[Congressional Record (Bound Edition), Volume 162 (2016), Part 7]
[House]
[Pages 9736-9797]
[From the U.S. Government Publishing Office, www.gpo.gov]




   CONFERENCE REPORT ON H.R. 2577, TRANSPORTATION, HOUSING AND URBAN 
       DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016

  Mr. ROGERS of Kentucky submitted the following conference report and 
statement on the bill (H.R. 2577) making appropriations for the 
Departments of Transportation, and Housing and Urban Development, and 
related agencies for the fiscal year ending September 30, 2016, and for 
other purposes.

                  Conference Report (H. Rept. 114-640)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the House to the amendment of 
     the Senate to the bill (H.R. 2577), making appropriations for 
     the Departments of Transportation, and Housing and Urban 
     Development, and related agencies for the fiscal year ending 
     September 30, 2016, and for other purposes, having met, after 
     full and free conference, have agreed to recommend and do 
     recommend to their respective Houses as follows:
       That the Senate recede from its disagreement to the 
     amendment of the House to the amendment of the Senate and 
     agree to the same with an amendment as follows:
       In lieu of the matter proposed to be inserted by the House 
     amendment, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Military Construction, 
     Veterans Affairs, and Related Agencies Appropriations Act, 
     2017 and Zika Response and Preparedness Act''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
Sec. 5. Availability of funds.

   DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2017

Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions

  DIVISION B--ZIKA RESPONSE AND PREPAREDNESS APPROPRIATIONS ACT, 2016

                    DIVISION C--ZIKA VECTOR CONTROL

                    DIVISION D--RESCISSIONS OF FUNDS

     SEC. 3. REFERENCES.

       Except as expressly provided otherwise, any reference to 
     ``this Act'' contained in any division of this Act shall be 
     treated as referring only to the provisions of that division.

     SEC. 4. STATEMENT OF APPROPRIATIONS.

       The following sums in this Act are appropriated, out of any 
     money in the Treasury not otherwise appropriated, for the 
     fiscal year ending September 30, 2017.

     SEC. 5. AVAILABILITY OF FUNDS.

       Each amount designated in this Act by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     shall be available (or rescinded, if applicable) only if the 
     President subsequently so designates all such amounts and 
     transmits such designations to the Congress.

   DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2017

                                TITLE I

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, military 
     installations, facilities, and real property for the Army as 
     currently authorized by law, including personnel in the Army

[[Page 9737]]

     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 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.

[[Page 9738]]



         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 
     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

[[Page 9739]]

     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 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

[[Page 9740]]

     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 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;

[[Page 9741]]

       (2) submits to the Committees on Appropriations of both 
     Houses of Congress, and such Committees approve, the 
     following: a report that describes a strategic plan for VistA 
     Evolution, or any successor program, and the associated 
     implementation plan including metrics and timelines; a master 
     schedule and lifecycle cost estimate for VistA Evolution or 
     any successor; and an implementation plan for the transition 
     from the Project Management Accountability System to a new 
     project delivery framework, the Veteran-focused Integration 
     Process, that includes the methodology by which projects will 
     be tracked, progress measured, and deliverables evaluated;
       (3) submits to the Committees on Appropriations of both 
     Houses of Congress a report outlining the strategic plan to 
     reach interoperability with private sector healthcare 
     providers, the timeline for reaching ``meaningful use'' as 
     defined by the Office of National Coordinator for Health 
     Information Technology for each data domain covered under the 
     VistA Evolution program, and the extent to which the 
     Department of Veterans Affairs leverages the State Health 
     Information Exchanges to share health data with private 
     sector providers;
       (4) submits to the Committees on Appropriations of both 
     Houses of Congress, and such Committees approve, the 
     following: a report that describes the extent to which VistA 
     Evolution, or any successor program, maximizes the use of 
     commercially available software used by DoD and the private 
     sector, requires an open architecture that leverages best 
     practices and rapidly adapts to technologies produced by the 
     private sector, enhances full interoperability between the VA 
     and DoD and between VA and the private sector, and ensures 
     the security of personally identifiable information of 
     veterans and beneficiaries; and
       (5) certifies in writing to the Committees on 
     Appropriations of both Houses of Congress that the Department 
     of Veterans Affairs has met the requirements contained in the 
     National Defense Authorization Act of Fiscal Year 2014 
     (Public Law 113-66) which require that electronic health 
     record systems of the Department of Defense and the 
     Department of Veterans Affairs have reached interoperability, 
     comply with national standards and architectural requirements 
     identified by the DoD/VA Interagency Program Office in 
     collaboration with the Office of National Coordinator for 
     Health Information Technology:
       Provided further, That the funds made available under this 
     heading for information technology systems development, 
     modernization, and enhancement, shall be for the projects, 
     and in the amounts, specified under this heading in the joint 
     explanatory statement accompanying this Act.

                      office of inspector general

       For necessary expenses of the Office of Inspector General, 
     to include information technology, in carrying out the 
     provisions of the Inspector General Act of 1978 (5 U.S.C. 
     App.), $160,106,000, of which not to exceed 10 percent shall 
     remain available until September 30, 2018.

                      construction, major projects

       For constructing, altering, extending, and improving any of 
     the facilities, including parking projects, under the 
     jurisdiction or for the use of the Department of Veterans 
     Affairs, or for any of the purposes set forth in sections 
     316, 2404, 2406 and chapter 81 of title 38, United States 
     Code, not otherwise provided for, including planning, 
     architectural and engineering services, construction 
     management services, maintenance or guarantee period services 
     costs associated with equipment guarantees provided under the 
     project, services of claims analysts, offsite utility and 
     storm drainage system construction costs, and site 
     acquisition, where the estimated cost of a project is more 
     than the amount set forth in section 8104(a)(3)(A) of title 
     38, United States Code, or where funds for a project were 
     made available in a previous major project appropriation, 
     $528,110,000, of which $478,110,000 shall remain available 
     until September 30, 2021, and of which $50,000,000 shall 
     remain available 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,

[[Page 9742]]

     United States Code; hire of passenger motor vehicles; lease 
     of a facility or land or both; and uniforms or allowances 
     therefore, as authorized by sections 5901 through 5902 of 
     title 5, United States Code.
       Sec. 204.  No appropriations in this title (except the 
     appropriations for ``Construction, Major Projects'', and 
     ``Construction, Minor Projects'') shall be available for the 
     purchase of any site for or toward the construction of any 
     new hospital or home.
       Sec. 205.  No appropriations in this title shall be 
     available for hospitalization or examination of any persons 
     (except beneficiaries entitled to such hospitalization or 
     examination under the laws providing such benefits to 
     veterans, and persons receiving such treatment under sections 
     7901 through 7904 of title 5, United States Code, or the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the 
     cost of such hospitalization or examination is made to the 
     ``Medical Services'' account at such rates as may be fixed by 
     the Secretary of Veterans Affairs.
       Sec. 206.  Appropriations available in this title for 
     ``Compensation and Pensions'', ``Readjustment Benefits'', and 
     ``Veterans Insurance and Indemnities'' shall be available for 
     payment of prior year accrued obligations required to be 
     recorded by law against the corresponding prior year accounts 
     within the last quarter of fiscal year 2016.
       Sec. 207.  Appropriations available in this title shall be 
     available to pay prior year obligations of corresponding 
     prior year appropriations accounts resulting from sections 
     3328(a), 3334, and 3712(a) of title 31, United States Code, 
     except that if such obligations are from trust fund accounts 
     they shall be payable only from ``Compensation and 
     Pensions''.

                     (including transfer of funds)

       Sec. 208.  Notwithstanding any other provision of law, 
     during fiscal year 2017, the Secretary of Veterans Affairs 
     shall, from the National Service Life Insurance Fund under 
     section 1920 of title 38, United States Code, the Veterans' 
     Special Life Insurance Fund under section 1923 of title 38, 
     United States Code, and the United States Government Life 
     Insurance Fund under section 1955 of title 38, United States 
     Code, reimburse the ``General Operating Expenses, Veterans 
     Benefits Administration'' and ``Information Technology 
     Systems'' accounts for the cost of administration of the 
     insurance programs financed through those accounts:  
     Provided, That reimbursement shall be made only from the 
     surplus earnings accumulated in such an insurance program 
     during fiscal year 2017 that are available for dividends in 
     that program after claims have been paid and actuarially 
     determined reserves have been set aside:  Provided further, 
     That if the cost of administration of such an insurance 
     program exceeds the amount of surplus earnings accumulated in 
     that program, reimbursement shall be made only to the extent 
     of such surplus earnings:  Provided further, That the 
     Secretary shall determine the cost of administration for 
     fiscal year 2017 which is properly allocable to the provision 
     of each such insurance program and to the provision of any 
     total disability income insurance included in that insurance 
     program.
       Sec. 209.  Amounts deducted from enhanced-use lease 
     proceeds to reimburse an account for expenses incurred by 
     that account during a prior fiscal year for providing 
     enhanced-use lease services, may be obligated during the 
     fiscal year in which the proceeds are received.

                     (including transfer of funds)

       Sec. 210.  Funds available in this title or funds for 
     salaries and other administrative expenses shall also be 
     available to reimburse the Office of Resolution Management of 
     the Department of Veterans Affairs and the Office of 
     Employment Discrimination Complaint Adjudication under 
     section 319 of title 38, United States Code, for all services 
     provided at rates which will recover actual costs but not to 
     exceed $47,668,000 for the Office of Resolution Management 
     and $3,932,000 for the Office of Employment Discrimination 
     Complaint Adjudication:  Provided, That payments may be made 
     in advance for services to be furnished based on estimated 
     costs:  Provided further, That amounts received shall be 
     credited to the ``General Administration'' and ``Information 
     Technology Systems'' accounts for use by the office that 
     provided the service.
       Sec. 211.  No funds of the Department of Veterans Affairs 
     shall be available for hospital 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

[[Page 9743]]

     available on October 1, 2017, for ``Medical Services'', 
     ``Medical Community Care'', ``Medical Support and 
     Compliance'', and ``Medical Facilities'', up to $280,802,000, 
     plus reimbursements, may be transferred to the Joint 
     Department of Defense-Department of Veterans Affairs Medical 
     Facility Demonstration Fund, established by section 1704 of 
     the National Defense Authorization Act for Fiscal Year 2010 
     (Public Law 111-84; 123 Stat. 3571) and may be used for 
     operation of the facilities designated as combined Federal 
     medical facilities as described by section 706 of the Duncan 
     Hunter National Defense Authorization Act for Fiscal Year 
     2009 (Public Law 110-417; 122 Stat. 4500):  Provided, That 
     additional funds may be transferred from accounts designated 
     in this section to the Joint Department of Defense-Department 
     of Veterans Affairs Medical Facility Demonstration Fund upon 
     written notification by the Secretary of Veterans Affairs to 
     the Committees on Appropriations of both Houses of Congress.

