
paragraph (1)(B), the Secretary shall close the kitchen or
food service area at that medical facility that did not meet
the standards for kitchens and food service areas in
hospitals in the private sector until full remediation is
completed and all kitchens and food service areas at that
medical facility meet such standards.
(3) Provision of food.--If a kitchen or food service area
is closed at a medical facility of the Department pursuant to
paragraph (2), the Director of the Veterans Integrated
Service Network in which the medical facility is located
shall enter into a contract with a vendor approved by the
General Services Administration to provide food at the
medical facility.
(d) Quarterly Reports.--Not less frequently than quarterly,
the Under Secretary of Health shall submit to Congress a
report on inspections conducted under this section, and their
detailed findings and actions taken, during the preceding
quarter at medical facilities of the Department.
Sec. 252. (a) In General.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall establish a program to conduct risk-based
inspections for mold and mold issues at each medical facility
of the Department of Veterans Affairs. Such facilities will
be rated high, medium, or low risk for mold. Such inspections
at facilities rated high risk shall occur not less frequently
than annually, and such inspections at facilities rated
medium or low risk shall occur not less frequently than
biennially.
(b) Agreement.--
(1) In general.--The Secretary shall seek to enter into an
agreement with the Joint Commission on Accreditation of
Hospital Organizations under which the Joint Commission on
Accreditation of Hospital Organizations conducts the
inspections required under subsection (a).
(2) Alternate organization.--If the Secretary is unable to
enter into an agreement described in paragraph (1) with the
Joint Commission on Accreditation of Hospital Organizations
on terms acceptable to the Secretary, the Secretary shall
seek to enter into such an agreement with another appropriate
organization that--
(A) is not part of the Federal Government;
(B) operates as a not-for-profit entity; and
(C) has expertise and objectivity comparable to that of the
Joint Commission on Accreditation of Hospital Organizations.
(c) Remediation Plan.--If a medical facility of the
Department is determined pursuant to an inspection conducted
under subsection (a) to have a mold issue, the Secretary
shall--
(1) implement a remediation plan for that medical facility
within 7 days; and
(2) Conduct a second inspection under subsection (a) at
that medical facility within 90 days of the initial
inspection.
(d) Quarterly Reports.--Not less frequently than quarterly,
the Under Secretary for Health shall submit to Congress a
report on inspections conducted under this section, and their
detailed findings and actions taken, during the preceding
quarter at medical facilities of the Department.
Sec. 253. Section 1706(b)(5)(A) of title 38, United States
Code, is amended, in the first sentence, by striking
``through 2008''.
Sec. 254. (a) The Secretary of Veterans Affairs may use
amounts appropriated or otherwise made available in this
title to ensure that the ratio of veterans to full-time
employment equivalents within any program of rehabilitation
conducted under chapter 31 of title 38, United States Code,
does not exceed 125 veterans to one full-time employment
equivalent.
(b) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report
on the programs of rehabilitation conducted under chapter 31
of title 38, United States Code, including--
(1) an assessment of the veteran-to-staff ratio for each
such program; and
(2) recommendations for such action as the Secretary
considers necessary to reduce the veteran-to-staff ratio for
each such program.
Sec. 255. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this
Act timely access to any records, documents, or other
materials available to the department or agency over which
that Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.), or to prevent
or impede that Inspector General's access to such records,
documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the
Inspector General and expressly limits the Inspector
General's right of access.
(b) A department or agency covered by this section shall
provide its Inspector General with access to all such
records, documents, and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with
statutory limitations on disclosure relevant to the
information provided by the establishment over which that
Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committees on Appropriations of the House of
Representatives and the Senate within 5 calendar days any
failures to comply with this requirement.
Sec. 256. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of
Veterans Affairs to enter into an agreement related to
resolving a dispute or claim with an individual that would
restrict in any way the individual from speaking to members
of Congress or their staff on any topic not otherwise
prohibited from disclosure by Federal law or required by
Executive Order to be kept secret in the interest of national
defense or the conduct of foreign affairs.
Sec. 257. Appropriations made available in this Act under
the heading ``Medical Services'' shall be available to carry
out sections 322(d) and 521A of title 38, United States Code,
to include the payment of the administrative expenses
necessary to carry out such sections. Of the amount
appropriated for fiscal year 2017, up to $2,000,000 shall be
available for the payment of monthly assistance allowances to
veterans pursuant to 38 U.S.C. 322(d) and up to $8,000,000
shall be available for the payment of grants pursuant to 38
U.S.C. 521A. Of the amounts appropriated in advance for
fiscal year 2018, up to $2,000,000 shall be available for the
payment of monthly assistance allowances to veterans pursuant
to 38 U.S.C. 322(d) and up to $8,000,000 shall be available
for the payment of grants pursuant to 38 U.S.C. 521A.
Sec. 258. (a) In fiscal year 2017 and each fiscal year
hereafter, beginning with the fiscal year 2018 budget request
submitted to Congress pursuant to section 1105(a) of title
31, United States Code, the budget justification documents
submitted for the ``Construction, Major Projects'' account of
the Department of Veterans Affairs shall include, at a
minimum, the information required under subsection (b).
(b) The budget justification documents submitted pursuant
to subsection (a) shall include, for each project--
(1) the estimated total cost of the project;
(2) the funding provided for each fiscal year prior to the
budget year;
(3) the amount requested for the budget year;
(4) the estimated funding required for the project for each
of the 4 fiscal years succeeding the budget year; and
(5) such additional information as is enumerated under the
heading relating to the ``Construction, Major Projects''
account of the Department of Veterans Affairs in the joint
explanatory statement accompanying this Act.
(c) Not later than 45 days after the date of enactment of
this Act, the Secretary of Veterans
[[Page H6083]]
Affairs shall submit to the Committees on Appropriations of
both Houses of Congress a proposed budget justification
template that complies with the requirements of this section.
Sec. 259. (a) The Secretary of Veterans Affairs may carry
out the following major medical facility projects, with each
project to be carried out in an amount not to exceed the
amount specified for that project:
(1) Seismic corrections to buildings, including
retrofitting and replacement of high-risk buildings, in San
Francisco, California, in an amount not to exceed
$180,480,000.
(2) Seismic corrections to facilities, including facilities
to support homeless veterans, at the medical center in West
Los Angeles, California, in an amount not to exceed
$105,500,000.
(3) Seismic corrections to the mental health and community
living center in Long Beach, California, in an amount not to
exceed $287,100,000.
(4) Construction of an outpatient clinic, administrative
space, cemetery, and columbarium in Alameda, California, in
an amount not to exceed $87,332,000.
(5) Realignment of medical facilities in Livermore,
California, in an amount not to exceed $194,430,000.
(6) Construction of a medical center in Louisville,
Kentucky, in an amount not to exceed $150,000,000.
(7) Construction of a replacement community living center
in Perry Point, Maryland, in an amount not to exceed
$92,700,000.
(8) Seismic corrections and other renovations to several
buildings and construction of a specialty care building in
American Lake, Washington, in an amount not to exceed
$16,260,000.
(b) There is authorized to be appropriated to the Secretary
of Veterans Affairs for fiscal year 2016 or the year in which
funds are appropriated for the Construction, Major Projects,
account, $1,113,802,000 for the projects authorized in
subsection (a).
(c) The projects authorized in subsection (a) may only be
carried out using--
(1) funds appropriated for fiscal year 2016 pursuant to the
authorization of appropriations in subsection (b);
(2) funds available for Construction, Major Projects, for a
fiscal year before fiscal year 2016 that remain available for
obligation;
(3) funds available for Construction, Major Projects, for a
fiscal year after fiscal year 2016 that remain available for
obligation;
(4) funds appropriated for Construction, Major Projects,
for fiscal year 2016 for a category of activity not specific
to a project;
(5) funds appropriated for Construction, Major Projects,
for a fiscal year before fiscal year 2016 for a category of
activity not specific to a project; and
(6) funds appropriated for Construction, Major Projects,
for a fiscal year after fiscal year 2016 for a category of
activity not specific to a project.
Sec. 260. (a) Notwithstanding any other provision of law,
the amounts appropriated or otherwise made available to the
Department of Veterans Affairs for the ``Medical Services''
account may be used to provide--
(1) fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of
a covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ``covered veteran'' means a veteran, as such
term is defined in section 101 of title 38, United States
Code, who has a service-connected disability that results in
the inability of the veteran to procreate without the use of
fertility treatment.
(3) The term ``assisted reproductive technology'' means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of
title 10, United States Code, as described in the memorandum
on the subject of ``Policy for Assisted Reproductive Services
for the Benefit of Seriously or Severely Ill/Injured
(Category II or III) Active Duty Service Members'' issued by
the Assistant Secretary of Defense for Health Affairs on
April 3, 2012, and the guidance issued to implement such
policy, including any limitations on the amount of such
benefits available to such a member.
(4) The term ``adoption reimbursement'' means reimbursement
for the adoption-related expenses for an adoption that is
finalized after the date of the enactment of this Act under
the same terms as apply under the adoption reimbursement
program of the Department of Defense, as authorized in
Department of Defense Instruction 1341.09, including the
reimbursement limits and requirements set forth in such
instruction.
(c) Amounts made available for the purposes specified in
subsection (a) of this section are subject to the
requirements for funds contained in section 508 of division H
of the Consolidated Appropriations Act, 2016 (Public Law 114-
113).
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement basis
only) and hire of passenger motor vehicles; not to exceed
$7,500 for official reception and representation expenses;
and insurance of official motor vehicles in foreign
countries, when required by law of such countries,
$75,100,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$30,945,000: Provided, That $2,500,000 shall be available
for the purpose of providing financial assistance as
described, and in accordance with the process and reporting
procedures set forth, under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-
for-one basis only, and not to exceed $1,000 for official
reception and representation expenses, $70,800,000, of which
not to exceed $15,000,000 shall remain available until
September 30, 2019. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement,
to be derived from the ``Lease of Department of Defense Real
Property for Defense Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$64,300,000, of which $1,000,000 shall remain available until
expended for construction and renovation of the physical
plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--
Gulfport, Mississippi: Provided, That of the amounts made
available under this heading from funds available in the
Armed Forces Retirement Home Trust Fund, $22,000,000 shall be
paid from the general fund of the Treasury to the Trust Fund.
Administrative Provisions
Sec. 301. Funds appropriated in this Act under the heading
``Department of Defense--Civil, Cemeterial Expenses, Army'',
may be provided to Arlington County, Virginia, for the
relocation of the federally owned water main at Arlington
National Cemetery, making additional land available for
ground burials.
Sec. 302. Amounts deposited into the special account
established under 10 U.S.C. 4727 are appropriated and shall
be available until expended to support activities at the Army
National Military Cemeteries.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction,
Army'', $18,900,000, to remain available until September 30,
2021, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $59,809,000, to remain available until
September 30, 2021, for projects outside of the United
States: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'' $88,291,000, to remain available until September 30,
2021, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $5,000,000, to remain available until
September 30, 2021, for projects outside of the United
States: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Administrative Provision
Sec. 401. Each amount designated in this Act by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985
shall be available only if the President subsequently so
[[Page H6084]]
designates all such amounts and transmits such designations
to the Congress.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 503. All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 504. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs,
and Related Agencies of the Committee on Appropriations of
the House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the Senate.
