[Congressional Record (Bound Edition), Volume 162 (2016), Part 10]
[Senate]
[Pages 13677-13695]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5103. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill H.R. 5325, making appropriations for the Legislative 
Branch for the fiscal year ending September 30, 2017, and for other 
purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     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 APPROPRIATIONS ACT, 2016

            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     shall be available (or rescinded, if applicable) only if the 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 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

[[Page 13678]]

     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.
       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

[[Page 13679]]

     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
       ``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

[[Page 13680]]

     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.

                     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

[[Page 13681]]

     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

[[Page 13682]]

     for a project were made available in a previous major project 
     appropriation, $528,110,000, of which $478,110,000 shall 
     remain available until September 30, 2021, and of which 
     $50,000,000 shall remain available until expended:  Provided, 
     That except for advance planning activities, including needs 
     assessments which may or may not lead to capital investments, 
     and other capital asset management related activities, 
     including portfolio development and management activities, 
     and investment strategy studies funded through the advance 
     planning fund and the planning and design activities funded 
     through the design fund, including needs assessments which 
     may or may not lead to capital investments, and salaries and 
     associated costs of the resident engineers who oversee those 
     capital investments funded through this account and 
     contracting officers who manage specific major construction 
     projects, and funds provided for the purchase, security, and 
     maintenance of land for the National Cemetery Administration 
     through the land acquisition line item, none of the funds 
     made available under this heading shall be used for any 
     project that has not been notified to Congress through the 
     budgetary process or that has not been approved by the 
     Congress through statute, joint resolution, or in the 
     explanatory statement accompanying such Act and presented to 
     the President at the time of enrollment:  Provided further, 
     That funds made available under this heading for fiscal year 
     2017, for each approved project shall be obligated: (1) by 
     the awarding of a construction documents contract by 
     September 30, 2017; and (2) by the awarding of a construction 
     contract by September 30, 2018:  Provided further, That the 
     Secretary of Veterans Affairs shall promptly submit to the 
     Committees on Appropriations of both Houses of Congress a 
     written report on any approved major construction project for 
     which obligations are not incurred within the time 
     limitations established above:  Provided further, That, of 
     the amount made available under this heading, $222,620,000 
     for Veterans Health Administration major construction 
     projects shall not be available until the Department of 
     Veterans Affairs--
       (1) enters into an agreement with an appropriate non-
     Department of Veterans Affairs Federal entity to serve as the 
     design and/or construction agent for any Veterans Health 
     Administration major construction project with a Total 
     Estimated Cost of $100,000,000 or above by providing full 
     project management services, including management of the 
     project design, acquisition, construction, and contract 
     changes, consistent with section 502 of Public Law 114-58; 
     and
       (2) certifies in writing that such an agreement is executed 
     and intended to minimize or prevent subsequent major 
     construction project cost overruns and provides a copy of the 
     agreement entered into and any required supplementary 
     information to the Committees on Appropriations of both 
     Houses of Congress.

                      construction, minor projects

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

       grants for construction of state extended care facilities

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

             grants for construction of veterans cemeteries

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

                       Administrative Provisions

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

[[Page 13683]]

     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 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

[[Page 13684]]

     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.
       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.

[[Page 13685]]

       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 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):

[[Page 13686]]

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

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

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

     ``Sec. 735. Training regarding whistleblower complaints

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

[[Page 13687]]

       (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:
       ``(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

[[Page 13688]]

     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 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.

[[Page 13689]]

       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 
     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.

[[Page 13690]]

       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 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

[[Page 13691]]

     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.

[[Page 13692]]



                               TITLE III

                   GENERAL PROVISIONS--THIS DIVISION

                extension of authorities and provisions

       Sec. 301.  Unless otherwise provided for by this division, 
     the additional amounts appropriated pursuant to this division 
     are subject to the requirements for funds contained in the 
     Consolidated Appropriations Act, 2016 (Public Law 114-113).

                      personal service contractors

       Sec. 302.  Funds made available by this division may be 
     used to enter into contracts with individuals for the 
     provision of personal services (as described in section 104 
     of part 37 of title 48, Code of Federal Regulations (48 CFR 
     37.104)) to support the purposes of titles I and II of this 
     division, within the United States and abroad, subject to 
     prior consultation with, and the notification procedures of, 
     the Committees on Appropriations:  Provided, That such 
     individuals may not be deemed employees of the United States 
     for the purpose of any law administered by the Office of 
     Personnel Management:  Provided further, That the authority 
     made available pursuant to this section shall expire on 
     September 30, 2017.

                         designation retention

       Sec. 303.  Any amount appropriated by this division, 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 and subsequently so 
     designated by the President, and transferred pursuant to 
     transfer authorities provided by this division shall retain 
     such designation.

                             effective date

       Sec. 304.  This division shall become effective immediately 
     upon enactment of this Act.
        This division may be cited as the ``Zika Response and 
     Preparedness Appropriations Act, 2016''.

            DIVISION C--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.

[[Page 13693]]

       (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.
       (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

[[Page 13694]]

     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 ``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.
       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 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

[[Page 13695]]

     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.
       Sec. 102.  The first sections 1 through 6 and divisions A 
     through D of the ``Continuing Appropriations and Military 
     Construction, Veterans Affairs, and Related Agencies 
     Appropriations Act, 2017, and Zika Response and Preparedness 
     Act'' shall have no force or effect.
                                 ______
                                 
  SA 5104. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill H.R. 5325, making appropriations for the Legislative 
Branch for the fiscal year ending September 30, 2017, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. QUORUM REQUIREMENT FOR BOARD OF DIRECTORS OF 
                   EXPORT-IMPORT BANK OF THE UNITED STATES.

       (a) In General.--Notwithstanding section 3(c)(6) of the 
     Export-Import Bank Act of 1945 (12 U.S.C. 635a(c)(6)), not 
     more than 2 ex officio members of the Board of Directors of 
     the Export-Import Bank of the United States shall be counted 
     toward a quorum only for the purposes of decisions of the 
     Board regarding loans, guarantees, insurance, credits, and 
     other financing activities of the Bank, during the period 
     that begins on the date of the enactment of this Act, and 
     ends on September 30, 2017, if, during that period, there are 
     fewer than 3 individuals holding office on the Board who were 
     appointed to the Board by the President.
       (b) Ex Officio Board Member Defined.--In this section, the 
     term ``ex officio Board member'' means an individual who--
       (1) holds a position, identified in section 1 of article I 
     of the bylaws of the Export-Import Bank of the United States, 
     for which the individual serves as an ex officio member of 
     the Board of Directors of the Bank; and
       (2) has been confirmed by the Senate to that position.

     SEC. __. INTERNET DOMAIN NAME SYSTEM FUNCTIONS.

       (a) Notwithstanding subsection (b) of section 539 of 
     division B of the Consolidated Appropriations Act, 2016 
     (Public Law 114-113; 129 Stat. 2332), subsection (a) of that 
     section shall continue in effect through September 30, 2017, 
     and shall apply to funds made available by that Act and by 
     this Act.
       (b) The Department of Commerce shall maintain and not 
     relinquish, terminate, lapse, cancel, or otherwise cease 
     responsibilities held at any time during fiscal year 2016 
     with respect to Internet domain name system functions, 
     including responsibility with respect to the authoritative 
     root zone file and the Internet Assigned Numbers Authority 
     functions, through September 30, 2017.
       (c) This section shall take effect on the date of enactment 
     of this Act.

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