                     (including transfer of funds)

       Sec. 223.  Such sums as may be deposited to the Medical 
     Care Collections Fund pursuant to section 1729A of title 38, 
     United States Code, for healthcare provided at facilities 
     designated as combined Federal medical facilities as 
     described by section 706 of the Duncan Hunter National 
     Defense Authorization Act for Fiscal Year 2009 (Public Law 
     110-417; 122 Stat. 4500) shall also be available: (1) for 
     transfer to the Joint Department of Defense-Department of 
     Veterans Affairs Medical Facility Demonstration Fund, 
     established by section 1704 of the National Defense 
     Authorization Act for Fiscal Year 2010 (Public Law 111-84; 
     123 Stat. 3571); and (2) for operations of the facilities 
     designated as combined Federal medical facilities as 
     described by section 706 of the Duncan Hunter National 
     Defense Authorization Act for Fiscal Year 2009 (Public Law 
     110-417; 122 Stat. 4500).

                     (including transfer of funds)

       Sec. 224.  Of the amounts available in this title for 
     ``Medical Services'', ``Medical Community Care'', ``Medical 
     Support and Compliance'', and ``Medical Facilities'', a 
     minimum of $15,000,000 shall be transferred to the DOD-VA 
     Health Care Sharing Incentive Fund, as authorized by section 
     8111(d) of title 38, United States Code, to remain available 
     until expended, for any purpose authorized by section 8111 of 
     title 38, United States Code.
       Sec. 225.  None of the funds available to the Department of 
     Veterans Affairs, in this or any other Act, may be used to 
     replace the current system by which the Veterans Integrated 
     Service Networks select and contract for diabetes monitoring 
     supplies and equipment.
       Sec. 226.  The Secretary of Veterans Affairs shall notify 
     the Committees on Appropriations of both Houses of Congress 
     of all bid savings in a major construction project that total 
     at least $5,000,000, or 5 percent of the programmed amount of 
     the project, whichever is less:  Provided, That such 
     notification shall occur within 14 days of a contract 
     identifying the programmed amount:  Provided further, That 
     the Secretary shall notify the Committees on Appropriations 
     of both Houses of Congress 14 days prior to the obligation of 
     such bid savings and shall describe the anticipated use of 
     such savings.
       Sec. 227.  None of the funds made available for 
     ``Construction, Major Projects'' may be used for a project in 
     excess of the scope specified for that project in the 
     original justification data provided to the Congress as part 
     of the request for appropriations unless the Secretary of 
     Veterans Affairs receives approval from the Committees on 
     Appropriations of both Houses of Congress.
       Sec. 228.  Not later than 30 days after the end of each 
     fiscal quarter, the Secretary of Veterans Affairs shall 
     submit to the Committees on Appropriations of both Houses of 
     Congress a quarterly report containing performance measures 
     and data from each Veterans Benefits Administration Regional 
     Office:  Provided, That, at a minimum, the report shall 
     include the direction contained in the section entitled 
     ``Disability claims backlog'', under the heading ``General 
     Operating Expenses, Veterans Benefits Administration'' in the 
     joint explanatory statement accompanying this Act.
       Sec. 229.  Of the funds provided to the Department of 
     Veterans Affairs for fiscal year 2017 for ``Medical Support 
     and Compliance'' a maximum of $40,000,000 may be obligated 
     from the ``Medical Support and Compliance'' account for the 
     VistA Evolution and electronic health record interoperability 
     projects:  Provided, That funds in addition to these amounts 
     may be obligated for the VistA Evolution and electronic 
     health record interoperability projects upon written 
     notification by the Secretary of Veterans Affairs to the 
     Committees on Appropriations of both Houses of Congress.
       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

[[Page 9744]]

     services until the Secretary provides to the Committees on 
     Appropriations of both Houses of Congress a report including 
     the following elements:
       (1) a national realignment strategy that includes a 
     detailed description of realignment plans within each 
     Veterans Integrated Service Network (VISN), including an 
     updated Long Range Capital Plan to implement realignment 
     requirements;
       (2) an explanation of the process by which those plans were 
     developed and coordinated within each VISN;
       (3) a cost vs. benefit analysis of each planned 
     realignment, including the cost of replacing Veterans Health 
     Administration services with contract care or other 
     outsourced services;
       (4) an analysis of how any such planned realignment of 
     services will impact access to care for veterans living in 
     rural or highly rural areas, including travel distances and 
     transportation costs to access a VA medical facility and 
     availability of local specialty and primary care;
       (5) an inventory of VA buildings with historic designation 
     and the methodology used to determine the buildings' 
     condition and utilization;
       (6) a description of how any realignment will be consistent 
     with requirements under the National Historic Preservation 
     Act; and
       (7) consideration given for reuse of historic buildings 
     within newly identified realignment requirements:  Provided, 
     That, this provision shall not apply to capital projects in 
     VISN 23, or any other VISN, which have been authorized or 
     approved by Congress.
       Sec. 241.  None of the funds appropriated in this or prior 
     appropriations Acts or otherwise made available to the 
     Department of Veterans Affairs may be used to transfer any 
     amounts from the Filipino Veterans Equity Compensation Fund 
     to any other account within the Department of Veterans 
     Affairs.
       Sec. 242.  Paragraph (3) of section 403(a) of the Veterans' 
     Mental Health and Other Care Improvements Act of 2008 (Public 
     Law 110-387; 38 U.S.C. 1703 note) is amended to read as 
     follows:
       ``(3) Duration.--A veteran may receive health services 
     under this section during the period beginning on the date 
     specified in paragraph (2) and ending on September 30, 
     2017.''.
       Sec. 243. (a) Section 1722A(a) of title 38, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(4) Paragraph (1) does not apply to opioid antagonists 
     furnished under this chapter to a veteran who is at high risk 
     for overdose of a specific medication or substance in order 
     to reverse the effect of such an overdose.''.
       (b) Section 1710(g)(3) of such title is amended--
       (1) by striking ``with respect to home health services'' 
     and inserting ``with respect to the following:''
       ``(A) Home health services''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) Education on the use of opioid antagonists to reverse 
     the effects of overdoses of specific medications or 
     substances.''.
       Sec. 244.  Section 312 of title 38, United States Code, is 
     amended in subsection (c)(1) by striking the phrase ``that 
     makes a recommendation or otherwise suggests corrective 
     action,''.
       Sec. 245.  Of the funds provided to the Department of 
     Veterans Affairs for each of fiscal year 2017 and fiscal year 
     2018 for ``Medical Services'', funds may be used in each year 
     to carry out and expand the child care program authorized by 
     section 205 of Public Law 111-163, notwithstanding subsection 
     (e) of such section.
       Sec. 246.  Section 5701(l) of title 38, United States Code, 
     is amended by striking ``may'' and inserting ``shall''.

                   VA Patient Protection Act of 2016

       Sec. 247. (a) Procedure and Administration.--
       (1) In General.--Chapter 7 of title 38, United States Code, 
     is amended by adding at the end the following new subchapter:

               ``SUBCHAPTER II--WHISTLEBLOWER COMPLAINTS

     ``Sec. 731. Whistleblower complaint defined

       ``In this subchapter, the term `whistleblower complaint' 
     means a complaint by an employee of the Department 
     disclosing, or assisting another employee to disclose, a 
     potential violation of any law, rule, or regulation, or gross 
     mismanagement, gross waste of funds, abuse of authority, or 
     substantial and specific danger to public health and safety.

     ``Sec. 732. Treatment of whistleblower complaints

       ``(a) Filing.--(1) In addition to any other method 
     established by law in which an employee may file a 
     whistleblower complaint, an employee of the Department may 
     file a whistleblower complaint in accordance with subsection 
     (g) with a supervisor of the employee.
       ``(2) Except as provided by subsection (d)(1), in making a 
     whistleblower complaint under paragraph (1), an employee 
     shall file the initial complaint with the immediate 
     supervisor of the employee.
       ``(b) Notification.--(1)(A) Not later than four business 
     days after the date on which a supervisor receives a 
     whistleblower complaint by an employee under this section, 
     the supervisor shall notify, in writing, the employee of 
     whether the supervisor determines that there is a reasonable 
     likelihood that the complaint discloses a 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.

[[Page 9745]]

       ``(5) In this subsection, the term `central whistleblower 
     office' means the Office of Accountability Review or a 
     successor office that is established or designated by the 
     Secretary to investigate whistleblower complaints filed under 
     this section or any other method established by law.

     ``Sec. 733. Adverse actions against supervisory employees who 
       commit prohibited personnel actions relating to 
       whistleblower complaints

       ``(a) In General.--(1) In accordance with paragraph (2), 
     the Secretary shall carry out the following adverse actions 
     against supervisory employees (as defined in section 7103(a) 
     of title 5) whom the Secretary, an administrative judge, the 
     Merit Systems Protection Board, the Office of Special 
     Counsel, an adjudicating body provided under a union 
     contract, a Federal judge, or the Inspector General of the 
     Department determines committed a prohibited personnel action 
     described in subsection (c):
       ``(A) With respect to the first offense, an adverse action 
     that is not less than a 12-day suspension and not more than 
     removal.
       ``(B) With respect to the second offense, removal.
       ``(2)(A) An employee against whom an adverse action under 
     paragraph (1) is proposed is entitled to written notice.
       ``(B)(i) An employee who is notified under subparagraph (A) 
     of being the subject of a proposed adverse action under 
     paragraph (1) is entitled to 14 days following such 
     notification to answer and furnish evidence in support of the 
     answer.
       ``(ii) If the employee does not furnish any such evidence 
     as described in clause (i) or if the Secretary determines 
     that such evidence is not sufficient to reverse the 
     determination to propose the adverse action, the Secretary 
     shall carry out the adverse action following such 14-day 
     period.
       ``(C) Paragraphs (1) and (2) of subsection (b) of section 
     7513 of title 5, subsection (c) of such section, paragraphs 
     (1) and (2) of subsection (b) of section 7543 of such title, 
     and subsection (c) of such section shall not apply with 
     respect to an adverse action carried out under paragraph (1).
       ``(b) Limitation on Other Adverse Actions.--With respect to 
     a prohibited personnel action described in subsection (c), if 
     the Secretary carries out an adverse action against a 
     supervisory employee, the Secretary may carry out an 
     additional adverse action under this section based on the 
     same prohibited personnel action if the total severity of the 
     adverse actions do not exceed the level specified in 
     subsection (a).
       ``(c) Prohibited Personnel Action Described.--A prohibited 
     personnel action described in this subsection is any of the 
     following actions:
       ``(1) Taking or failing to take a personnel action in 
     violation of section 2302 of title 5 against an employee 
     relating to the employee--
       ``(A) filing a whistleblower complaint in accordance with 
     section 732 of this title;
       ``(B) filing a whistleblower complaint with the Inspector 
     General of the Department, the Special Counsel, or Congress;
       ``(C) providing information or participating as a witness 
     in an investigation of a whistleblower complaint in 
     accordance with section 732 or with the Inspector General of 
     the Department, the Special Counsel, or Congress;
       ``(D) participating in an audit or investigation by the 
     Comptroller General of the United States;
       ``(E) refusing to perform an action that is unlawful or 
     prohibited by the Department; or
       ``(F) engaging in communications that are related to the 
     duties of the position or are otherwise protected.
       ``(2) Preventing or restricting an employee from making an 
     action described in any of subparagraphs (A) through (F) of 
     paragraph (1).
       ``(3) Conducting a negative peer review or opening a 
     retaliatory investigation because of an activity of an 
     employee that is protected by section 2302 of title 5.
       ``(4) Requesting a contractor to carry out an action that 
     is prohibited by section 4705(b) or section 4712(a)(1) of 
     title 41, as the case may be.