Sec. 505. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 506. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of
the United States House of Representatives.
Sec. 507. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 508. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 509. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for
first-class travel by an employee of the agency in
contravention of sections 301-10.122 through 301-10.124 of
title 41, Code of Federal Regulations.
Sec. 510. None of the funds made available in this Act may
be used to execute a contract for goods or services,
including construction services, where the contractor has not
complied with Executive Order No. 12989.
Sec. 511. None of the funds made available by this Act may
be used by the Department of Defense or the Department of
Veterans Affairs to lease or purchase new light duty vehicles
for any executive fleet, or for an agency's fleet inventory,
except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 512. (a) In General.--None of the funds appropriated
or otherwise made available to the Department of Defense in
this Act may be used to construct, renovate, or expand any
facility in the United States, its territories, or
possessions to house any individual detained at United States
Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or under the control
of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2017''.
DIVISION B--ZIKA RESPONSE AND PREPAREDNESS
TITLE I
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
For an additional amount for fiscal year 2016 for ``CDC-
Wide Activities and Program Support'', $394,000,000, to
remain available until September 30, 2017, to prevent,
prepare for, and respond to Zika virus, health conditions
related to such virus, and other vector-borne diseases,
domestically and internationally: Provided, That products
purchased with these funds may, at the discretion of the
Secretary of Health and Human Services, be deposited in the
Strategic National Stockpile under section 319F-2 of the
Public Health Service (``PHS'') Act: Provided further, That
funds may be used for purchase and insurance of official
motor vehicles in foreign countries: Provided further, That
the provisions in section 317S of the PHS Act shall apply to
the use of funds appropriated in this paragraph as determined
by the Director of the Centers for Disease Control and
Prevention to be appropriate: Provided further, That funds
appropriated in this paragraph may be used for grants for the
construction, alteration, or renovation of non-federally
owned facilities to improve preparedness and response
capability at State and local laboratories: Provided
further, That of the amount appropriated in this paragraph,
$44,000,000 is included to supplement either fiscal year 2016
or fiscal year 2017 funds for the Public Health Emergency
Preparedness cooperative agreement program to restore fiscal
year 2016 funds that were reprogrammed for Zika virus
response prior to the enactment of this Act: Provided
further, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
National Institutes of Health
national institute of allergy and infectious diseases
(including transfer of funds)
For an additional amount for fiscal year 2016 for
``National Institute of Allergy and Infectious Diseases'',
$152,000,000, to remain available until September 30, 2017,
for research on the virology, natural history, and
pathogenesis of the Zika virus infection and preclinical and
clinical development of vaccines and other medical
countermeasures for the Zika virus and other vector-borne
diseases, domestically and internationally: Provided, That
such funds may be transferred by the Director of the National
Institutes of Health (``NIH'') to other accounts of the NIH
for the purposes provided in this paragraph: Provided
further, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Office of the Secretary
public health and social services emergency fund
(including transfer of funds)
For an additional amount for fiscal year 2016 for ``Public
Health and Social Services Emergency Fund'', $387,000,000, to
remain available until September 30, 2017, to prevent,
prepare for, and respond to Zika virus, health conditions
related to such virus, and other vector-borne diseases,
domestically and internationally; to develop necessary
countermeasures and vaccines, including the development and
purchase of vaccines, therapeutics, diagnostics, necessary
medical supplies, and administrative activities; for carrying
out section 501 of the Social Security Act; and for carrying
out sections 330 through 336 and 338 of the PHS Act:
Provided, That funds appropriated in this paragraph may be
used to procure security countermeasures (as defined in
section 319F-2(c)(1)(B) of the PHS Act): Provided further,
That paragraphs (1) and (7)(C) of subsection (c) of section
319F-2 of the PHS Act, but no other provisions of such
section, shall apply to such security countermeasures
procured with funds appropriated in this paragraph: Provided
further, That products purchased with funds appropriated in
this paragraph may, at the discretion of the Secretary of
Health and Human Services, be deposited in the Strategic
National Stockpile under section 319F-2 of the PHS Act:
Provided further, That funds appropriated in this paragraph
may be transferred to the fund authorized by section 319F-4
of the PHS Act: Provided further, That of the funds
appropriated under this heading, $75,000,000, in addition to
the purposes specified above, shall also be available for
necessary expenses for support to States, territories,
tribes, or tribal organizations with active or local
transmission cases of the Zika virus, as confirmed by the
Centers for Disease Control and Prevention, to reimburse the
costs of health care for health conditions related to the
Zika virus, other than costs that are covered by private
health insurance, of which not less than $60,000,000 shall be
for territories with the highest rates of Zika transmission:
Provided further, That of the funds appropriated under this
heading, $20,000,000 shall be awarded, notwithstanding
section 502 of the Social Security Act, for projects of
regional and national significance in Puerto Rico and other
territories authorized under section 501 of the Social
Security Act: Provided further, That of the funds
appropriated under this heading, $40,000,000 shall be used to
expand the delivery of primary health services authorized by
section 330 of the PHS Act in Puerto Rico and other
territories: Provided further, That of the funds
appropriated under this heading, $6,000,000 shall, for
purposes of providing primary health services in areas
affected by Zika virus or other vector-borne diseases, be
used to assign National Health Service Corps (``NHSC'')
members to Puerto Rico and other territories, notwithstanding
the assignment priorities and limitations in or under
sections 333(a)(1)(D), 333(b), or 333A(a) of the PHS Act, and
to make NHSC Loan Repayment Program awards under section 338B
of such Act: Provided further, That for purposes of the
previous proviso, section 331(a)(3)(D) of the PHS Act shall
be applied as if the term ``primary health services''
included
[[Page H6085]]
health services regarding pediatric subspecialists: Provided
further, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
direct hires
Sec. 101. Funds appropriated by this title may be used by
the heads of the Department of Health and Human Services,
Department of State, and the United States Agency for
International Development to appoint, without regard to the
provisions of sections 3309 through 3319 of title 5 of the
United States Code, candidates needed for positions to
perform critical work relating to Zika response for which--
(1) public notice has been given; and
(2) the Secretary of Health and Human Services has
determined that such a public health threat exists.
transfer authorities
Sec. 102. Funds appropriated by this title may be
transferred to, and merged with, other appropriation accounts
under the headings ``Centers for Disease Control and
Prevention'', ``Public Health and Social Services Emergency
Fund'', and ``National Institutes of Health'' for the
purposes specified in this title following consultation with
the Office of Management and Budget: Provided, That the
Committees on Appropriations shall be notified 10 days in
advance of any such transfer: Provided further, That, upon a
determination that all or part of the funds transferred from
an appropriation are not necessary, such amounts may be
transferred back to that appropriation: Provided further,
That none of the funds made available by this title may be
transferred pursuant to the authority in section 205 of
division H of Public Law 114-113 or section 241(a) of the PHS
Act.
reporting requirements
Sec. 103. Not later than 30 days after enactment of this
Act, the Secretary of Health and Human Services shall provide
a detailed spend plan of anticipated uses of funds made
available in this title, including estimated personnel and
administrative costs, to the Committees on Appropriations:
Provided, That such plans shall be updated and submitted to
the Committees on Appropriations every 60 days until
September 30, 2017.
oversight
Sec. 104. Of the funds appropriated by this title under
the heading ``Public Health and Social Services Emergency
Fund'', up to--
(1) $500,000 shall be transferred to, and merged with,
funds made available under the heading ``Office of the
Secretary, Office of Inspector General'', and shall remain
available until expended, for oversight of activities
supported with funds appropriated by this title: Provided,
That the Secretary of Health and Human Services shall consult
with the Committees on Appropriations prior to obligating
such funds: Provided further, That the transfer authority
provided by this paragraph is in addition to any other
transfer authority provided by law; and
(2) $500,000 shall be made available to the Comptroller
General of the United States, and shall remain available
until expended, for oversight of activities supported with
funds appropriated by this title: Provided, That the
Comptroller General shall consult with the Committees on
Appropriations prior to obligating such funds.
TITLE II
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for fiscal year 2016 for
``Diplomatic and Consular Programs'', $14,594,000, to remain
available until September 30, 2017, for necessary expenses to
support response efforts related to the Zika virus, health
conditions related to such virus, and other vector-borne
diseases: Provided, That such funds may be made available
for medical evacuation costs of any other department or
agency of the United States under Chief of Mission authority,
and may be transferred to any other appropriation of such
department or agency for such costs: Provided further, That
such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
emergencies in the diplomatic and consular service
For an additional amount for fiscal year 2016 for
``Emergencies in the Diplomatic and Consular Service'',
$4,000,000 for necessary expenses to support response efforts
related to the Zika virus, health conditions related to such
virus, and other vector-borne diseases, to remain available
until September 30, 2017: Provided, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
repatriation loans program account
For an additional amount for fiscal year 2016 for
``Repatriation Loans Program Account'' for the cost of direct
loans, $1,000,000, to support response efforts related to the
Zika virus, health conditions related to such virus, and
other vector-borne diseases, to remain available until
September 30, 2017: Provided, That such costs, including
costs of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided
further, That such funds are available to subsidize an
additional amount of gross obligations for the principal
amount of direct loans not to exceed $1,880,406: Provided
further, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for fiscal year 2016 for
``Operating Expenses'', $10,000,000, to remain available
until September 30, 2017, for necessary expenses to support
response efforts related to the Zika virus, health conditions
related to such virus, and other vector-borne diseases:
Provided, That such amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health programs
For an additional amount for fiscal year 2016 for ``Global
Health Programs'', $145,500,000, to remain available until
September 30, 2017, for necessary expenses to prevent,
prepare for, and respond to the Zika virus, health conditions
related to such virus, and other vector-borne diseases:
Provided, That funds appropriated under this heading shall be
made available for vector control activities, vaccines,
diagnostics, and vector control technologies: Provided
further, That funds appropriated under this heading may be
made available as contributions to the World Health
Organization, the United Nations Children's Fund, the Pan
American Health Organization, the International Atomic Energy
Agency, and the Food and Agriculture Organization: Provided
further, That funds made available under this heading shall
be subject to prior consultation with the Committees on
Appropriations: Provided further, That none of the funds
appropriated under this heading may be made available for the
Grand Challenges for Development program: Provided further,
That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
GENERAL PROVISIONS--THIS TITLE
transfer authorities
(including transfer of funds)
Sec. 201. (a) Funds appropriated by this title under the
headings ``Diplomatic and Consular Programs'', ``Emergencies
in the Diplomatic and Consular Service'', ``Repatriation
Loans Program Account'', and ``Operating Expenses'' may be
transferred to, and merged with, funds appropriated by this
title under such headings to carry out the purposes of this
title.