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

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

     ``Sec. 735. Training regarding whistleblower complaints

       ``(a) Training.--Not less frequently than once each year, 
     the Secretary, in coordination with the Whistleblower 
     Protection Ombudsman designated under section 3(d)(1)(C) of 
     the Inspector General Act of 1978 (5 U.S.C. App.), shall 
     provide to each employee of the Department training regarding 
     whistleblower complaints, including--
       ``(1) an explanation of each method established by law in 
     which an employee may file a whistleblower complaint;
       ``(2) an explanation of prohibited personnel actions 
     described by section 733(c) of this title;
       ``(3) with respect to supervisors, how to treat 
     whistleblower complaints in accordance with section 732 of 
     this title;
       ``(4) the right of the employee to petition Congress 
     regarding a whistleblower complaint in accordance with 
     section 7211 of title 5;
       ``(5) an explanation that the employee may not be 
     prosecuted or reprised against for disclosing information to 
     Congress, the Inspector General, or another investigatory 
     agency in instances where such disclosure is permitted by 
     law, including under sections 5701, 5705, and 7732 of this 
     title, under section 552a of title 5 (commonly referred to as 
     the Privacy Act), under chapter 93 of title 18, and pursuant 
     to regulations promulgated under section 264(c) of the Health 
     Insurance Portability and Accountability Act of 1996 (Public 
     Law 104-191);
       ``(6) an explanation of the language that is required to be 
     included in all nondisclosure policies, forms, and agreements 
     pursuant to section 115(a)(1) of the Whistleblower Protection 
     Enhancement Act of 2012 (5 U.S.C. 2302 note); and
       ``(7) the right of contractors to be protected from 
     reprisal for the disclosure of certain information under 
     section 4705 or 4712 of title 41.
       ``(b) Manner Training Is Provided.--The Secretary shall 
     ensure that training provided under subsection (a) is 
     provided in person.
       ``(c) Certification.--Not less frequently than once each 
     year, the Secretary shall provide training on merit system 
     protection in a manner that the Special Counsel certifies as 
     being satisfactory.
       ``(d) Publication.--(1) The Secretary shall publish on the 
     Internet website of the Department, and display prominently 
     at each facility of the Department, the rights of an employee 
     to file a whistleblower complaint, including the information 
     described in paragraphs (1) through (7) of subsection (a).
       ``(2) The Secretary shall publish on the Internet website 
     of the Department, the 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 9746]]

       (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 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

[[Page 9747]]

     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.
       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

[[Page 9748]]

     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.
       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

[[Page 9749]]

     the custody or under the control of the Department of 
     Defense.
       (b) The prohibition in subsection (a) shall not apply to 
     any modification of facilities at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (c) An individual described in this subsection is any 
     individual who, as of June 24, 2009, is located at United 
     States Naval Station, Guantanamo Bay, Cuba, and who--
       (1) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (2) is--
       (A) in the custody or under the effective control of the 
     Department of Defense; or
       (B) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
       This division may be cited as the ``Military Construction, 
     Veterans Affairs, and Related Agencies Appropriations Act, 
     2017''.

               DIVISION B--ZIKA RESPONSE AND PREPAREDNESS

                                TITLE I

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention

                cdc-wide activities and program support

       For an additional amount for fiscal year 2016 for ``CDC-
     Wide Activities and Program Support'', $476,000,000, to 
     remain available until September 30, 2017, to prevent, 
     prepare for, and respond to Zika virus, health conditions 
     related to such virus, and other vector-borne diseases, 
     domestically and internationally:  Provided, That products 
     purchased with these funds may, at the discretion of the 
     Secretary of Health and Human Services, be deposited in the 
     Strategic National Stockpile under section 319F-2 of the 
     Public Health Service (``PHS'') Act:  Provided further, That 
     funds may be used for purchase and insurance of official 
     motor vehicles in foreign countries:  Provided further, That 
     the provisions in section 317S of the PHS Act shall apply to 
     the use of funds appropriated in this paragraph as determined 
     by the Director of the Centers for Disease Control and 
     Prevention to be appropriate:  Provided further, That funds 
     appropriated in this paragraph may be used for grants for the 
     construction, alteration, or renovation of non-federally 
     owned facilities to improve preparedness and response 
     capability at State and local laboratories:  Provided 
     further, That of the amount appropriated in this paragraph, 
     $88,000,000 may be used to reimburse accounts administered by 
     the Centers for Disease Control and Prevention for 
     obligations incurred for Zika virus response prior to the 
     enactment of this Act:  Provided further, That such amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                     National Institutes of Health

         national institute of allergy and infectious diseases

                     (including transfer of funds)

       For an additional amount for fiscal year 2016 for 
     ``National Institute of Allergy and Infectious Diseases'', 
     $230,000,000, to remain available until September 30, 2017, 
     for research on the virology, natural history, and 
     pathogenesis of the Zika virus infection and preclinical and 
     clinical development of vaccines and other medical 
     countermeasures for the Zika virus and other vector-borne 
     diseases, domestically and internationally:  Provided, That 
     such funds may be transferred by the Director of the National 
     Institutes of Health (``NIH'') to other accounts of the NIH 
     for the purposes provided in this paragraph:  Provided 
     further, That such amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                        Office of the Secretary

            public health and social services emergency fund

                     (including transfer of funds)

       For an additional amount for fiscal year 2016 for ``Public 
     Health and Social Services Emergency Fund'', $227,000,000, to 
     remain available until September 30, 2017, to prevent, 
     prepare for, and respond to Zika virus, health conditions 
     related to such virus, and other vector-borne diseases, 
     domestically and internationally; to develop necessary 
     countermeasures and vaccines, including the development and 
     purchase of vaccines, therapeutics, diagnostics, necessary 
     medical supplies, and administrative activities; for 
     additional payments for distribution as provided for under 
     the ``Social Services Block Grant Program''; and for carrying 
     out sections 330 through 336 and 338 of the PHS Act:  
     Provided, That funds appropriated in this paragraph may be 
     used to procure security countermeasures (as defined in 
     section 319F-2(c)(1)(B) of the PHS Act):  Provided further, 
     That paragraphs (1) and (7)(C) of subsection (c) of section 
     319F-2 of the PHS Act, but no other provisions of such 
     section, shall apply to such security countermeasures 
     procured with funds appropriated in this paragraph:  Provided 
     further, That products purchased with funds appropriated in 
     this paragraph may, at the discretion of the Secretary of 
     Health and Human Services, be deposited in the Strategic 
     National Stockpile under section 319F-2 of the PHS Act:  
     Provided further, That funds appropriated in this paragraph 
     may be transferred to the fund authorized by section 319F-4 
     of the PHS Act:  Provided further, That of the funds 
     appropriated under this heading, $95,000,000 shall be 
     transferred to the ``Social Services Block Grant'' for health 
     services provided by public health departments, hospitals, or 
     reimbursed through public health plans, notwithstanding 
     section 2005(a)(4) of the Social Security Act, in States, 
     territories, or tribal lands with active or local 
     transmission cases of the Zika virus, as confirmed by the 
     Centers for Disease Control and Prevention, of which not less 
     than $80,000,000 shall be for territories with the highest 
     rates of Zika transmission:  Provided further, That the 
     Secretary of Health and Human Services shall distribute funds 
     transferred to the ``Social Services Block Grant'' in this 
     paragraph in accordance with objective criteria that are made 
     available to the public:  Provided further, That of the funds 
     appropriated under this heading, $40,000,000 shall be used to 
     expand the delivery of primary health services authorized by 
     section 330 of the PHS Act in Puerto Rico and other 
     territories:  Provided further, That of the funds 
     appropriated under this heading, $6,000,000 shall, for 
     purposes of providing primary health services in areas 
     affected by Zika virus or other vector-borne diseases, be 
     used to assign National Health Service Corps (NHSC) members 
     to Puerto Rico and other territories, notwithstanding the 
     assignment priorities and limitations in or under sections 
     333(a)(1)(D), 333(b), or 333A(a) of the PHS Act, and to make 
     NHSC Loan Repayment Program awards under section 338B of such 
     Act:  Provided further, That for purposes of the previous 
     proviso, section 331(a)(3)(D) of the PHS Act shall be applied 
     as if the term ``primary health services'' included health 
     services regarding pediatric subspecialists:  Provided 
     further, That such amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                     GENERAL PROVISIONS--THIS TITLE

                     (including transfer of funds)

                              direct hires

       Sec. 101.  Funds appropriated by this title may be used by 
     the heads of the Department of Health and Human Services, 
     Department of State, and the United States Agency for 
     International Development to appoint, without regard to the 
     provisions of sections 3309 through 3319 of title 5 of the 
     United States Code, candidates needed for positions to 
     perform critical work relating to Zika response for which--
       (1) public notice has been given; and
       (2) the Secretary of Health and Human Services has 
     determined that such a public health threat exists.

                          transfer authorities

       Sec. 102.  Funds appropriated by this title may be 
     transferred to, and merged with, other appropriation accounts 
     under the headings ``Centers for Disease Control and 
     Prevention'', ``Public Health and Social Services Emergency 
     Fund'', and ``National Institutes of Health'' for the 
     purposes specified in this title following consultation with 
     the Office of Management and Budget:  Provided, That the 
     Committees on Appropriations shall be notified 10 days in 
     advance of any such transfer:  Provided further, That, upon a 
     determination that all or part of the funds transferred from 
     an appropriation are not necessary, such amounts may be 
     transferred back to that appropriation:  Provided further, 
     That none of the funds made available by this title may be 
     transferred pursuant to the authority in section 205 of 
     division H of Public Law 114-113 or section 241(a) of the PHS 
     Act.

                         reporting requirements

       Sec. 103.  Not later than 30 days after enactment of this 
     Act, the Secretary of Health and Human Services shall provide 
     a detailed spend plan of anticipated uses of funds made 
     available in this title, including estimated personnel and 
     administrative costs, to the Committees on Appropriations:  
     Provided, That such plans shall be updated and submitted to 
     the Committees on Appropriations every 60 days until 
     September 30, 2017.