(b) The transfer authorities provided by this section are
in addition to any other transfer authority provided by law.
(c) Upon a determination that all or part of the funds
transferred pursuant to the authorities provided by this
section are not necessary for such purposes, such amounts may
be transferred back to such appropriations.
(d) No funds shall be transferred pursuant to this section
unless at least 5 days prior to making such transfer the
Secretary of State or the Administrator of the United States
Agency for International Development, as appropriate,
notifies the Committees on Appropriations in writing of the
details of any such transfer.
notification requirement
Sec. 202. Funds appropriated by this title shall only be
available for obligation if the Secretary of State or the
Administrator of the United States Agency for International
Development, as appropriate, notifies the Committees on
Appropriations in writing at least 15 days in advance of such
obligation.
consolidated reporting requirement
Sec. 203. Not later than 30 days after enactment of this
Act and prior to the initial obligation of funds made
available by this title, the Secretary of State and the
Administrator of the United States Agency for International
Development shall submit a consolidated report to the
Committees on Appropriations on the anticipated uses of such
funds on a country and project basis, including estimated
personnel and administrative costs: Provided, That such
report shall be updated and submitted to the Committees on
Appropriations every 60 days until September 30, 2017.
oversight
Sec. 204. Of the funds appropriated by this title, up to--
(1) $500,000 shall be transferred to, and merged with,
funds available under the heading ``United States Agency for
International Development, Funds Appropriated to the
President, Office of Inspector General'', and shall remain
available until expended, for oversight of activities
supported with funds appropriated by this title: Provided,
That the transfer authority provided by this paragraph is in
addition to any other transfer authority provided by law; and
(2) $500,000 shall be made available to the Comptroller
General of the United States, and shall remain available
until expended, for oversight of activities supported with
funds appropriated by this title: Provided, That the
Secretary of State and the Comptroller General, as
appropriate, shall consult with the Committees on
Appropriations prior to obligating such funds.
TITLE III
GENERAL PROVISIONS--THIS DIVISION
extension of authorities and provisions
Sec. 301. Unless otherwise provided for by this division,
the additional amounts appropriated pursuant to this division
are subject to the requirements for funds contained in the
Consolidated Appropriations Act, 2016 (Public Law 114-113).
[[Page H6086]]
personal service contractors
Sec. 302. Funds made available by this division may be
used to enter into contracts with individuals for the
provision of personal services (as described in section 104
of part 37 of title 48, Code of Federal Regulations (48 CFR
37.104)) to support the purposes of titles I and II of this
division, within the United States and abroad, subject to
prior consultation with, and the notification procedures of,
the Committees on Appropriations: Provided, That such
individuals may not be deemed employees of the United States
for the purpose of any law administered by the Office of
Personnel Management: Provided further, That the authority
made available pursuant to this section shall expire on
September 30, 2017.
designation retention
Sec. 303. Any amount appropriated by this division,
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985 and subsequently so
designated by the President, and transferred pursuant to
transfer authorities provided by this division shall retain
such designation.
effective date
Sec. 304. This division shall become effective immediately
upon enactment of this Act.
This division may be cited as the ``Zika Response and
Preparedness Appropriations Act, 2016''.
DIVISION C--CONTINUING APPROPRIATIONS ACT, 2017
The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for fiscal year
2017, and for other purposes, namely:
Sec. 101. (a) Such amounts as may be necessary, at a rate
for operations as provided in the applicable appropriations
Acts for fiscal year 2016 and under the authority and
conditions provided in such Acts, for continuing projects or
activities (including the costs of direct loans and loan
guarantees) that are not otherwise specifically provided for
in this Act, that were conducted in fiscal year 2016, and for
which appropriations, funds, or other authority were made
available in the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2016
(division A of Public Law 114-113), except section 728.
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2016 (division B of Public Law 114-113).
(3) The Department of Defense Appropriations Act, 2016
(division C of Public Law 114-113).
(4) The Energy and Water Development and Related Agencies
Appropriations Act, 2016 (division D of Public Law 114-113).
(5) The Financial Services and General Government
Appropriations Act, 2016 (division E of Public Law 114-113),
which for purposes of this Act shall be treated as including
section 707 of division O of Public Law 114-113.
(6) The Department of Homeland Security Appropriations Act,
2016 (division F of Public Law 114-113).
(7) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2016 (division G of
Public Law 114-113).
(8) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2016
(division H of Public Law 114-113).
(9) The Legislative Branch Appropriations Act, 2016
(division I of Public Law 114-113).
(10) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2016 (division K of
Public Law 114-113), except title IX.
(11) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2016 (division L of
Public Law 114-113), except section 420.
(b) The rate for operations provided by subsection (a) is
hereby reduced by 0.496 percent.
Sec. 102. (a) No appropriation or funds made available or
authority granted pursuant to section 101 for the Department
of Defense shall be used for: (1) the new production of items
not funded for production in fiscal year 2016 or prior years;
(2) the increase in production rates above those sustained
with fiscal year 2016 funds; or (3) the initiation,
resumption, or continuation of any project, activity,
operation, or organization (defined as any project,
subproject, activity, budget activity, program element, and
subprogram within a program element, and for any investment
items defined as a P-1 line item in a budget activity within
an appropriation account and an R-1 line item that includes a
program element and subprogram element within an
appropriation account) for which appropriations, funds, or
other authority were not available during fiscal year 2016.
(b) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense
shall be used to initiate multi-year procurements utilizing
advance procurement funding for economic order quantity
procurement unless specifically appropriated later.
Sec. 103. Appropriations made by section 101 shall be
available to the extent and in the manner that would be
provided by the pertinent appropriations Act.
Sec. 104. Except as otherwise provided in section 102, no
appropriation or funds made available or authority granted
pursuant to section 101 shall be used to initiate or resume
any project or activity for which appropriations, funds, or
other authority were not available during fiscal year 2016.
Sec. 105. Appropriations made and authority granted
pursuant to this Act shall cover all obligations or
expenditures incurred for any project or activity during the
period for which funds or authority for such project or
activity are available under this Act.
Sec. 106. Unless otherwise provided for in this Act or in
the applicable appropriations Act for fiscal year 2017,
appropriations and funds made available and authority granted
pursuant to this Act shall be available until whichever of
the following first occurs: (1) the enactment into law of an
appropriation for any project or activity provided for in
this Act; (2) the enactment into law of the applicable
appropriations Act for fiscal year 2017 without any provision
for such project or activity; or (3) December 9, 2016.
Sec. 107. Expenditures made pursuant to this Act shall be
charged to the applicable appropriation, fund, or
authorization whenever a bill in which such applicable
appropriation, fund, or authorization is contained is enacted
into law.
Sec. 108. Appropriations made and funds made available by
or authority granted pursuant to this Act may be used without
regard to the time limitations for submission and approval of
apportionments set forth in section 1513 of title 31, United
States Code, but nothing in this Act may be construed to
waive any other provision of law governing the apportionment
of funds.
Sec. 109. Notwithstanding any other provision of this Act,
except section 106, for those programs that would otherwise
have high initial rates of operation or complete distribution
of appropriations at the beginning of fiscal year 2017
because of distributions of funding to States, foreign
countries, grantees, or others, such high initial rates of
operation or complete distribution shall not be made, and no
grants shall be awarded for such programs funded by this Act
that would impinge on final funding prerogatives.
Sec. 110. This Act shall be implemented so that only the
most limited funding action of that permitted in the Act
shall be taken in order to provide for continuation of
projects and activities.
Sec. 111. (a) For entitlements and other mandatory payments
whose budget authority was provided in appropriations Acts
for fiscal year 2016, and for activities under the Food and
Nutrition Act of 2008, activities shall be continued at the
rate to maintain program levels under current law, under the
authority and conditions provided in the applicable
appropriations Act for fiscal year 2016, to be continued
through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory
payments due on or about the first day of any month that
begins after October 2016 but not later than 30 days after
the date specified in section 106(3) may continue to be made,
and funds shall be available for such payments.
Sec. 112. Amounts made available under section 101 for
civilian personnel compensation and benefits in each
department and agency may be apportioned up to the rate for
operations necessary to avoid furloughs within such
department or agency, consistent with the applicable
appropriations Act for fiscal year 2016, except that such
authority provided under this section shall not be used until
after the department or agency has taken all necessary
actions to reduce or defer non-personnel-related
administrative expenses.
Sec. 113. Funds appropriated by this Act may be obligated
and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 3094(a)(1)).
Sec. 114. (a) Each amount incorporated by reference in this
Act that was previously designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 or as being for
disaster relief pursuant to section 251(b)(2)(D) of such Act
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of such Act or as being for disaster relief
pursuant to section 251(b)(2)(D) of such Act, respectively.
(b) The reduction in section 101(b) of this Act shall not
apply to--
(1) amounts designated under subsection (a) of this
section;
(2) amounts made available by section 101(a) by reference
to the second paragraph under the heading ``Social Security
Administration--Limitation on Administrative Expenses'' in
division H of Public Law 114-113; or
(3) amounts made available by section 101(a) by reference
to the paragraph under the heading ``Centers for Medicare and
Medicaid Services--Health Care Fraud and Abuse Control
Account'' in division H of Public Law 114-113.
(c) Section 6 of Public Law 114-113 shall apply to amounts
designated in subsection (a) for Overseas Contingency
Operations/Global War on Terrorism.
Sec. 115. During the period covered by this Act,
discretionary amounts appropriated for fiscal year 2017 that
were provided in advance by appropriations Acts covered by
section 101 of this Act shall be available in the amounts
provided in such Acts, reduced by the percentage in section
101(b).
Sec. 116. (a) In addition to the amounts otherwise provided
by section 101, and notwithstanding section 104, an
additional amount is provided to the Secretary of Health and
Human Services to carry out the authorizations in the
Comprehensive Addiction and Recovery Act of 2016 (Public Law
114-198), at a rate for operations of $17,000,000.
[[Page H6087]]
(b) In addition to the amounts otherwise provided by
section 101, and notwithstanding section 104, an additional
amount is provided to the Attorney General to carry out the
authorizations in the Comprehensive Addiction and Recovery
Act of 2016 (Public Law 114-198), at a rate for operations of
$20,000,000.
(c) Notwithstanding any other provision of this Act, in
addition to the purposes otherwise provided for amounts that
become available on October 1, 2016, under the heading
``Department of Veterans Affairs--Veterans Health
Administration--Medical Services'' in division J of Public
Law 114-113, such amounts shall be used to implement the
Jason Simcakoski Memorial and Promise Act (title IX of Public
Law 114-198) and the amendments made by that Act.
Sec. 117. Notwithstanding section 101, amounts are
provided for ``Department of Agriculture--Domestic Food
Programs--Food and Nutrition Service--Commodity Assistance
Program'' at a rate for operations of $310,139,000, of which
$236,120,000 shall be for the Commodity Supplemental Food
Program.
Sec. 118. Amounts provided by section 111 to the
Department of Agriculture for ``Corporations--Commodity
Credit Corporation Fund--Reimbursement for Net Realized
Losses'' may be used, prior to the completion of the report
described in section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11), to reimburse the Commodity Credit
Corporation for net realized losses sustained, but not
previously reimbursed, as reflected in the June 2016 report
of its financial condition.
Sec. 119. Amounts made available by section 101 for
``Department of Agriculture--Rural Housing Service--Rental
Assistance Program'' may be apportioned up to the rate for
operations necessary to pay ongoing debt service for the
multi-family direct loan programs under sections 514 and 515
of the Housing Act of 1949 (42 U.S.C. 1484 and 1485).
Sec. 120. Section 529(b)(5) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360ff(b)(5)) shall be applied by
substituting the date specified in section 106(3) of this Act
for ``September 30, 2016''.
Sec. 121. Notwithstanding sections 101 and 102, within
amounts provided for ``Department of Defense--Operation and
Maintenance, Defense-Wide'' and ``Department of Defense--
Research, Development, Test and Evaluation, Defense-Wide'',
except for amounts designated for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, the Secretary of Defense may develop,
replace, and sustain Federal Government security and
suitability background investigation information technology
system requirements of the Office of Personnel Management at
a rate for operations of $95,000,000.
Sec. 122. Section 1215(f)(1) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10
U.S.C. 113 note), as most recently amended by section 1221 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92), shall be applied by substituting
``2017'' for ``2016'' through the earlier of the date
specified in section 106(3) of this Act or the date of the
enactment of an Act authorizing appropriations for fiscal
year 2017 for military activities of the Department of
Defense.
Sec. 123. (a) Funds made available by section 101 for
``Department of Energy--Energy Programs--Uranium Enrichment
Decontamination and Decommissioning Fund'' may be apportioned
up to the rate for operations necessary to avoid disruption
of continuing projects or activities funded in this
appropriation.
(b) The Secretary of Energy shall notify the Committees on
Appropriations of the House of Representatives and the Senate
not later than 3 days after each use of the authority
provided in subsection (a).
Sec. 124. (a) Notwithstanding any other provision of this
Act, except section 106, the District of Columbia may expend
local funds under the heading ``District of Columbia Funds''
for such programs and activities under the District of
Columbia Appropriations Act, 2016 (title IV of division E of
Public Law 114-113) at the rate set forth under ``Part A--
Summary of Expenses'' as included in the Fiscal Year 2017
Local Budget Act of 2016 (D.C. Act 21-414), as modified as of
the date of the enactment of this Act.
(b) During the period in which this Act is in effect, the
authority and conditions provided in the Financial Services
and General Government Appropriations Act, 2016 (division E
of Public Law 114-113) which were applicable to the
obligation or expenditure of funds by the District of
Columbia for any program, project, or activity during fiscal
year 2016 shall apply to the obligation or expenditure of
funds by the District of Columbia with respect to such
program, project, or activity under any authority.
Sec. 125. (a) Notwithstanding section 101, amounts are
provided for ``General Services Administration--Expenses,
Presidential Transition'' for necessary expenses to carry out
the Presidential Transition Act of 1963 (3 U.S.C. 102 note),
at a rate for operations of $9,500,000, of which not to
exceed $1,000,000 is for activities authorized by sections
3(a)(8) and 3(a)(9) of such Act: Provided, That such amounts
may be transferred and credited to the ``Acquisition Services
Fund'' or ``Federal Buildings Fund'' to reimburse obligations
incurred prior to enactment of this Act for the purposes
provided herein related to the Presidential election in 2016:
Provided further, That amounts available under this section
shall be in addition to any other amounts available for such
purposes.
(b) Notwithstanding section 101, no funds are provided by
this Act for ``General Services Administration--Pre-Election
Presidential Transition''.
Sec. 126. Notwithstanding section 101, for expenses of the
Office of Administration to carry out the Presidential
Transition Act of 1963, as amended, and similar expenses, in
addition to amounts otherwise appropriated by law, amounts
are provided to ``Presidential Transition Administrative
Support'' at a rate for operations of $7,582,000: Provided,
That such funds may be transferred to other accounts that
provide funding for offices within the Executive Office of
the President and the Office of the Vice President in this
Act or any other Act, to carry out such purposes.
Sec. 127. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for ``District
of Columbia--Federal Payment for Emergency Planning and
Security Costs in the District of Columbia'' for costs
associated with the Presidential Inauguration, at a rate for
operations of $19,995,000.
Sec. 128. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for ``National
Archives and Records Administration--Operating Expenses'' to
carry out the Presidential transition responsibilities of the
Archivist of the United States under sections 2201 through
2207 of title 44, United States Code (commonly known as the
``Presidential Records Act of 1978''), at a rate for
operations of $4,850,000.
Sec. 129. Amounts made available by section 101 for
``Small Business Administration--Business Loans Program
Account'' may be apportioned up to the rate for operations
necessary to accommodate increased demand for commitments for
general business loans authorized under section 7(a) of the
Small Business Act (15 U.S.C. 636(a)).
Sec. 130. Amounts provided by section 101 for the
Department of Homeland Security may be obligated in the
account and budget structure set forth in the table provided
by the Chief Financial Officer of the Department to the
Committees on Appropriations of the Senate and the House of
Representatives prior to the end of fiscal year 2016 pursuant
to section 563(e) of the Department of Homeland Security
Appropriations Act, 2016 (division F of Public Law 114-113).
Sec. 131. (a) Amounts made available by section 101 for
``Department of Homeland Security--U.S. Customs and Border
Protection--Operations and Support'' may be apportioned up to
the rate for operations necessary to maintain not less than
the number of staff achieved on September 30, 2016.
(b) Amounts made available by section 101 for ``Department
of Homeland Security--Transportation Security
Administration--Operations and Support'' may be apportioned
up to the rate for operations necessary to maintain not less
than the number of screeners achieved on September 30, 2016.
Sec. 132. The authority provided by section 831 of the
Homeland Security Act of 2002 (6 U.S.C. 391) shall continue
in effect through the date specified in section 106(3) of
this Act.
Sec. 133. Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) is amended by striking
``September 30, 2017'' and inserting ``September 30, 2018''.
Sec. 134. (a) The authority provided by subsection (m)(3)
of section 8162 of the Department of Defense Appropriations
Act, 2000 (40 U.S.C. 8903 note; Public Law 106-79) shall
continue in effect through the date specified in section
106(3) of this Act.
(b) Section 419(b) of division G of Public Law 114-113
shall not apply during the period covered by this Act.
Sec. 135. Notwithstanding section 101, subsection 35(d) of
the Mineral Leasing Act (30 U.S.C. 191(d)) shall be applied,
at a rate for operations, through the date specified in
section 106(3), as if the following new paragraph were added
at the end--
``(5) There is appropriated to the Fee Account established
in subsection (c)(3)(B)(ii) of this section, out of any money
in the Treasury not otherwise appropriated, $26,000,000 for
fiscal year 2017, to remain available until expended, for the
coordination and processing of oil and gas use
authorizations, to be reduced by amounts collected by the
Bureau and transferred to such Fee Account pursuant to
subsection (d)(3)(A)(ii) of this section, so as to result in
a final fiscal year 2017 appropriation from the general fund
estimated at not more than $0.''.
Sec. 136. In addition to the amounts otherwise provided by
section 101, an additional amount is provided for
``Department of the Interior--National Park Service--
Operation of the National Park System'' for security and
visitor safety activities related to the Presidential
Inaugural Ceremonies, at a rate for operations of $4,200,000.
Sec. 137. In addition to amounts otherwise made available
by section 101, and notwithstanding section 104, amounts are
provided for ``Environmental Protection Agency--Environmental
Programs and Management'' at a rate for operations of
$3,000,000, to remain available until expended, and such
amounts may be apportioned up to the rate for operations
needed, for necessary expenses of activities described in
section 26(b)(1) of the Toxic Substances Control Act (15
U.S.C. 2625(b)(1)): Provided, That fees collected pursuant
to such section of such Act and deposited in the ``TSCA
Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2017 shall be retained and used for necessary
salaries and expenses under the above heading and shall
remain available until expended: Provided further, That the
sum provided by this section of this Act from the general
fund for fiscal year 2017 shall be reduced by the amount of
discretionary offsetting receipts received during fiscal year
2017, so as to result in a final fiscal year 2017
appropriation from the general fund estimated at not more
than $0: Provided further, That to the extent that amounts
realized from such receipts exceed $3,000,000, those amounts
in excess of $3,000,000 shall be deposited in the
[[Page H6088]]
``TSCA Service Fee Fund'' as discretionary offsetting
receipts in fiscal year 2017, shall be retained and used for
necessary salaries and expenses in this account, and shall
remain available until expended: Provided further, That of
the amounts provided under this heading by section 101, the
Chemical Risk Review and Reduction program project shall be
allocated for this fiscal year, excluding the amount of any
fees made available, not less than the amount of
appropriations for that program project for fiscal year 2014.
Sec. 138. Section 114(f) of the Higher Education Act of
1965 (20 U.S.C. 1011c(f)) shall be applied by substituting
the date specified in section 106(3) of this Act for
``September 30, 2016''.
Sec. 139. The first proviso under the heading ``Department
of Health and Human Services--Administration for Children and
Families--Payments to States for the Child Care and
Development Block Grant'' in title II of division H of Public
Law 114-113 shall not apply during the period covered by this
Act.
Sec. 140. (a) The second proviso under the heading
``Department of Health and Human Services--Administration for
Children and Families--Children and Families Services
Programs'' in title II of division H of Public Law 114-113
shall be applied during the period covered by this Act as if
the following were struck from such proviso: ``, of which
$141,000,000 shall be available for a cost of living
adjustment notwithstanding section 640(a)(3)(A) of such
Act''.
(b) Amounts made available in the third proviso under the
heading ``Department of Health and Human Services--
Administration for Children and Families--Children and
Families Services Programs'' in title II of division H of
Public Law 114-113 shall not be included in the calculation
of the ``base grant'', as such term is used in section
640(a)(7)(A) of the Head Start Act (42 U.S.C. 9835(a)(7)(A)),
during the period described in section 106 of this Act.
Sec. 141. (a) Section 529 of division H of Public Law 114-
113 shall be applied by substituting ``in the Child
Enrollment Contingency Fund from the appropriation to the
Fund for the first semi-annual allotment period for fiscal
year 2017 under section 2104(n)(2)(A)(ii) of the Social
Security Act'' for ``or available in the Child Enrollment
Contingency Fund from appropriations to the Fund under
section 2104(n)(2)(A)(i) of the Social Security Act''; and
(b) Section 530 of division H of Public Law 114-113 shall
be applied by substituting ``$541,900,000'' for
``$4,678,500,000'' and by adding at the end the following:
``and of the funds made available for the purposes of
carrying out section 2105(a)(3) of the Social Security Act,
$5,669,100,000 are hereby rescinded''.