                               oversight

       Sec. 104.  Of the funds appropriated by this title under 
     the heading ``Public Health and Social Services Emergency 
     Fund'', up to--
       (1) $500,000 shall be transferred to, and merged with, 
     funds made available under the heading ``Office of the 
     Secretary, Office of Inspector General'', and shall remain 
     available until expended, for oversight of activities 
     supported with funds appropriated by this title:  Provided, 
     That the Secretary of Health and Human Services shall consult 
     with the Committees on Appropriations prior to obligating 
     such funds:  Provided further, That the transfer authority 
     provided by this paragraph is in addition to any other 
     transfer authority provided by law; and
       (2) $500,000 shall be made available to the Comptroller 
     General of the United States, and shall remain available 
     until expended, for oversight of activities supported with 
     funds appropriated by this title:  Provided, That the 
     Comptroller General shall consult with the Committees on 
     Appropriations prior to obligating such funds.

                                TITLE II

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

                     (including transfer of funds)

       For an additional amount for fiscal year 2016 for 
     ``Diplomatic and Consular Programs'', $14,594,000, to remain 
     available until September 30, 2017, for necessary expenses to 
     support response efforts related to the Zika virus, health

[[Page 9750]]

     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.

                               rescission

       Sec. 205.  Of the unobligated balances available under the 
     heading ``Operating Expenses'' in title IX of the Department 
     of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2015 (division J of Public Law 113-235), 
     $10,000,000 are rescinded:  Provided, That such amounts are 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                               TITLE III

                   GENERAL PROVISIONS--THIS DIVISION

                extension of authorities and provisions

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

                      personal service contractors

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

                         designation retention

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

                             effective date

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

                    DIVISION C--ZIKA VECTOR CONTROL

     SECTION 1. SHORT TITLE.

       This division may be cited as the ``Zika Vector Control 
     Act''.

     SEC. 2. MOSQUITO CONTROL WAIVER.

       Notwithstanding section 402 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1342), during the 180 day period 
     following the date of enactment of this Act the Administrator 
     of the United States Environmental Protection Agency (or a 
     State, in the case of a permit program approved under 
     subsection (b)) shall not require a permit for a discharge 
     from the application by an entity authorized under State or 
     local law, such as a vector control district, of a pesticide 
     in compliance with all relevant requirements of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
     seq.) to control mosquitos or mosquito larvae for the 
     prevention or control of the Zika virus.

                    DIVISION D--RESCISSIONS OF FUNDS

       Sec. 101. (a) Of the unobligated amounts made available 
     under section 1323(c)(1) of the Patient Protection and 
     Affordable Care Act (42 U.S.C. 18043(c)(1)), $543,000,000 is 
     rescinded immediately upon enactment of this Act.
       (b) Of the unobligated balances available in the 
     Nonrecurring expenses fund established in section 223 of 
     division G of Public Law 110-161 (42 U.S.C. 3514a) from any 
     fiscal year, $100,000,000 is rescinded immediately upon 
     enactment of this Act.

[[Page 9751]]

       (c) Of the unobligated balances of appropriations made 
     available under the heading ``Bilateral Economic Assistance, 
     Funds Appropriated to the President, Economic Support Fund'' 
     in title IX of the Department of State, Foreign Operations, 
     and Related Programs Appropriations Act, 2015 (division J of 
     Public Law 113-235), $107,000,000 is rescinded immediately 
     upon enactment of this Act:  Provided, That such amounts are 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.
       And the House agree to the same.
     Harold Rogers,
     Tom Cole,
     Kay Granger,
     Charles W. Dent,
     Jeff Fortenberry,
     Thomas J. Rooney,
     Martha Roby,
     David G. Valadao,
                                Managers on the Part of the House.

     Thad Cochran,
     Mark Kirk,
     Mitch McConnell,
     Lisa Murkowski,
     John Hoeven,
     Susan Collins,
     John Boozman,
     Shelley Moore Capito,
     Roy Blunt,
     Lindsey Graham,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate, and the amendment of the House to 
     the amendment of the Senate, to the bill (H.R. 2577) making 
     appropriations for the Departments of Transportation, and 
     Housing and Urban Development, and related agencies for the 
     fiscal year ending September 30, 2016, and for other 
     purposes, submit the following joint statement to the House 
     and Senate in explanation of the effect of the action agreed 
     upon by the managers and recommended in the accompanying 
     conference report.
       This conference agreement includes the Military 
     Construction and Veterans Affairs and Related Agencies 
     Appropriations Act, 2017, the Zika Response and Preparedness 
     Appropriations Act, 2016, the Zika Vector Control Act, and a 
     division on rescissions of funds. H.R. 2577 was used as the 
     vehicle for the Senate amendment, which included the Senate-
     passed versions of the Transportation, Housing and Urban 
     Development, and Related Agencies Appropriations Act, 2017 
     (S. 2844) and the Military Construction, Veterans Affairs, 
     and Related Agencies Appropriations Act, 2017 (S. 2806). The 
     Senate amendment also included appropriations relating to 
     Zika Response and Preparedness. The House amendment included 
     the House-passed text of the Military Construction and 
     Veterans Affairs and Related Agencies Appropriations Act, 
     2017 (H.R. 4974), the Zika Response Appropriations Act, 2016 
     (H.R. 5243), and the Zika Vector Control Act (H.R. 897).
       Section 1 of the conference agreement is the short title of 
     the bill.
       Section 2 of the conference agreement displays a table of 
     contents.
       Section 3 of the conference agreement states that, unless 
     expressly provided otherwise, any reference to ``this Act'' 
     contained in any division shall be treated as referring only 
     to the provisions of that division.
       Section 4 provides a statement of appropriations.
       Section 5 states that each amount designated by Congress as 
     an emergency requirement is contingent on the President so 
     designating all such emergency amounts and transmitting such 
     designations to Congress.
       The conference agreement does not contain any congressional 
     earmarks, limited tax benefits, or limited tariff benefits as 
     defined by clause 9 of rule XXI of the Rules of the House of 
     Representatives.

   DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2017

       The following is an explanation of the effects of Division 
     A, which makes appropriations for Military Construction, 
     Veterans Affairs, and Related Agencies for fiscal year 2017. 
     Unless otherwise noted, reference to the House and Senate 
     reports are to House Report 114-497 and Senate Report 114-
     237. The language set forth in House Report 114-497 and 
     Senate Report 114-237 should be complied with and carry the 
     same emphasis as the language included in the joint 
     explanatory statement, unless specifically addressed to the 
     contrary in this joint explanatory statement. While repeating 
     some report language for emphasis, this joint explanatory 
     statement does not intend to negate the language referred to 
     above unless expressly provided herein. In cases in which the 
     House or the Senate has directed the submission of a report, 
     such report is to be submitted to both Houses of Congress. 
     House or Senate reporting requirements with deadlines prior 
     to, or within 15 days after enactment of this Act shall be 
     submitted not later than 60 days after enactment of this Act. 
     All other reporting deadlines not specifically directed by 
     this joint explanatory statement are to be met.

                     TITLE I--DEPARTMENT OF DEFENSE

       Bid Savings.--The conferees note that, given information 
     for cost variation notices required by 10 U.S.C. 2853, the 
     Department of Defense continues to have bid savings on 
     previously appropriated military construction projects. 
     Therefore, the agreement includes rescissions to the Army, 
     Air Force, and Defense-Wide construction accounts. The 
     Secretary of Defense is directed to continue to submit 1002 
     reports on military construction bid savings at the end of 
     each fiscal quarter to the Committees.
       Missile Defense.-- The conferees remain committed to 
     rapidly implementing the European Phased Adaptive Approach 
     (EPAA). Construction of the first Aegis Ashore missile 
     defense site in Deveselu, Romania, is complete and the site 
     is operational. The Committees fully funded construction of 
     the second site at Redzikowo, Poland, in fiscal year 2016, 
     and expect the Missile Defense Agency to pursue an aggressive 
     construction schedule to bring this critical asset online. 
     Additionally, the conference agreement fully funds the 
     request for the first phase of the Long Range Discrimination 
     Radar at Clear, Alaska. This radar will dramatically improve 
     our ability to effectively target ballistic missile threats 
     to the homeland coming from the Pacific. As the missile 
     threat continues to evolve, the conferees remain strongly 
     supportive of the expeditionary deployment of a Terminal High 
     Altitude Area Defense battery on Guam. The conferees 
     encourage the Department of Defense to consider making this 
     deployment permanent and request the appropriate military 
     construction projects in support of this critical mission be 
     requested in future budget submissions.
       Overseas Contingency Operations.--The conference agreement 
     includes House Title IV, Overseas Contingency Operations. The 
     Senate bill included funding for similar projects in Title I.
       Emerging Security Threats in Europe.--The conferees are 
     aware that heightened tensions between Russia and Europe 
     following Russia's invasion of Ukraine in 2014 have increased 
     security threats to European nations, particularly in Eastern 
     Europe. In response to Russian aggression, the Administration 
     in 2014 announced the European Reassurance Initiative (ERI) 
     to enhance allied security by increasing the presence and 
     joint training activities of U.S. military forces in Europe. 
     The ERI includes a number of military construction projects 
     funded in both fiscal year 2015 and in this Act. The 
     conferees note that although ERI military construction 
     funding was originally intended to be a one-time only 
     investment, the evolving nature of the threat has prompted 
     the Department of Defense (DOD) to expand its plans for 
     investing in military construction to support the continual 
     presence of U.S. rotational military forces in Europe, 
     increased training activities with European allies, and the 
     prepositioning of Army combat-ready equipment in Poland to 
     support an armored brigade combat team.
       The conferees recognize the importance of providing 
     reassurance and security to the Nation's European allies, but 
     are concerned that DOD has not outlined a comprehensive plan 
     for military construction requirements to support the ERI. 
     Instead, the Committees have received ad hoc notifications of 
     proposed planning and design expenditures for projects in 
     support of the ERI, including a $200,000,000 facility for 
     prepositioning Army combat brigade equipment in Poland, and 
     nine ERI-related Air Force projects, primarily at U.S. Air 
     Force bases in Germany, estimated to cost a total of 
     $260,000,000.
       Given the magnitude of the planned ERI military 
     construction investment thus far, the conferees direct the 
     Secretary of Defense to provide to the Committees on 
     Appropriations of both Houses of Congress (the Committees), 
     with submission of the fiscal year 2018 budget request, a 
     comprehensive plan for military construction requirements 
     associated with the European Reassurance Initiative through 
     the fiscal year 2018 Future Years Defense Program.
       The conferees further direct the Comptroller General of the 
     United States to provide to the Committees, not later than 
     one year after the date of enactment of this Act, a report 
     evaluating the extent to which the Department of Defense has 
     developed a comprehensive force structure plan, including 
     military construction requirements, to meet emerging security 
     threats in Europe. The report shall include an assessment of 
     the extent to which the Department has:
       (1) identified the near-term and long-term United States 
     military force requirements in Europe in support of the 
     European Reassurance Initiative;
       (2) evaluated the posture, force structure, and military 
     construction options for meeting projected force 
     requirements;
       (3) evaluated the long-term costs associated with the 
     posture, force structure, and military construction 
     requirements; and
       (4) developed a Future Years Defense Program for force 
     structure costs associated with the European Reassurance 
     Initiative.
       The report shall also include any other matters related to 
     security threats in Europe that the Comptroller General 
     determines are appropriate, and recommendations