Sec. 142. Notwithstanding any other provision of this Act,
there is appropriated for payment to Sami A. Takai, widow of
Kyle Mark Takai, late a Representative from the State of
Hawaii, $174,000.
Sec. 143. (a) Amounts made available by section 101 for
``Department of Transportation--Federal Railroad
Administration--Operating Grants to the National Railroad
Passenger Corporation'' and ``Department of Transportation--
Federal Railroad Administration--Capital and Debt Service
Grants to the National Railroad Passenger Corporation'' shall
be obligated in the account and budget structure, and under
the authorities and conditions, set forth for ``Department of
Transportation--Federal Railroad Administration--Northeast
Corridor Grants to the National Railroad Passenger
Corporation'' and ``Department of Transportation--Federal
Railroad Administration--National Network Grants to the
National Railroad Passenger Corporation'' in H.R. 5394 and S.
2844, as introduced in the One Hundred Fourteenth Congress.
(b) Amounts made available pursuant to subsection (a) are
provided for ``Department of Transportation--Federal Railroad
Administration--Northeast Corridor Grants to the National
Railroad Passenger Corporation'' at a rate for operations of
$235,000,000, to remain available until expended, and for
``Department of Transportation--Federal Railroad
Administration--National Network Grants to the National
Railroad Passenger Corporation'' at a rate for operations of
$1,155,000,000, to remain available until expended.
Sec. 144. Amounts made available by section 101 for
``Maritime Administration--Maritime Security Program'' shall
be allocated at an annual rate across all vessels covered by
operating agreements, as that term is used in chapter 531 of
title 46, United States Code, and the Secretary shall
distribute equally all such funds for payments due under all
operating agreements in equal amounts notwithstanding title
46, United States Code, section 53106: Provided, That no
payment shall exceed an annual rate of $3,500,000 per
operating agreement.
Sec. 145. (a) In addition to the amount otherwise provided
by section 101 for the ``Community Planning and Development,
Community Development Fund'', there is appropriated
$500,000,000 for an additional amount for fiscal year 2016,
to remain available until expended, for necessary expenses
for activities authorized under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.)
related to disaster relief, long-term recovery, restoration
of infrastructure and housing, and economic revitalization in
the most impacted and distressed areas resulting from a major
disaster declared in 2016, and which the disaster occurred
prior to the date of enactment of this Act, pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.): Provided, That funds shall be
awarded directly to the State or unit of general local
government at the discretion of the Secretary: Provided
further, That as a condition of making any grant, the
Secretary shall certify in advance that such grantee has in
place proficient financial controls and procurement processes
and has established adequate procedures to prevent any
duplication of benefits as defined by section 312 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5155), to ensure timely expenditure of funds,
to maintain comprehensive websites regarding all disaster
recovery activities assisted with these funds, and to detect
and prevent waste, fraud, and abuse of funds: Provided
further, That prior to the obligation of funds a grantee
shall submit a plan to the Secretary for approval detailing
the proposed use of all funds, including criteria for
eligibility and how the use of these funds will address long-
term recovery and restoration of infrastructure and housing
and economic revitalization in the most impacted and
distressed areas: Provided further, That such funds may not
be used for activities reimbursable by, or for which funds
are made available by, the Federal Emergency Management
Agency or the Army Corps of Engineers: Provided further,
That funds allocated under this heading shall not be
considered relevant to the non-disaster formula allocations
made pursuant to section 106 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5306): Provided further,
That a State or subdivision thereof may use up to 5 percent
of its allocation for administrative costs: Provided
further, That in administering the funds under this heading,
the Secretary of Housing and Urban Development may waive, or
specify alternative requirements for, any provision of any
statute or regulation that the Secretary administers in
connection with the obligation by the Secretary or the use by
the recipient of these funds (except for requirements related
to fair housing, nondiscrimination, labor standards, and the
environment), if the Secretary finds that good cause exists
for the waiver or alternative requirement and such waiver or
alternative requirement would not be inconsistent with the
overall purpose of title I of the Housing and Community
Development Act of 1974: Provided further, That,
notwithstanding the preceding proviso, recipients of funds
provided under this heading that use such funds to supplement
Federal assistance provided under section 402, 403, 404, 406,
407, or 502 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) may adopt,
without review or public comment, any environmental review,
approval, or permit performed by a Federal agency, and such
adoption shall satisfy the responsibilities of the recipient
with respect to such environmental review, approval or
permit: Provided further, That, notwithstanding section
104(g)(2) of the Housing and Community Development Act of
1974 (42 U.S.C. 5304(g)(2)), the Secretary may, upon receipt
of a request for release of funds and certification,
immediately approve the release of funds for an activity or
project assisted under this heading if the recipient has
adopted an environmental review, approval or permit under the
preceding proviso or the activity or project is categorically
excluded from review under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.): Provided further, That
the Secretary shall publish via notice in the Federal
Register any waiver, or alternative requirement, to any
statute or regulation that the Secretary administers pursuant
to title I of the Housing and Community Development Act of
1974 no later than 5 days before the effective date of such
waiver or alternative requirement: Provided further, That
amounts provided under this section shall be designated by
Congress as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(b) Unobligated balances, including recaptures and
carryover, remaining from funds appropriated to the
Department of Housing and Urban Development for
administrative costs of the Office of Community Planning and
Development associated with funds appropriated to the
Department for specific disaster relief and related purposes
and designated by Congress as an emergency requirement
pursuant to a Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act, including
information technology costs and costs for administering and
overseeing such specific disaster related funds, shall be
transferred to the Program Office Salaries and Expenses,
Community Planning and Development account for the
Department, shall remain available until expended, and may be
used for such administrative costs for administering any
funds appropriated to the Department for any disaster relief
and related purposes in any prior or future act,
notwithstanding the purposes for which such funds were
appropriated: Provided, That the amounts transferred
pursuant to this section that were previously designated by
Congress as an emergency requirement pursuant to a Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985
and shall be transferred only if the President subsequently
so designates the entire transfer and transmits such
designation to the Congress.
(c) This section shall become effective immediately upon
enactment of this Act.
This division may be cited as the ``Continuing
Appropriations Act, 2017''.
DIVISION D--RESCISSIONS OF FUNDS
Sec. 101. (a) Of the unobligated balances available from
prior year appropriations under the heading ``Department of
Commerce, Economic Development Administration, Economic
Development Assistance Programs'' designated by the Congress
as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, $10,000,000 is rescinded
immediately upon enactment of this Act: Provided, That such
amounts are designated by
[[Page H6089]]
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(b) Of the unobligated balances available from amounts
provided under the heading ``Department of Commerce, National
Oceanic and Atmospheric Administration, Operations, Research,
and Facilities'' in title II of Public Law 111-212 for
responding to economic impacts of fisherman and fishery
dependent businesses, $13,000,000 is rescinded immediately
upon enactment of this Act: Provided, That such amounts are
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
(c) Of the unobligated balances available from amounts
provided under the heading ``Department of Homeland Security,
Office of the Secretary and Executive Management'' in Public
Law 109-148, $279,045 is rescinded immediately upon enactment
of this Act: Provided, That such amounts are designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(d) Of the unobligated balances available under the heading
``Department of Homeland Security, U.S. Customs and Border
Protection, Salaries and Expenses'' from emergency funds in
Public Law 107-206 and earlier laws transferred to the
Department of Homeland Security when it was created in 2003,
$39,246 is rescinded immediately upon enactment of this Act:
Provided, That such amounts are designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
(e) Of the unobligated balances available from amounts
provided under the heading ``Department of Homeland Security,
United States Coast Guard, Acquisition, Construction, and
Improvements'' in Public Law 110-329, Public Law 109-148 and
Public Law 109-234, $48,075,920 is rescinded immediately upon
enactment of this Act: Provided, That such amounts are
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
(f) Of the unobligated balances available under the heading
``Department of Homeland Security, Federal Emergency
Management Agency, Administrative and Regional Operations''
in Public Law 109-234, $731,790 is rescinded immediately upon
enactment of this Act: Provided, That such amounts are
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
(g) Of the unobligated amounts made available under section
1323(c)(1) of the Patient Protection and Affordable Care Act
(42 U.S.C. 18043(c)(1)), $168,100,000 is rescinded
immediately upon enactment of this Act.
(h) Of the unobligated balances available under the heading
``Operating Expenses'' in title IX of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
$7,522,000 is rescinded immediately upon enactment of this
Act: Provided, That such amounts are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(i) Of the unobligated balances of appropriations made
available under the heading ``Bilateral Economic Assistance,
Funds Appropriated to the President'' in title IX of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
$109,478,000 is rescinded immediately upon enactment of this
Act: Provided, That such amounts are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(j) Of the unobligated balances available from amounts
provided under the heading ``Department of Transportation,
Federal Aviation Administration, Facilities and Equipment''
in Public Law 109-148, $4,384,920 is rescinded immediately
upon enactment of this Act: Provided, That such amounts are
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
(k) Of the unobligated balances available from amounts
provided under the heading ``Department of Transportation,
Federal Aviation Administration, Facilities and Equipment''
in Public Law 102-368, $990,277 is rescinded immediately upon
enactment of this Act: Provided, That such amounts are
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
(l) Of the unobligated balances available to the Department
of Transportation from amounts provided under section 108 of
Public Law 101-130, $37,400,000 is rescinded immediately upon
enactment of this Act: Provided, That such amounts are
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Motion Offered by Mr. Rogers of Kentucky
Mr. ROGERS of Kentucky. Mr. Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:
Mr. Rogers of Kentucky moves that the House concur in the
Senate amendment to H.R. 5325.
The SPEAKER pro tempore. Pursuant to House Resolution 901, the motion
shall be debatable for 1 hour equally divided and controlled by the
chair and ranking minority member of the Committee on Appropriations.
The gentleman from Kentucky (Mr. Rogers) and the gentlewoman from New
York (Mrs. Lowey) each will control 30 minutes.
The Chair recognizes the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise today to present the Senate amendment to H.R.
5325. This legislation includes the fiscal year 2017 continuing
resolution and full-year appropriations for Military Construction and
Veterans Affairs. It also includes funding to fight and prevent the
spread of the Zika virus and assistance to communities affected by
recent, devastating floods.
This is a reasonable and necessary compromise that will keep the
government open and operating, address urgent needs across the country,
and provide the necessary support for our servicemembers, their
families, and our veterans.
First and foremost, Mr. Speaker, this bill helps us avoid the
unwarranted damage of a government shutdown by providing the funds
required to keep the government open and operational past our September
30 deadline.
The funding is provided at the current rate of $1.067 trillion and
lasts through December 9. This short timeframe will allow Congress to
complete our annual appropriations work without jeopardizing important
government functions.
Secondly, the package contains the full-year Military Construction-VA
bill for FY17, which was conferenced by the House and Senate and passed
by the House already in June.
In total, $82.5 billion is provided for our military infrastructure
and veterans' health and benefits programs, $2.7 billion above current
levels, with targeted increases to address mismanagement and improve
operations at the VA.
It is important to note that, once the President signs this bill into
law, it will be the first time since 2009 that an individual
appropriations bill has been conferenced with the Senate and enacted
before the September 30 fiscal year deadline.
Third, this legislation includes $1.1 billion in funding to respond
to and stop the spread of the Zika virus. This funding is directed to
programs that control mosquitoes, develop vaccines, and treat those
affected. This funding is spent responsibly, balanced by $400 million
in offsets of unused funding from other programs.
Lastly, this legislation includes important provisions that address
current national needs, including an additional $37 million to fight
the opioid epidemic, which has struck my district especially hard, and
an additional $500 million in disaster-designated funding to help
States recover and rebuild from recent destructive flooding.
I believe this legislation is a good compromise that this House can
and should support. It is not perfect, but it ensures we meet our
Nation's current critical needs.
I have said many times before, standing in this exact spot, that a
continuing resolution is a last resort. But at this point, it is what
we must do to fulfill our congressional responsibility to keep the
lights on in our government.
So I urge my colleagues to vote ``aye'' on this necessary legislation
so we can send it to the President's desk without delay.
Mr. Speaker, I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of the 2017 continuing resolution. Seven months
after President Obama requested emergency assistance to respond to the
Zika virus, it is long past time for Congress to act. The $1.1 billion
provided equals the total funding the Senate passed by a vote of 89-8
in May.
The continuing resolution includes the full-year 2017 appropriations
bill for Military Construction and Veterans Affairs, providing $82.7
billion to address the needs of those who have served our Nation in
uniform, as well as construction costs necessary to supportive and
reserve components of the military and their families.
[[Page H6090]]
It extends current Federal spending rates through December 9, which
is sufficient time for Congress to negotiate and enact an omnibus
consisting of each of the remaining 11 appropriations bills.
I object to the inclusion of $400 million in rescissions in this CR,
which could lead some to believe, incorrectly, that emergency spending
should be offset or will be in the future. I also object to the
continuation of a rider shielding corporate political spending from
public disclosure.
During the lameduck session, Congress must enact a Water Resources
Development Act conference report that includes robust funding to
respond to the manmade disaster in Flint, as well as emergency funding
to respond to the natural disaster in Louisiana.
I intend to vote for this continuing resolution.
Mr. Speaker, I reserve the balance of my time.
Mr. ROGERS of Kentucky. Mr. Speaker, I reserve the balance of my
time.
{time} 2100
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Honda), the ranking member of the Commerce, Justice,
Science, and Related Agencies Appropriations Subcommittee.
Mr. HONDA. Mr. Speaker, we know the Republican majority wants to
adjourn and go home, but we shouldn't be going home until the work is
done. Americans understand that concept. They stay and work until the
job is done. So why don't the Republicans?
Here we are, once again, voting on another continuing resolution just
hours before a devastating government shutdown. The last shutdown in
2013 cost the American taxpayers $2 billion. Now, that is a lot of
money that was wasted because Republicans refused to do their jobs.
That was money that could have been used to tackle the Zika outbreak or
the water issues in Flint or provide much-needed assistance to flood
victims in Louisiana.
In this last-minute CR, Republicans are finally letting us address
Zika. That is after months of ignoring this serious issue. We could
have--should have--done better. The pregnant women and children
infected with Zika deserve better. The same goes for Flint. After
thousands of children are poisoned by lead, we finally have some
assurances that the contaminated water supply will be addressed.
I am proud to have fought alongside my Democratic colleagues to make
sure these children would not continue to be the victims of politics.
Even the one job Congress is required to do--fund the government--the
majority won't let us do.
Today's CR does not actually amount to Republicans doing their job.
We are simply kicking the can down the road and setting up for another
eleventh-hour Band-Aid like tonight to, once again, avert a government
shutdown in December.
We can do better. We are elected to do better--and better will simply
be doing our jobs. That is all the American people want from us.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield such time as he may
consume to the gentleman from Louisiana (Mr. Graves).
Mr. GRAVES of Louisiana. Mr. Speaker, I thank my colleague for
yielding and wish to engage the gentleman from Kentucky, the chairman
of the Appropriations Committee, in a colloquy.
Before I ask the chairman my question, I want to recognize his
efforts for reaching an agreement on a package to fund the government
through December 9 and include interim aid to the August 2016 flood
victims in south Louisiana.
Early last month, the people of south Louisiana experienced an
extraordinary flood event, about a 1,000-year rain event. To put it in
perspective, 7 trillion gallons of water fell in about 48 hours. That
is roughly the same amount of water discharged by the entire
Mississippi River system into the Gulf of Mexico over the course of
about 80 days. If you live up North, that equates to somewhere in the
vicinity of about 25 feet of snow in 36 hours. If you live in Arizona,
in some areas, that is up to 10 years of cumulative rainfall.
As many as 110,000 homes and more than 100,000 vehicles were damaged.
All told, more than 20,000 people were rescued, 10,000 sheltered, and
13 lost their lives. Early estimates predict that this disaster will
cost upward of $15 billion in economic damages, and FEMA estimates this
will be the fourth most costly flood disaster in U.S. history.
Over the past several weeks, the gentleman from Kentucky and I have
discussed the flood and the extraordinary impact on our State several
times. During those meetings, we discussed the devastating impact I
just spoke of and the need for both immediate unmet needs assistance as
well as a comprehensive strategy and solution to provide the people of
south Louisiana certainty that Congress will address their long-term
needs when we return after the election.
During those discussions, we discussed--and you acknowledged--that
dire situation so many are facing and will face in the coming weeks in
south Louisiana--that of handing over their keys and walking away or
sticking it out knowing that Congress may provide them with a hand up.
Mr. Chairman, families are facing foreclosure, businesses are facing
bankruptcy, and local communities are struggling to provide basic
services such as policing, fire protection, and schooling, among
others. The disaster funding provided through this legislation, though
helpful, will not address all of the financial challenges our community
is facing.
That is why I want to engage the chairman tonight.
Mr. Chairman, thousands are facing bankruptcy, foreclosure, elevation
of homes, need for flood protection, and other financial challenges as
a result of the August flood event in south Louisiana.
Is it your intent, as we discussed, to deliver a package to address
the needs of our local communities who desperately need it when we
return?
Mr. ROGERS of Kentucky. Will the gentleman yield?
Mr. GRAVES of Louisiana. I yield to the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Mr. Speaker, I salute the gentleman from
Louisiana, who has been tirelessly working to help the people in his
district and the State of Louisiana for the terrible disaster that has
stricken that State.
I thank you for your efforts to share information about this with me
and the committee regarding the devastating impacts of the flood. Many
of the Members of Congress from across the country that you led to the
flooded areas have also reached out to us advocating for assistance to
Louisiana.
It is my intention to work with the White House, my colleagues in the
Senate, as well as our respective leadership teams over the coming
weeks to head off the personal and fiscal calamity so many are facing
in south Louisiana. Sir, you have my commitment to work towards that
end.
Mr. GRAVES of Louisiana. The commitment to work toward additional
recovery dollars and assistance is the difference between a viable
recovery and a decades-long struggling effort in south Louisiana, and I
want to thank Chairman Rogers for his commitment.
Mr. ROGERS of Kentucky. Mr. Speaker, I reserve the balance of my
time.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Connecticut (Ms. DeLauro), the ranking member of the Labor, Health and
Human Services, Education, and Related Agencies Appropriations
Subcommittee.
Ms. DeLAURO. Mr. Speaker, I rise in support of this continuing
resolution, though I prefer full-year funding for all of the government
rather than just through December 9. It is good that this bill funds
veterans and military construction programs through next year.
While I am pleased that the bill includes $1.1 billion for the Zika
public health emergency, I am very disappointed that this funding comes
7 months after the President's emergency request and is $800 million
short. Zika is a public health crisis that has waited too long to be
funded.
Congress should have provided this funding before local transmission
began in Florida and in Puerto Rico. Zika is long from over, and we
will need to provide additional resources to combat the Zika virus in
the future.
In the interim, this supplemental does address some critical Zika-
related
[[Page H6091]]
needs in the U.S. and its territories. It includes $126 million for
healthcare services, including, yes, contraceptive services for Puerto
Rico and the territories to help nearly 20,000 people infected with
Zika, including more than 1,300 pregnant women. Another $400 million in
the Zika supplemental is for advanced research and development at NIH
and BARDA, which will support clinical trials of vaccine candidates and
advanced diagnostics.
I am pleased that State and local health departments, which are under
severe financial strain, will be reimbursed for $44 million that was
taken from their budgets earlier this year.
I am disappointed that we are not providing the people of Flint,
Michigan, with immediate relief after failing to provide emergency
resources for over a year. While I support quickly providing emergency
assistance to Louisiana, we should do the same to assist the people of
Flint--9,000 children, lead poisoning. I hope that the chairman will
have that same commitment to Flint, Michigan, as he does to Louisiana.
I am also disappointed that this bill contains almost half a percent
across-the-board funding cuts. We can and must do better going forward.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield such time as he may
consume to the gentleman from Pennsylvania (Mr. Dent), the chairman of
the Military Construction, Veterans Affairs, and Related Agencies
Subcommittee and the author of the bill that is before us now.
Mr. DENT. Mr. Speaker, the continuing resolution before you includes,
in Division A, the full-year appropriations for Military Construction,
Veterans Affairs, and Related Agencies for fiscal year 2017. Division A
is exactly the same as the MILCON-VA conference report that was
approved by the House on June 23.
Thanks to the leadership of Chairman Rogers; Mrs. Lowey, the ranking
member, and the partnership of the subcommittee ranking member, Sanford
Bishop, the gentleman from Georgia, this conference report was
negotiated with the Senate and will provide necessary funding for the
Department of Veterans Affairs and military construction projects.
This conference report demonstrates our firm commitment to fully
supporting our Nation's veterans and servicemembers and their families.
The total investment is $82.5 billion for Military Construction, VA,
and Related Agencies--$2.6 billion over last year's level.
This bill provides comprehensive support for servicemembers, military
families, and veterans. It supports our troops with the facilities and
services necessary to maintain readiness and morale at bases here in
the States and, of course, overseas. It provides for Defense Department
schools and health clinics that take care of our military families.
The bill funds our veteran healthcare systems to ensure that our
promise to care for those who have sacrificed in defense of this great
Nation continues as those men and women return home. We owe this to our
veterans and are committed to sustained oversight so that programs
deliver what they promise and taxpayers are well served by the
investments we make.
On the military construction side, the bill provides a total of $7.9
billion for military construction projects and family housing,
including base and overseas contingency operations, OCO, funding--an
increase of $282 million over the President's request.
This funding meets DOD's most critical needs, including priority
projects for the combatant commanders and funding new mission
requirements. It provides $304 million for military medical facilities.