[[Page 9752]]

     as warranted for improvements to the Department's planning 
     and analysis methodology. The reports shall be provided in 
     the appropriate classified and unclassified formats.
       Al Udeid Air Base Mold Contamination.--The conferees are 
     concerned about reports that airmen serving at Al Udeid Air 
     Base in Qatar were living in dangerously contaminated 
     barracks. On social media and later in the press, reports 
     detailed collapsing ceilings, contaminated water, and toxic 
     black mold found throughout the facility. The Committees have 
     raised concerns in the past about low levels of funding for 
     facility sustainment, restoration and modernization, and if 
     the black mold issues at Al Udeid were a result of a lack of 
     funding for maintenance, that is unacceptable. Also, the 
     conferees are aware that the Department of Defense Inspector 
     General released a report in September 2014 (DODIG-2014-121) 
     that identified 1,057 deficiencies and code violations ``that 
     could affect the health, safety, and well-being of 
     warfighters and their families'' stationed in Japan. Included 
     among the deficiencies were elevated levels of radon and 
     excessive mold growth. In light of the Inspector General 
     report and the reports from Al Udeid, the conferees direct 
     the Department to submit a report to the congressional 
     defense committees not later than 180 days after enactment of 
     this Act detailing global military housing and expeditionary 
     facilities locations with mold contamination, mitigation 
     strategies implemented or expected to be in place, and any 
     new construction standards designed to prevent mold 
     contamination.


                      MILITARY CONSTRUCTION, ARMY

       The conference agreement provides $513,459,000 for Military 
     Construction, Army. Within this amount, the conference 
     agreement provides $98,159,000 for study, planning, design, 
     architect and engineer services, and host nation support.
       Aging Army hangars for Combat Aviation Units.--The 
     conferees recognize that the Army's aging hangars housing 
     combat aviation units are structurally deficient and do not 
     meet the operational requirements of the Army's Combat 
     Aviation Brigades. A critical need exists for the Army to 
     modernize infrastructure associated with operational needs, 
     inclement weather, personnel changes, and unforeseen 
     circumstances. The conferees direct the Secretary of the Army 
     to submit a report to the congressional defense committees 
     not later than 90 days after the enactment of this Act 
     detailing the age and condition of the Army's Combat Aviation 
     Brigade aircraft maintenance hangars, a prioritization of the 
     most deficient infrastructure assets, and a plan to modernize 
     or replace those hangars, including the required resources.
       Air traffic control facilities.--The conferees are 
     concerned that many of the Army's air traffic control 
     facilities are unsafe, antiquated, and do not provide 
     adequate control, communications or observation abilities for 
     the current air traffic levels at certain locations. For 
     example, the current facility located at Fort Benning, 
     Georgia, will become wholly inadequate at the current pace of 
     operations and a replacement facility is necessary to ensure 
     air traffic services are available to support mission 
     readiness and deployment platforms and the military flying 
     community. The conferees are concerned that this could be a 
     problem throughout the Army enterprise with the recent 
     reductions to the Department of Defense's construction 
     accounts. Therefore, the Secretary of the Army is directed to 
     conduct a risk assessment on Army air traffic control 
     facilities throughout the Army enterprise and develop a plan 
     to update these facilities. This assessment shall be 
     submitted to the congressional defense committees not later 
     than 60 days after enactment of this Act.
       Defense Laboratory Enterprise Facilities and 
     Infrastructure.--The conferees note that DOD investment in 
     Defense laboratories has been lacking, resulting in negative 
     impacts on the ability of the military to develop new 
     acquisition programs or perform cutting-edge research. At the 
     same time, the Nation's near-peer competitors are making 
     significant new investments in their research and development 
     capabilities as part of the effort to close the technology 
     gap with the U.S. military. Of additional concern, aging lab 
     infrastructure also creates a disincentive to attracting new 
     employees as DOD tries to rebuild its technical workforce.
       One of the tools that Congress has provided to incentivize 
     DOD lab investment is the establishment of a higher threshold 
     for unspecified minor military construction (UMMC) for 
     laboratories to enable the services to keep up with a threat 
     that evolves faster than the normal planning process. 
     However, the conferees are concerned that the services are 
     not programming sufficient UMMC to take full advantage of the 
     laboratory revitalization initiative. For example, in fiscal 
     year 2016, the Army, which operates an extensive network of 
     DOD labs, did not allocate any unspecified minor military 
     construction funding for necessary laboratory revitalization 
     projects, and the request for UMMC in the Army has remained 
     flat at $25,000,000. Therefore, the conference agreement 
     provides an additional $10,000,000 to supplement unspecified 
     minor military construction, and the Army is encouraged to 
     pursue opportunities to use the additional funding for lab 
     revitalization.


              MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

       The conference agreement provides $1,021,580,000 for 
     Military Construction, Navy and Marine Corps. Within this 
     amount, the conference agreement provides $88,230,000 for 
     study, planning, design, architect and engineer services.
       Military Construction funding for the Navy and Marine 
     Corps.--Conferees are concerned about the need for the 
     construction of an F-35C aircraft maintenance hangar, a 
     communications complex and infrastructure upgrades, and an F-
     35C aircraft parking apron for the Marine Corps' four F-35C 
     squadrons on the West Coast. This construction supports 
     Carrier Air Wing operations with the USS Carl Vinson as the 
     first F 35C compatible ship on the West Coast in support of 
     the Pacific Command Area of Responsibility. The Marine Corps 
     has identified these projects as its top priorities, critical 
     to the F-35C squadrons and the conferees support these 
     priorities.
       Townsend Bombing Range.--Concerns still remain regarding 
     the Townsend Bombing Range and its effect on the local timber 
     industry. While the Navy and local stakeholders have started 
     a dialogue, an agreement has not yet been reached. The 
     conferees look forward to an agreement that meets the Navy's 
     training needs and protects local timber stakeholders.
       Navy Unfunded Reprogramming Requirements.--The Committees 
     were recently informed that the Navy has been underestimating 
     the cost of major construction projects over the past several 
     years due to unrealistic cost assumptions and a flawed 
     construction cost formula. The Navy acknowledges that it has 
     been aware of this problem for some time but had taken no 
     action to remedy the deficiencies in its construction cost 
     estimating process or to notify the Committees in a timely 
     manner of the situation or its potential impact on the 
     execution of projects. As a result, the Navy is faced with a 
     large inventory of underfunded projects, and insufficient 
     unobligated balances from bid savings or cancelled projects 
     to cover the shortfall. Thus, a number of authorized projects 
     for which funds have been appropriated over the past several 
     years are at risk due to insufficient funds to award a 
     contract.
       The conferees provide an additional $89,400,000 in this 
     Act, to address the Navy's highest priority urgent unfunded 
     reprogramming requirements as well as unanticipated emergency 
     construction requirements. However, the conferees are 
     concerned that this is just the tip of the iceberg, and that 
     additional underfunded projects for which no ready source of 
     reprogramming funds is available will emerge. Therefore, the 
     conferees direct the Secretary of the Navy to reassess the 
     sufficiency of the appropriation request for all previously 
     appropriated projects for which contracts have not been 
     awarded, and to provide to the congressional defense 
     committees, within 60 days of enactment of this Act, (1) a 
     detailed analysis of the process and decisions that led to 
     the underestimating of construction costs, (2) the revised 
     cost estimate, if applicable, for any project that is 
     estimated to be underfunded due to unrealistic cost 
     assumptions and/or a flawed construction cost formula, (3) a 
     plan of how the Navy intends to address the shortfall within 
     its own resources, including the identification of any 
     previously appropriated projects that might have to be 
     cancelled, and (4) a description of the steps it is taking to 
     remedy the cost estimating process for future construction 
     projects.
       The conferees further direct the Secretary of Defense to 
     review the construction cost formulas used to develop 
     military construction appropriation requests by the Naval 
     Facilities Engineering Command and the U.S. Army Corps of 
     Engineers to assess the reliability of the formulas, and to 
     report to the congressional defense committees within 90 days 
     of enactment of this Act on its findings and any 
     recommendations to improve the fidelity of the construction 
     cost formulas.
       All the services, including the Navy, have informed the 
     Committees for the past several years that construction costs 
     have been rising with the improving economy and the rebound 
     of the construction market, and that bid savings have been 
     subsequently decreasing. The conferees believe there is no 
     excuse for the Navy's inability to or failure to address this 
     problem, and fully expect a sound and justifiable cost 
     estimate for any military construction projects submitted in 
     the fiscal year 2018 and future budget requests.


                    MILITARY CONSTRUCTION, AIR FORCE

       The conference agreement provides $1,491,058,000 for 
     Military Construction, Air Force. Within this amount, the 
     conference agreement provides $143,582,000 for study, 
     planning, design, architect and engineer services. 
     Additionally, the conference agreement rescinds $23,900,000 
     for three fiscal year 2014 projects in Saipan, Commonwealth 
     of the Northern Mariana Islands (CNMI), to support Air Force 
     training exercises and provide an emergency divert location. 
     The conferees are concerned that the Air Force has been 
     unable to reach a land use agreement

[[Page 9753]]

     with the Government of the CNMI despite extensive 
     negotiations, and no resolution to the issue is imminent. 
     Therefore, the funding is rescinded without prejudice, and 
     the Air Force is urged to resubmit the projects once 
     agreement on the location is finalized and the projects can 
     be executed.
       Air Force Facility Security Requirements.--The conferees 
     are concerned with the Department's funding recommendation 
     for the Air Force's unspecified minor military construction 
     account. An additional $10,000,000 is provided to assist 
     installations in the continental U.S. with significant 
     facility entry and exit point concerns. Priority should be 
     given to installations with access control points that 
     present safety, security and traffic hazards.
       Air Force Ballistic Missile Facilities.--The conferees are 
     aware that ground-based intercontinental ballistic missile 
     (ICBM) facilities at the Nation's three ICBM bases in 
     Montana, North Dakota, and Wyoming are aging and in urgent 
     need of replacement. At a time of increased global tensions 
     among nuclear-capable nations, it is imperative to replace 
     crumbling and outdated ICBM infrastructure at U.S. 
     installations with state-of-the-art nuclear deterrence 
     facilities. Key to this effort is the replacement of the 
     Cuban missile crisis-era Weapons Storage Facilities and 
     Missile Alert Facilities at each of the ICBM bases. The 
     conferees understand that the Air Force has developed a 
     funding roadmap to replace the Weapons Storage Facilities 
     (WSFs) at each ICBM base but are concerned that the current 
     timeline for implementation of the roadmap is not 
     sufficiently aggressive in light of the urgency of upgrading 
     these facilities to meet current threat conditions. Given the 
     failing condition of the current WSFs and the importance of 
     the ground-based ICBM capability to the Nation's nuclear 
     deterrence, the conferees urge the Air Force to prioritize 
     and accelerate the replacement of the WSFs as well as the 
     Nuclear Alert Facilities at ICBM bases. The conferees 
     reiterate the directive in Senate Report 114-237 for the 
     Secretary of the Air Force to undertake an analysis of the 
     cost of maintaining the existing Missile Alert Facilities at 
     the Nation's ICBM bases and to provide a report to the 
     Committees within 90 days of enactment of this Act on the 
     findings of the analysis and a projected cost and timeline 
     for replacing the Weapons Alert Facilities at each of these 
     bases. The conferees also direct the Secretary of Defense to 
     assess the feasibility of using Defense Access Road funding 
     and other sources of funding to build alternate routes for 
     military equipment traveling on public roads to missile 
     launch facilities, taking into consideration the proximity of 
     local populations, security risks, safety, and weather, and 
     to provide a report to the Committees within one year of 
     enactment of this Act.