It provides $246 million for Defense Department education facilities,
for construction or renovation of four schools. It supports our Guard
and Reserve through $673 million for facilities in 21 States. It funds
military family housing at $1.3 billion. It provides $178 million for
the NATO Security Investment Program, which is $43 million over last
year's level, to deal with the increasing threats and necessary
investments overseas.
On the VA side, the legislation includes a total of $74.4 billion in
discretionary funding for the Department of Veterans Affairs. That is
$2.9 billion above the fiscal year 2016.
VA medical services, the bill funds VA medical services at $58.8
billion. Many Members expressed concerns about medical services, and we
were able to fully fund the budget request for hepatitis C at $1.5
billion--and I believe that is about 70,000 veterans who will be
treated for hepatitis C--veteran homelessness at $1.6 billion, long-
term care at $8.6 billion, Office of the Inspector General at $160
million, and caregiver stipends at $735 million, $10 million over the
request.
For disability claims, we provide $30 million over the request for
the Veterans Benefits Administration, which is a $148 million increase
over fiscal year 2016, and the full request for the Board of Veterans'
Appeals, which is about a $46 million increase.
The bill will enhance transparency and accountability at the VA
through further oversight and an increase for the VA Office of
Inspector General's independent audits and investigations.
The legislation also contains $260 million for the modernization of
the VA electronic health record and includes language restricting the
funding until the VA meets milestones and certifies interoperability to
meet statutory requirements. This, of course, is a major priority for
the committee. I know the chairman and the ranking member have spoken
at length about the integrated health record, and we have to get this
done.
Major construction--we continue to focus on major construction
oversight and maintain strict requirements, including holding back 100
percent of the funding for the largest construction projects until VA
meets our requirements.
We include bill language requiring improved standards for the suicide
hotline and certification of mental health therapists to expand access
for veterans who need their care.
We include major new whistleblower protections for VA employees to
avoid retribution for the employees.
In closing, this is a very solid, bipartisan bill that is focused on
the needs of servicemembers, veterans, and all their families. We are
$2.6 billion--$2.6 billion with a B--over the fiscal year 2016 level;
more than a 3 percent increase. We have provided for our military and
veterans to the very best level we can in a manner that is fiscally
responsible within the constraints of the Budget Act we adopted last
year.
We are going to do a lot of good with this bill. It is fair, it is
balanced, and it is generous.
On behalf of our servicemembers, military families, and veterans, I
urge support of this legislation. Let's take care of those who
sacrificed so much for our country.
I urge support of the resolution with an ``aye'' vote.
Once again, I thank the chair, the ranking member, and Mr. Bishop for
all their support of this legislation.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentleman from
Georgia (Mr. Bishop), the ranking member of the Military Construction,
Veterans Affairs, and Related Agencies Appropriations Subcommittee. I
am so pleased that Mr. Bishop and Chairman Dent were able to craft such
an outstanding bill to really support our veterans who have served us
with such distinction.
{time} 2115
Mr. BISHOP of Georgia. Mr. Speaker, I thank the gentlewoman for
yielding.
Mr. Speaker, division A of the MILCON/VA portion provides robust
funding for military construction and provides adequate funding for
both the Active and Reserve components.
I was pleased the bill provides $35 million above the FY17 budget
request to help speed up the cleanup of former Defense Department sites
within the Base Realignment and Closure Account.
The bill provides $74.4 billion, $3 billion above the FY16-enacted
level in discretionary funding for VA programs. I believe that these
resources will have a profound impact on the lives of our Nation's
veterans. A couple of VA items that I want to highlight are the $1.5
billion for hepatitis C treatment, which is $840 million above the
President's request.
In addition, the bill includes $78 million for the Veterans Crisis
Line and,
[[Page H6092]]
overall, $173 million for suicide prevention. Furthermore, language is
included that requires certain professional standards for the suicide
hotline. This is a topic that many Members on both sides of the aisle
were concerned about, and I think that we have taken some important
steps for it to function better.
Mr. Speaker, the funding provided will help the Department of
Veterans Affairs provide better care and better service to our
veterans. I believe that the resources provided in the bill will help
lead to the elimination of a claims backlog, which is now under
$75,000, down from a high of $650,000. The bill includes healthy
funding for the Board of Veterans' Appeals.
Furthermore, Mr. Speaker, the bill carries the authorization for
several major construction projects that were previously funded. I
believe it is past time to get these projects going because the demand
on the VA is going to grow.
As I stated earlier, the MILCON/VA portion of this package is a good
one and is one that I think we can all be proud of.
Finally, Mr. Speaker, I would like to thank Chairman Rogers, Ranking
Member Lowey, and my colleague and friend Chairman Dent for their hard
work on this bill. I couldn't have asked for better partners in
conducting our business and fashioning a bipartisan bill.
Mr. ROGERS of Kentucky. Mr. Speaker, I reserve the balance of my
time.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Florida (Ms. Wasserman Schultz), the ranking member of the Legislative
Branch Appropriations Subcommittee.
Ms. WASSERMAN SCHULTZ. Mr. Speaker, I thank the gentlewoman for her
leadership and for joining me in pushing for us to reach the point that
we have, where we now have not all the funding we need, but $1.1
billion to finally fight the Zika virus without also fighting the
political weight that had weighed it down for many, many months.
While I rise today in support of the fiscal year 2017 continuing
resolution, I also rise to express my significant objections to the
delay in bringing this bill to the floor with funds to attack the Zika
virus.
In south Florida, we have waited more than 7 months for congressional
Republicans to drop their political games and approve funding to stop
the spread of the Zika virus. South Florida, as many probably know by
now, is the epicenter for this virus. And yesterday, the Florida
Department of Health confirmed its 900th case of the Zika virus.
Despite this hefty toll, Congressional Republicans repeatedly put
partisan politics before women's health care and inserted a provision
in the Zika bills that would have cut off funding for Planned
Parenthood. My Republican colleagues spent much of the past 9 months
firm in their belief that the most appropriate response to a virus that
overwhelmingly affects pregnant women was to place a politically
motivated ban on funding for reproductive health care, and that was
unacceptable. This is shameful conduct that hurt women all across
Florida and Puerto Rico.
And while some may praise today's agreement as a breakthrough and the
end of our action on Zika, I must warn my colleagues that the mosquitos
that carry the Zika virus do not know if they are biting a Republican
or a Democrat, they don't know whether they are in Florida or Georgia
or Michigan or Louisiana or any other State, or whether Congress has
passed an eleventh-hour stopgap funding bill. They simply bite you and
infect you with Zika. And because of that risk, our work in defeating
this virus is far from over. We must drop the politics and stop playing
politics with women's health.
Mr. ROGERS of Kentucky. Mr. Speaker, I continue to reserve the
balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Pelosi), the distinguished Democratic leader.
Ms. PELOSI. Mr. Speaker, I thank the ranking member of the
Appropriations Committee for yielding. And I thank her for her great
work being involved in the appropriations process, which I shared with
her for many years, but a place where so many of our values are
reflected by how we allocate our resources. I particularly want to
thank Congresswoman Nita Lowey, Congresswoman Debbie Wasserman Schultz,
and Congresswoman Rosa DeLauro for their relentless, persistent,
constant advocacy for this Flint money.
As you know, Mr. Speaker, it was February when President Obama sent
over a request for $1.9 billion to address the Zika crisis. This was an
amount of money based on expert advice and was related to scientific
evidence. It related to how we would do research for a vaccine, how we
would do vector control, how we would do prevention, and, as our
colleagues have mentioned, how we address the issue that this is a very
unusual situation because it is sexually transmitted, and we had the
obstacle of saying no contraception, which held us up for awhile.
So today, finally, we come to the floor, and I think it is very
important that we take the action that we do. But I do want to remind
you that $1.1 billion is still $800 million short of the $1.9 billion
the President requested. Some of that other money was taken from the
Ebola resources, which were sorely needed, and continue to be needed
there. So while this is an important, giant step, it is not complete in
terms of what we need to do.
The continuing resolution before us must recognize that more than
23,000 Americans, including almost 2,100 pregnant women, have been
infected with Zika. The bill falls short, as I said, of the $1.9
billion that top public health officials said is the full amount
required to protect American communities.
But I would say this. I think there are some good intentions in a
bipartisan way of the distinguished chairman of the Appropriations
Committee and others, working with Congresswoman Lowey, Congresswoman
DeLauro, and Congresswoman Wasserman Schultz, to think in terms of
anticipation rather than reaction that perhaps we could have a FEMA-
like fund for disasters of this kind that affect the public health. The
public health system is a strength of our country, and when it is
threatened, we must have the resources to protect it.
So perhaps out of this long delay, one of the things that could come
together is a conversation that says, let's have FEMA-like biomedical
research, whatever it happens to be, reaction to a public health
emergency that enables us to do the research necessary to protect the
public health of the American people.
Earlier tonight, the House took an important, long overdue step
toward addressing a man-made disaster in Flint, Michigan. The success
of the Flint amendment is a tribute to the leadership of Congressman
Dan Kildee, who has been an absolute lion--a lion--for the children and
families of Flint throughout this crisis. Thanks to Congressman Kildee,
we have sent a message of hope to the people of Flint.
It is my hope that in the House-Senate WRDA conference, we can move
forward the Flint assistance that overwhelmingly passed the Senate by
95-3 earlier this month. With strong bipartisan support, the amendment
passed earlier this month.
While we would have preferred to deliver those funds to the children
of Flint in this bill, we are at least on a path to meaningful action,
and that is important to mention.
In this bill--and our distinguished chairman made this reference, and
certainly our distinguished ranking member on the committee, Mr.
Bishop, made the point about what the bill contains to increase the
funding for the military and veteran caregivers. So much is in this
bill about veterans. And as they say in the military, on the
battlefield, we leave no soldier behind; and when they come home, we
leave no veteran behind. So many in this room on both sides of the
aisle have been champions in that, and certainly our ranking member,
Mr. Bishop.
I particularly want to highlight that in this bill, we have increased
funding for our military and veteran caregivers, strengthening the
support for America's hidden heroes. The hidden heroes were named such
by Senator, Secretary--she carries many titles--Elizabeth Dole.
Yesterday, in the United States Capitol Visitor Center theater,
hundreds of
[[Page H6093]]
caregivers of our military and veteran families came together to talk
about the shared challenges that they have to be engaged in a Hidden
Heroes launch, the launching of cities in conjunction with the actions
of the Hidden Heroes initiative. I am proud to be a cochair with the
Hidden Heroes Congressional Caucus with Senator McCain and Senator Reed
on the Senate side and our chairman, Congressman Jeff Miller, on the
House side.
In this bill, there is $10 million to boost the VA caregivers
initiatives that will help address the increasing demand on VA services
as servicemembers continue to come home to their families. Hidden
heroes, do you know how many there are? 5.5 million military and
veteran caregivers in our country. How these families raise their
children, care for their loved ones, siblings, spouses, children is
remarkable, and this legislation recognizes that need to assist with
training and all.
We must ensure that the VA can meet the demand of a growing
population of caregivers, hiring more staff and coordinators to make
sure veterans and their families, friends, and loved ones get the
services they earned and deserve.
With this CR, we will keep the government open and prevent any self-
inflicted wounds to our economy that had been inflicted before.
I want to especially thank our ranking member, Nita Lowey, for her
leadership in helping to craft this bipartisan path forward. I thank
our distinguished chairman for his leadership. I extend my gratitude to
the Speaker for us coming together to address the issue of Flint, which
has enabled us to come forward in this legislation. For that reason, I
will be supporting this legislation.
Mr. ROGERS of Kentucky. Mr. Speaker, I continue to reserve the
balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentlewoman from
Texas (Ms. Jackson Lee), a member of the Homeland Security Committee
and the Judiciary Committee.
Ms. JACKSON LEE. Mr. Speaker, let me associate myself with the words
of our leader. Let me also thank Ranking Member Lowey, all of the
appropriators, and the chairman of the Appropriations Committee.
This is a terrible time to shut the government down. So I rise today
to support this CR for a number of reasons.
A few months ago, in Houston, Texas, I organized the regional Zika
Virus Task Force. The committee members, representing public and
private health professionals, talked about active surveillance, were
concerned about the number of infections among pregnant women, and
talked as well about the issue of mosquito control, research, and a
vaccination.
{time} 2130
I am glad that some of the funds here will be able to help us in
dealing with these issues--long overdue. Coming from a flood-ridden
State, let me say that I appreciate the funding for Baton Rouge. I
thank those who were involved, particularly Cedric Richmond, who, on
our side of the aisle, worked so very hard.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mrs. LOWEY. I yield the gentlewoman an additional 1 minute.
Ms. JACKSON LEE. I thank the gentlewoman.
Mr. Speaker, I also want to make mention of the Flint dollars. We
have worked very hard with the Michigan delegation on the issue of
Flint funding. I am glad that the amendment of Mr. Kildee and others
passed in the WRDA bill, but we must deal with that question as well.
Where we are is that we are keeping hardworking employees and
government services going. We are helping our veterans. We are making
sure health services are going forward. We are making sure the
necessary facilities that our public uses will be open. What a shame to
have closed a number of these facilities that are so important.
As we go forward, in coming from Houston and in having experienced
the tax day floods and the Memorial Day floods, I am looking forward to
working with the appropriators for funding--that will help us do a
massive study on the bayous in the region--with an amendment that I
have submitted to the energy and water bill.
Finally, I would say that it is time that we recognize that
government worked for the American people, and what we have to do is
not borrow to pay Paul. We should have given the $1.9 billion in Zika
funding. It is $1.1 billion, but I think we can do better, and I hope
we will do so.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 2 minutes to the
distinguished gentleman from Louisiana (Mr. Scalise), the distinguished
whip of the House and a champion for the people in his State and in his
district during their devastating floods.
Mr. SCALISE. I thank the gentleman from Kentucky for his leadership
in bringing this critical piece of legislation forward.
Mr. Speaker, I specifically want to talk about the important language
that is in this bill to help the people of south Louisiana recover from
the devastating flooding that we saw last month. Over 100,000 houses
were damaged, and thousands of families are still making the decision
of whether or not they are going to be able to rebuild. This
legislation gives them not only hope but a serious down payment so that
people will know that the Federal Government is there to help them get
back in their homes and rebuild their communities at such a vital
stage.
We saw so many positive things come out of the resiliency of the
people of Louisiana. You saw the Cajun Navy--citizens--just helping
their fellow neighbors, saving people's lives over and over again, and
faith-based organizations coming together. When you see the worst of
times, like we did during that tragic flooding, you also see the best
in people, and this bill makes a serious down payment to help those
people get back in their homes and rebuild their communities.
I urge all of my colleagues to vote for this bill so that we can do
the work of the people of this great Nation.
Mrs. LOWEY. Mr. Speaker, I inquire of the gentleman from Kentucky if
he has any further requests for time.
Mr. ROGERS of Kentucky. Mr. Speaker, I am ready to close.
Mrs. LOWEY. Mr. Speaker, I yield back the balance of my time.
Mr. ROGERS of Kentucky. Mr. Speaker, for all of these reasons that
you have heard tonight, we need to pass this bill to keep the
government operating--and keep the lights on in the government--and to
provide the assistance to the Nation's needs, as you have heard
described here. I urge the adoption of the bill.
Mr. Speaker, I yield back the balance of my time.
Ms. ROYBAL-ALLARD. Mr. Speaker, it is disappointing that, once again,
Republican leaders have failed to complete the appropriations process
on time, and decided that critical government funding decisions can be
delayed until December. While I will vote for tonight's Continuing
Resolution so that our government can keep functioning, I will cast my
vote in the hope that Congress will act in December to pass an omnibus
spending bill that does more to create jobs, bolster paychecks, improve
our infrastructure, and keep our country safe.
The CR includes a badly needed and long-overdue $1.1 billion to fund
our fight against the Zika virus. While I would have preferred a bill
that funded President Obama's $1.9 billion Zika request, the funding in
this resolution is an important first step in helping us to combat
Zika's terrible threat. In addition, I am pleased that Republican
leaders agreed to stop tying this funding to partisan political
tactics, such as gutting the Clean Water Act.
However, I am concerned about several elements of the CR. For
example, it hobbles the Export-Import Bank's ability to help American
businesses and workers and it prevents the Securities and Exchange
Commission from making public companies' political spending more
transparent.
Again, I will vote for this CR to keep government doors open. I hope
the December omnibus will address the defects I described, and endeavor
on many fronts to make our nation more prosperous and secure.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 901, the previous question is ordered.
The question is on the motion by the gentleman from Kentucky (Mr.
Rogers).
[[Page H6094]]
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. ROGERS of Kentucky. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on the motion to concur will be followed by 5-minute votes
on the passage of H.R. 6094 and agreeing to the Speaker's approval of
the Journal, if ordered.
The vote was taken by electronic device, and there were--yeas 342,
nays 85, not voting 5, as follows:
[Roll No. 573]
YEAS--342
Abraham
Adams
Aderholt
Aguilar
Allen
Amodei
Ashford
Barletta
Barr
Barton
Bass
Beatty
Becerra
Benishek
Bera
Beyer
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Blum
Bonamici
Bost
Boustany
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Brooks (IN)
Brown (FL)
Brownley (CA)
Buchanan
Bucshon
Bustos
Butterfield
Calvert
Capps
Capuano
Carney
Carson (IN)
Carter (GA)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chabot
Chaffetz
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clawson (FL)
Clay
Cleaver
Clyburn
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Connolly
Cook
Cooper
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Curbelo (FL)
Davis (CA)
Davis, Danny
Davis, Rodney
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSantis
DeSaulnier
Deutch
Diaz-Balart
Doggett
Dold
Donovan
Doyle, Michael F.
Duckworth
Duffy
Edwards
Engel
Eshoo
Esty
Farr
Fitzpatrick
Fleischmann
Fleming
Forbes
Foster
Foxx
Frankel (FL)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Garrett
Gibson
Goodlatte
Graham
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Grijalva
Grothman
Guinta
Guthrie
Gutierrez
Hahn
Hanna
Hardy
Harper
Hartzler
Hastings
Heck (NV)
Heck (WA)
Herrera Beutler
Higgins
Hill
Himes
Hinojosa
Honda
Hoyer
Hudson
Huffman
Huizenga (MI)
Hunter
Hurd (TX)
Hurt (VA)
Israel
Issa
Jackson Lee
Jeffries
Jenkins (KS)
Jenkins (WV)
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Jolly
Joyce
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Kilmer
Kind
King (NY)
Kinzinger (IL)
Kline
Knight
Kuster
LaMalfa
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lee
Lewis
Lieu, Ted
Lipinski
LoBiondo
Loebsack
Lofgren
Loudermilk
Love
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Lynch
MacArthur
Maloney, Carolyn
Maloney, Sean
Matsui
McCarthy
McCaul
McClintock
McCollum
McGovern
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meehan
Meeks
Meng
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Moore
Moulton
Murphy (FL)
Murphy (PA)
Nadler
Napolitano
Neal
Noem
Nolan
Norcross
Nugent
Nunes
O'Rourke
Olson
Palazzo
Pallone
Pascrell
Paulsen
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pittenger
Pocan
Poliquin
Polis
Posey
Price (NC)
Price, Tom
Quigley
Rangel
Reed
Reichert
Rice (NY)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rooney (FL)
Ros-Lehtinen
Ross
Rouzer
Roybal-Allard
Royce
Ruiz
Ruppersberger
Ryan (OH)
Ryan (WI)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, Austin
Scott, David
Serrano
Sessions
Sewell (AL)
Sherman
Shimkus
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (NE)
Smith (TX)
Smith (WA)
Speier
Stefanik
Stewart
Stivers
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Titus
Tonko
Torres
Trott
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Wagner
Walberg
Walden
Walorski
Walters, Mimi
Walz
Wasserman Schultz
Watson Coleman
Webster (FL)
Welch
Wenstrup
Westerman
Wilson (FL)
Wilson (SC)
Womack
Woodall
Yarmuth
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NAYS--85
Amash
Babin
Black
Blackburn
Blumenauer
Brat
Bridenstine
Brooks (AL)
Buck
Burgess
Byrne
Conyers
Davidson
DeFazio
DesJarlais
Dingell
Duncan (SC)
Duncan (TN)
Ellison
Ellmers (NC)
Emmer (MN)
Farenthold
Fincher
Flores
Fortenberry
Franks (AZ)
Gibbs
Gohmert
Gosar
Gowdy
Griffith
Harris
Hensarling
Hice, Jody B.
Holding
Huelskamp
Hultgren
Johnson, Sam
Jones
Jordan
Kelly (MS)
Kelly (PA)
Kildee
King (IA)
Labrador
LaHood
Lawrence
Levin
Long
Marchant
Marino
Massie
McDermott
Meadows
Mullin
Mulvaney
Neugebauer
Newhouse
Palmer
Pearce
Perry
Pitts
Pompeo
Ratcliffe
Renacci
Ribble
Rice (SC)
Rohrabacher
Rokita
Roskam
Rothfus
Russell
Salmon
Sanford
Schweikert
Sensenbrenner
Smith (MO)
Smith (NJ)
Stutzman
Walker
Waters, Maxine
Weber (TX)
Westmoreland
Williams
Wittman
NOT VOTING--5
Cardenas
Kirkpatrick
Payne
Poe (TX)
Rush
{time} 2156
Messrs. ROSKAM, CONYERS, and RUSSELL changed their vote from ``yea''
to ``nay.''
Messrs. HURT of Virginia, LAMBORN, ROUZER, and POSEY changed their
vote from ``nay'' to ``yea.''
So the motion to concur was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. CARDENAS. Mr. Speaker, I was unavoidably detained. Had I been
present, I would have voted ``yea'' on rollcall No. 573.
____________________