                  MILITARY CONSTRUCTION, DEFENSE-WIDE

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $2,025,444,000 for 
     Military Construction, Defense-Wide. Within this amount, the 
     conference agreement provides $180,775,000 for study, 
     planning, design, architect and engineer services. Within 
     this amount, an additional $15,000,000 is provided for 
     Missile Defense Agency planning and design. The additional 
     funding is to expedite the construction and deployment of 
     urgently needed missile defense assets in various locations 
     within the continental United States, including Alaska and 
     Hawaii.
       Pentagon Metro entrance facility.--The conference agreement 
     includes funding for the Pentagon Metro entrance facility 
     project as requested in the budget submission. The conferees 
     remain concerned that this facility needs to be constructed 
     in a manner that will further enhance the physical access and 
     perimeter defense of the building in accordance with the 
     Integrated Pentagon Security Master Plan and the Pentagon 
     Century Review. Given that the design is only at 10 percent 
     at this point, the conferees direct the Secretary of Defense 
     to report to the congressional defense committees quarterly 
     on the progress of the planning and design and any major 
     construction changes to the current project's 1391.


               MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

       The conference agreement provides $232,930,000 for Military 
     Construction, Army National Guard. Within this amount, the 
     conference agreement provides $8,729,000 for study, planning, 
     design, architect and engineer services.


               MILITARY CONSTRUCTION, AIR NATIONAL GUARD

       The conference agreement provides $143,957,000 for Military 
     Construction, Air National Guard. Within this amount, the 
     conference agreement provides $10,462,000 for study, 
     planning, design, architect and engineer services.


                  MILITARY CONSTRUCTION, ARMY RESERVE

       The conference agreement provides $68,230,000 for Military 
     Construction, Army Reserve. Within this amount, the 
     conference agreement provides $7,500,000 for study, planning, 
     design, architect and engineer services.


                  MILITARY CONSTRUCTION, NAVY RESERVE

       The conference agreement provides $38,597,000 for Military 
     Construction, Navy Reserve. Within this amount, the 
     conference agreement provides $3,783,000 for study, planning, 
     design, architect and engineer services.


                MILITARY CONSTRUCTION, AIR FORCE RESERVE

       The conference agreement provides $188,950,000 for Military 
     Construction, Air Force Reserve. Within this amount, the 
     conference agreement provides $4,500,000 for study, planning, 
     design, architect and engineer services.


     NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

       The conference agreement provides $177,932,000 for the 
     North Atlantic Treaty Organization Security Investment 
     Program.


               DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

       The conference agreement provides $240,237,000 for the 
     Department of Defense Base Closure Account, which is 
     $35,000,000 above the request. The additional funding is for 
     the Army and the Navy to accelerate environmental remediation 
     at installations closed under previous Base Realignment and 
     Closure (BRAC) rounds.
       Accelerated cleanup.--The conferees recognize that many 
     factors hinder the cleanup of BRAC sites. However, the 
     conferees believe that strategic investments can lead to 
     quicker clean-ups and faster turnover of DOD property to the 
     local community. Therefore, the conferees direct the 
     Secretary of Defense to submit to the congressional defense 
     committees a spend plan for the additional BRAC funds not 
     later than 15 days after enactment of this Act.

                        Family Housing Overview

       Homeowners Assistance Program--Delayed Expression or 
     Delayed Identification of Injured Beneficiaries.--As the 
     Executive Agent for the Homeowners Assistance Program (HAP) 
     across the Department of Defense, the Army mistakenly 
     administered approximately 76 applicants whose injuries were 
     incurred during a military deployment, while they owned a 
     home, and experienced delayed expression or delayed 
     identification of the injury. The applicants were paid in 
     good faith and in accordance with guidance from Congress and 
     the Department of Defense to err in favor of wounded, ill, 
     and injured HAP applicants. If these beneficiaries had 
     suffered from an obvious physical injury--which the HAP 
     statute envisioned--their injury would have been clearly 
     documented at the time they owned their home, and they would 
     have qualified for HAP benefits. Therefore, no funds from 
     this Act shall be used to collect overpayments for any 
     wounded, ill, or injured HAP beneficiary with delayed 
     expression or delayed identification, or send notice letters, 
     while the Department further develops permanent legislative 
     solutions with Congress.


                   FAMILY HOUSING CONSTRUCTION, ARMY

       The conference agreement provides $157,172,000 for Family 
     Housing Construction, Army.


             FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

       The conference agreement provides $325,995,000 for Family 
     Housing Operation and Maintenance, Army.


           FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS

       The conference agreement provides $94,011,000 for Family 
     Housing Construction, Navy and Marine Corps.


    FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS

       The conference agreement provides $300,915,000 for Family 
     Housing Operation and Maintenance, Navy and Marine Corps.


                 FAMILY HOUSING CONSTRUCTION, AIR FORCE

       The conference agreement provides $61,352,000 for Family 
     Housing Construction, Air Force.


          FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE

       The conference agreement provides $274,429,000 for Family 
     Housing Operation and Maintenance, Air Force.


         FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE

       The conference agreement provides $59,157,000 for Family 
     Housing Operation and Maintenance, Defense-Wide.


         DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND

       The conference agreement provides $3,258,000 for the 
     Department of Defense Family Housing Improvement Fund.

                       ADMINISTRATIVE PROVISIONS


             (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

       The conference agreement includes section 101 limiting the 
     use of funds under a cost-plus-a-fixed-fee contract.
       The conference agreement includes section 102 allowing the 
     use of construction funds in this title for hire of passenger 
     motor vehicles.
       The conference agreement includes section 103 allowing the 
     use of construction funds in this title for advances to the 
     Federal Highway Administration for the construction of access 
     roads.
       The conference agreement includes section 104 prohibiting 
     construction of new bases in the United States without a 
     specific appropriation.
       The conference agreement includes section 105 limiting the 
     use of funds for the purchase

[[Page 9754]]

     of land or land easements that exceed 100 percent of the 
     value.
       The conference agreement includes section 106 prohibiting 
     the use of funds, except funds appropriated in this title for 
     that purpose, for family housing.
       The conference agreement includes section 107 limiting the 
     use of minor construction funds to transfer or relocate 
     activities.
       The conference agreement includes section 108 prohibiting 
     the procurement of steel unless American producers, 
     fabricators, and manufacturers have been allowed to compete.
       The conference agreement includes section 109 prohibiting 
     the use of construction or family housing funds to pay real 
     property taxes in any foreign nation.
       The conference agreement includes section 110 prohibiting 
     the use of funds to initiate a new installation overseas 
     without prior notification.
       The conference agreement includes section 111 establishing 
     a preference for American architectural and engineering 
     services for overseas projects.
       The conference agreement includes section 112 establishing 
     a preference for American contractors in United States 
     territories and possessions in the Pacific and on Kwajalein 
     Atoll and in countries bordering the Arabian Gulf.
       The conference agreement includes section 113 requiring 
     congressional notification of military exercises when 
     construction costs exceed $100,000.
       The conference agreement includes section 114 allowing 
     funds appropriated in prior years for new projects authorized 
     during the current session of Congress.
       The conference agreement includes section 115 allowing the 
     use of expired or lapsed funds to pay the cost of supervision 
     for any project being completed with lapsed funds.
       The conference agreement includes section 116 allowing 
     military construction funds to be available for five years.
       The conference agreement includes section 117 allowing the 
     transfer of funds from Family Housing Construction accounts 
     to the Family Housing Improvement Program.
       The conference agreement includes section 118 allowing 
     transfers to the Homeowners Assistance Fund.
       The conference agreement includes section 119 limiting the 
     source of operation and maintenance funds for flag and 
     general officer quarters and allowing for notification by 
     electronic medium.
       The conference agreement includes section 120 extending the 
     availability of funds in the Ford Island Improvement Account.
       The conference agreement includes section 121 allowing the 
     transfer of expired funds to the Foreign Currency 
     Fluctuations, Construction, Defense account.
       The conference agreement includes section 122 restricting 
     the obligation of funds for relocating an Army unit that 
     performs a testing mission.
       The conference agreement includes section 123 allowing for 
     the reprogramming of construction funds among projects and 
     activities subject to certain criteria.
       The conference agreement includes section 124 prohibiting 
     the obligation or expenditure of funds provided to the 
     Department of Defense for military construction for projects 
     at Arlington National Cemetery.
       The conference agreement includes section 125 providing 
     additional funds for various Military Construction accounts.
       The conference agreement includes section 126 providing 
     additional funds for Military Construction, Navy and Marine 
     Corps.
       The conference agreement includes section 127 rescinding 
     funds from prior Appropriations Acts from various accounts.
       The conference agreement includes section 128 rescinding 
     unobligated balances from the fund established by Sec. 
     1013(d) of 42 U.S.C. 3374.
       The conference agreement includes section 129 defining the 
     congressional defense committees.
       The conference agreement includes section 130 prohibiting 
     the use of funds in this Act to close or realign Naval 
     Station Guantanamo Bay, Cuba. The provision is intended to 
     prevent the closure or realignment of the installation out of 
     the possession of the United States, and maintain the Naval 
     Station's long-standing regional security and migrant 
     operations missions.
       The conference agreement includes section 131 restricting 
     funds in this Act to be used to consolidate or relocate any 
     element of Air Force Rapid Engineer Deployable Heavy 
     Operational Repair Squadron Engineer until certain conditions 
     are met.

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                TITLE II--DEPARTMENT OF VETERANS AFFAIRS

      Veterans Benefits Administration--Compensation and Pensions


                     (including transfer of funds)

       The conference agreement provides $90,119,449,000 for 
     Compensation and Pensions in advance for fiscal year 2018. Of 
     the amount provided, not more than $17,224,000 is to be 
     transferred to General Operating Expenses, Veterans Benefits 
     Administration (VBA) and Information Technology Systems for 
     reimbursement of necessary expenses in implementing 
     provisions of title 38.


                         readjustment benefits

       The conference agreement provides $13,708,648,000 for 
     Readjustment Benefits in advance for fiscal year 2018.


                   veterans insurance and indemnities

       The conference agreement provides $107,899,000 for Veterans 
     Insurance and Indemnities in advance for fiscal year 2018, as 
     well as an additional $16,605,000 for fiscal year 2017.


                 veterans housing benefit program fund

       The conference agreement provides such sums as may be 
     necessary for costs associated with direct and guaranteed 
     loans for the Veterans Housing Benefit Program Fund. The 
     agreement limits obligations for direct loans to not more 
     than $500,000 and provides that $198,856,000 shall be 
     available for administrative expenses.


            vocational rehabilitation loans program account

       The conference agreement provides $36,000 for the cost of 
     direct loans from the Vocational Rehabilitation Loans Program 
     Account, plus $389,000 to be paid to the appropriation for 
     General Operating Expenses, Veterans Benefits Administration. 
     The agreement provides for a direct loan limitation of 
     $2,517,000.


          native american veteran housing loan program account

       The conference agreement provides $1,163,000 for 
     administrative expenses of the Native American Veteran 
     Housing Loan Program Account.


      general operating expenses, veterans benefits administration

       The conference agreement provides $2,856,160,000 for 
     General Operating Expenses, Veterans Benefits Administration 
     and makes available not to exceed 5 percent of this funding 
     until the end of fiscal year 2018. The full request for the 
     Veterans Benefits Management System is provided in the 
     agreement, which includes $37,356,000 from this account and 
     $143,000,000 from the Information Technology Systems account. 
     The agreement also includes the full budget request of 
     $26,695,000 for the centralized mail initiative and 
     $152,924,000 for the Veterans Claim Intake Program (VCIP), 
     which is $10,000,000 above the request.
       The placement of the General Operating Expenses, Veterans 
     Benefits Administration account in the bill has been moved 
     from Departmental Administration to Veterans Benefits 
     Administration to align the administrative expenses of VBA 
     with its program activities.
       Disability claims backlog.--The conferees commend the 
     Department of Veterans Affairs (VA) on its efforts to reduce 
     the disability claims backlog and increase the accuracy of 
     claims decisions, and is committed to ensuring that VA 
     maintains its goal of processing all claims within 125 days 
     with 98 percent accuracy. The Committees are also committed 
     to ensuring there is not a recurrence of any sizeable backlog 
     or a reduction in accuracy and will continue to assert their 
     oversight by monitoring on a monthly and quarterly basis each 
     regional office's timeliness and accuracy performance 
     measures.
       The conference agreement includes section 228 which 
     requires VBA to submit a quarterly report with the following 
     data from each VBA regional office: (1) the average time to 
     complete a disability compensation claim; (2) the number of 
     claims pending more than 125 days, disaggregated by initial 
     and supplemental claims; (3) error rates; (4) the number of 
     claims personnel; (5) any corrective action taken within the 
     quarter to address poor performance; (6) training programs 
     undertaken; (7) the number and results of Quality Review Team 
     audits; (8) the number of claims completed by each regional 
     office based on the regional office being the station of 
     jurisdiction; and (9) the number of claims completed by each 
     regional office based on the regional office being the 
     station of origin.
       Regional office performance.--The conferees have been 
     disturbed by repeated reports of manipulation of records and 
     benefit data at several VBA regional offices, as well as 
     irregular personnel practices that have jeopardized sound 
     management of the regional offices. The conferees urge VA to 
     monitor regional office performance to make certain that 
     personnel and claims management activities remain fully 
     transparent and comply with overall VA regulations and 
     handbooks.
       Equitable relief.--The conferees urge the Secretary to 
     continue to grant or extend equitable relief to eligible 
     veterans initially deemed eligible in instances of 
     administrative error.
       Service satisfaction rates among women veterans.--The 
     conferees direct VA to provide to the Committees not later 
     than the beginning of fiscal year 2017 an analysis of trends 
     and satisfaction rates among women veterans participating in 
     the Vocational Rehabilitation and Employment program to 
     ensure these services are adapting to the changing 
     demographics of veterans and the needs of women veterans with 
     disabilities.
       Disability benefits questionnaires.--The conferees expect 
     VA to meet with Members of Congress to explain their plans to 
     develop additional disability benefits questionnaires (DBQs) 
     for chronic multi-system illnesses experienced by veterans 
     for which DBQs do not exist. Moreover, the conferees urge the 
     Department to make permanent the period for filing Gulf War 
     presumptive claims under 38 CFR 3.317.

            Veterans Health Administration--Medical Services

       The conference agreement provides $44,886,554,000 in 
     advance for fiscal year 2018 for Medical Services and makes 
     $1,400,000,000 of the advance available through fiscal year 
     2019. The agreement also provides $1,078,993,000 for fiscal 
     year 2017 in addition to the advance appropriation provided 
     last year. The fiscal year 2018 advance funding for medical 
     services is $6,786,446,000 lower than the fiscal year 2017 
     advance because of Department projections that increased 
     amounts of medical care will be provided through the Medical 
     Community Care account.
       Given that there may be significant unfunded liabilities 
     created by the winding down of the Choice Act, the conference 
     agreement includes bill language in section 232 permitting 
     the transfer of funding from multiple VA appropriations 
     accounts to Medical Services to address unfunded needs.
       The conference agreement includes bill language requiring 
     the Secretary to ensure that sufficient amounts are available 
     for the acquisition of prosthetics designed specifically for 
     female veterans and to provide access to therapeutic 
     listening devices to veterans with mental health or substance 
     abuse problems or traumatic brain injury.
       Curing Hepatitis C within the veteran population.--The 
     Department is to be commended for robustly treating veterans 
     with Hepatitis C (HCV), which is a particular concern because 
     the veteran population is twice as likely to have the virus 
     as the general population. Available HCV drugs have a cure 
     rate of 96 percent, and early, preventative treatments avoid 
     tens of thousands of dollars in future healthcare spending. 
     To that end, the agreement includes funding for the treatment 
     of Hepatitis C of $1,500,000,000 in fiscal year 2017, which 
     is $840,000,000 above the President's request. The conferees 
     understand that because of an uneven start to the Hepatitis C 
     campaign due to funding interruptions, VA projects there will 
     be a carryover of fiscal year 2016 funding that will increase 
     the resources available in fiscal year 2017. The conferees 
     are pleased that recent price reductions in the new Hepatitis 
     C drugs will allow VA to treat patients faster and reach 
     their target goal of treating all veterans with Hepatitis C 
     years earlier than projected.
       The conferees encourage VA to work to remove any barriers 
     to timely screening and treatment for veterans with Hepatitis 
     C, including maximizing the use of rapid testing techniques. 
     Rapid testing can be especially helpful in reaching veterans 
     who are medically underserved or who live long distances from 
     VA facilities.
       To assist in congressional oversight, VA is directed to 
     continue to report to the Committees in quarterly briefings 
     the number of veterans treated to date, the number of 
     veterans treated each week, the number of veterans pronounced 
     cured to date, the projected number of new cases, and the 
     estimate of veterans likely to be cured during the next 
     quarter. VA is also directed to report quarterly to the 
     Committees obligations for funding Hepatitis C treatments as 
     part of the larger crosscutting VA quarterly financial report 
     required in section 218.
       Program priorities.--The conference agreement provides the 
     following fiscal year 2017 funding for these high priority 
     areas: $243,483,000 for readjustment counseling at Vet 
     Centers; $535,400,000 for gender-specific healthcare, which 
     is $20,000,000 higher than the administration request; 
     $734,628,000 for the caregivers program, which is $10,000,000 
     above the request; $257,477,000 for the homeless grant and 
     per diem program, which is $10,000,000 above the request; and 
     $320,000,000 for the homeless supportive services for low 
     income veterans and families, which is $20,000,000 above the 
     request.
       Rural healthcare.--The conference agreement includes the 
     full budget request of $250,000,000 for the Office of Rural 
     Health (ORH) and the Rural Health Initiative. In addition to 
     any directives contained in the House and Senate reports, the 
     conferees direct that ORH coordinate directly with the 
     Readjustment Counseling Service to develop and implement a 
     strategy to expand the capacity of Vet Centers in order to 
     ensure that the readjustment and psychological counseling 
     needs of veterans in rural and highly rural communities are 
     met. The conferees also direct VA to identify ways to obtain 
     more accurate data on homeless and at-risk veterans in rural 
     areas, as instructed in the

[[Page 9768]]

     Senate report. The conference agreement includes a one-year 
     extension through fiscal year 2017 of the Access Received 
     Closer to Home (ARCH) program, which provides care to 
     veterans in areas without extensive access to VA health 
     facilities. This extension is necessary to maintain veterans' 
     access to healthcare during the transition as VA moves to 
     consolidate its non-VA healthcare programs. The conferees 
     encourage VA to expand its use of telehealth for rural areas 
     since the technique has proven particularly helpful in mental 
     health and primary care health delivery.
       Mental health.--The conference agreement provides the full 
     budget request for all VA mental health services and 
     programs, with additional resources within Medical Services 
     provided for the Veterans Crisis Line and the National 
     Centers for Posttraumatic Stress Disorder. The conference 
     agreement includes $40,000,000 for the National Centers and 
     $78,572,000 for the Veterans Crisis Line. Overall, the 
     agreement includes $173,005,000 for suicide prevention 
     outreach. The conference agreement includes bill language in 
     section 238 similar to that contained in the House bill that 
     requires certain professional standards for the suicide 
     hotline.
       Opioid safety.--To respond to the urgency of the opioid 
     overdose epidemic, the Department is directed to continue to 
     comply with the guidance included in the fiscal year 2016 
     conference report under the paragraph ``Opioid Safety.'' VA 
     is also directed to make public the findings of the Office of 
     Accountability Review investigation into accusations of 
     widespread retaliation against whistleblowers at the Tomah VA 
     Medical Center as well as the outside clinical review. The 
     Department is encouraged to utilize the full spectrum of 
     treatment options for dealing with opioid addiction and 
     expand the use of medication-assisted treatment and other 
     clinically appropriate services to achieve and maintain 
     abstinence from all opioids. The conferees believe it is 
     important for the Department to report necessary information 
     to State-run prescription drug monitoring programs as this 
     will ensure VA providers have the tools they need to better 
     identify at-risk veterans.
       The conferees are aware that only 14 States require their 
     physicians to take pain management education credits. The 
     conferees urge VA to ensure that healthcare providers learn 
     the latest pain management techniques, understand safe 
     prescribing practices, and be able to spot the signs of 
     potential substance use disorders. The conferees believe that 
     comprehensive training in the proper use of pain management 
     medications is a vital step in combating the opioid problem.
       Choice Program delays.--VA data indicate that the number of 
     veterans waiting more than 30 days for an appointment is 
     actually higher now than when the Veterans Choice Program was 
     initiated. The conferees are concerned that this well-
     intentioned program was cobbled together quickly given the 
     time constraints, which has contributed to delays. Further, 
     an often-cited problem with the Choice Program is the lack of 
     clear communications regarding the eligibility requirements 
     of the program to both veterans and non-VA providers. The 
     conferees believe that understanding the obstacles to 
     efficient scheduling of appointments of veterans and swift 
     reimbursement for providers would serve as crucial first 
     steps in resolving some of these issues. The conferees urge 
     VA and its third party providers to address the delays and 
     the communication errors plaguing implementation of the 
     Choice Program.
       Nursing authority.--The conferees recognize that VA has 
     recently published a proposed rule indicating that it is 
     considering the issue of granting full practice authority to 
     some or all of the four advanced practice nursing 
     disciplines. The proposed rule indicates that decision will 
     be reflected in the final rule, after consideration of all 
     the public comments received. In addition, the Under 
     Secretary for Health has testified that he plans to consider 
     as an important variable whether there are significant 
     shortages of the affiliated physician specialties throughout 
     the VA system, which would validate the need for full 
     practice authority for those advanced practice nurse 
     specialties. The conferees urge VA to carefully and 
     thoughtfully seek additional input from internal and external 
     stakeholders prior to publishing the final rule. The 
     conferees encourage VA to make all possible outreach efforts 
     to communicate the changes contained in the proposed rule, 
     gather public comments, and collaborate with Congress, 
     affected stakeholders, VA physician and nursing staffs, and 
     external organizations.
       National Veteran Sports Programs.--The conference agreement 
     includes $9,005,000, which is the budget request for the 
     Office of the National Veterans Sports Programs and Special 
     Events. The conferees concur with the movement of this office 
     to the Veterans Health Administration (VHA), and the 
     agreement includes necessary bill language in section 257 to 
     permit VHA to carry out the Office's activities.
       Patient consults.--The conferees direct VA to report not 
     later than 30 days after the beginning of fiscal year 2017 on 
     specific quality controls that have been implemented to 
     ensure that patient consults are handled in a timely manner.
       Collaboration with historically black health professions 
     schools.--As described in the House and Senate reports, the 
     conferees urge VA to increase its collaboration with the 
     larger, urban hospitals with historically black health 
     professions schools. The Secretary is directed, as in 
     previous conference reports, to convene a symposium where 
     minority collaboration concerns are discussed and addressed.
       Leveraging private sector programs.--The conferees 
     encourage VA to integrate into VA settings private sector 
     programs that adapt information technologies and data 
     interoperability capabilities to better coordinate healthcare 
     services for veterans, as described in the House report.
       Medical residency positions.--The conferees note that, to 
     date, the Department has not submitted to the Committees a 
     report that was directed in the explanatory statement 
     accompanying Public Law 114-113 detailing current 
     coordination with the Direct Graduate Medical Education 
     Program, limitations that may restrict VA's program and 
     ability to expand to underserved areas, and a plan to more 
     effectively carry out VA's graduate medical education program 
     within constraints that exist in the Direct Graduate Medical 
     Education program. The conferees understand that the 
     Department is reviewing comments provided by the Department 
     of Health and Human Services' Center for Medicare and 
     Medicaid Services and direct VA to move as expeditiously as 
     possible in its review and submit the report to the 
     Committees. Further, the conferees direct that VA provide an 
     update to the Committees not later than 15 days after 
     enactment of this Act on the status of this report and a 
     timeline for submission.
       Rehabilitation equipment.--The conferees are aware that the 
     Department currently purchases or reimburses veterans for 
     recumbent bicycles or hand cycles used for rehabilitative 
     purposes only and does not cover the cost of upright 
     bicycles. Given the many veterans in physical or mental 
     rehabilitation programs who are able to use upright bicycles, 
     the conferees urge the Department to make upright bicycles 
     eligible for reimbursement to qualifying veterans. In 
     addition, the conferees direct the Department to submit to 
     the Committees on Appropriations of both Houses of Congress 
     (hereafter ``the Committees'') a report not later than the 
     beginning of fiscal year 2017 outlining the steps needed to 
     be taken to make upright bicycles eligible for reimbursement.


                         medical community care

       The conference agreement provides $7,246,181,000 for 
     Medical Community Care, the account created in the Surface 
     Transportation and Veterans Health Care Choice Improvement 
     Act to consolidate all the VA programs that provide care for 
     veterans in the community from non-VA providers. Section 217 
     of the conference agreement rescinds an identical amount from 
     the Medical Services account. The agreement also provides 
     $9,409,118,000 in advance fiscal year 2018 funding for this 
     account. Of the fiscal year 2017 funding, $2,000,000,000 is 
     made available until the end of fiscal year 2020; of the 
     fiscal year 2018 funding, $1,500,000,000 is available until 
     the end of fiscal year 2021.
       Extended availability of funding.--The conferees are aware 
     the Department books obligations for non-VA care upon a 
     veteran receiving authorization to obtain medical care 
     outside of the Veterans Health Administration and not upon 
     that authorization actually being filled and the Department 
     billed by the outside provider. Due to the timing of 
     reconciliation between obligations, authorizations, and the 
     number of those authorizations filled through private 
     providers, this accounting procedure has led to the de-
     obligation of funds past the life of the budget authority, 
     leading to the expiration of millions of dollars that could 
     have been applied to veterans healthcare programs. Therefore, 
     the conferees have provided flexibility to aid the Department 
     in ensuring all appropriations within this account are able 
     to be obligated before expiration. This extended availability 
     within the new Medical Community Care account should allow VA 
     time to correct this problem; however, the conferees also 
     note this longer period of availability is a temporary 
     solution and will not continue unaltered into the future. The 
     Department is expected to work towards identifying changes in 
     execution that will result in a permanent fix, including 
     discussing with the Office of Management and Budget how best 
     to define the point of obligation for these funds. The 
     conferees expect the Department to keep the Committees 
     apprised of its progress towards a permanent solution and 
     request this issue be addressed within the fiscal year 2019 
     advance appropriations request for this account.


                     medical support and compliance

       The conference agreement provides $6,654,480,000 in advance 
     for fiscal year 2018 for Medical Support and Compliance and 
     makes $100,000,000 of the advance funding available through 
     fiscal year 2019.
       Filling senior position vacancies.--In order for VHA to 
     improve access and increase efficiency within the system, it 
     must fill the critical senior management and clinical 
     vacancies. Therefore, the conferees direct that not less than 
     $21,000,000, as provided in the

[[Page 9769]]

     budget request, be used to hire medical center directors and 
     employees for other management and clinical positions within 
     the Veterans Health Administration.
       Requirements for the hiring of VA healthcare providers.--
     The conferees are deeply troubled by recent reports 
     concerning practicing VA providers whose credentials have not 
     been verified or have been misrepresented, and who have 
     previously entered into settlements or completed disciplinary 
     actions in other States where they may hold a medical 
     license. To protect our Nation's veterans, the Department 
     must do more to guarantee that VA providers are of the 
     highest quality and are, at the very least, in good standing 
     with each State medical board with which they hold licenses. 
     The conferees believe VA should be in strict compliance with 
     Veterans Health Administration Handbook 1100.19 and Directive 
     2012-030 which require the Department to obtain any and all 
     information on medical license violations from each State 
     medical board where a provider holds or has ever held a 
     license and whether the provider has entered into any 
     settlement agreements with a board for disciplinary charges 
     relating to medical practice. The Department is directed to 
     submit a report to the Committees not later than 90 days 
     after the beginning of fiscal year 2017 providing an analysis 
     and an assessment of VA field compliance with Veterans Health 
     Administration Handbook 1100.19 and Directive 2012-030.
       Transmission of VA healthcare providers' information to 
     State medical boards.--Under current VA policy outlined in 
     Veterans Health Administration Handbook 1100.18, in each 
     instance in which a licensed healthcare professional whose 
     behavior or clinical practice so substantially fails to meet 
     generally-accepted standards of clinical practice as to raise 
     reasonable concern for the safety of patients, the Department 
     is required to provide a report to each State licensure board 
     (SLB) where the professional holds a license.
       The conferees are aware, however, that such reports sent to 
     SLBs are typically limited to a generic description of the 
     clinical shortcomings involved, and if the SLB wants more 
     details of the situation it must respond to the report with a 
     formal request for more information. The conferees note SLBs 
     and the Federation of State Medical Boards find it extremely 
     difficult to gain useful information even if they follow VA's 
     exact procedures.
       It is critical for VA to improve communication with SLBs 
     and improve transparency surrounding medical practice 
     violations. VA is urged to send promptly to each SLB where a 
     provider holds a license and the SLB in the State where the 
     provider practices, the full information concerning any 
     violations during the provider's practice at VA.
       While VA providers do not need to hold a license in the 
     same State where the medical facility resides, the conferees 
     believe such State's medical board should, nonetheless, have 
     access to information about a clinical violation committed at 
     a facility in their State to ensure the board can adequately 
     fulfill its obligation to uphold safe medical practice. The 
     Department is directed to submit a report to the Committees 
     not later than 90 days after the beginning of fiscal year 
     2017 providing an assessment of VA field compliance with 
     Veterans Health Administration Handbook 1100.18 and its 
     ability to provide full reporting to SLBs in instances where 
     licensed healthcare professionals' behavior or clinical 
     practice so substantially failed to meet generally-accepted 
     standards of clinical practice that it needed to be reported 
     in compliance with Handbook 1100.18.
       Non-VA care provider reviews.--As the Department continues 
     to increase the scope and size of its non-VA care programs, 
     it is imperative that VA develop policies that ensure that a 
     healthcare provider removed from employment with the Veterans 
     Health Administration due to substandard care, professional 
     misconduct, or violation of the requirements of his or her 
     medical license does not subsequently reemerge as a 
     contracted healthcare provider in the community care 
     programs, including the Choice Program. Therefore, the 
     conferees direct the Department to submit to the Committees 
     not later than the beginning of fiscal year 2017 the current 
     VHA policy on entering into contractual agreements with 
     private providers, either directly or through a third-party 
     administrator, and the provisions of that policy which detail 
     how VA ensures that no healthcare providers removed for 
     misconduct subsequently become providers through the VA's 
     community care programs. In addition, the Department is 
     directed to include, with the policy, what enforcement 
     mechanisms are currently in place as a safeguard and any 
     legislative authorities needed to ensure that veterans 
     receive the highest quality of care from healthcare providers 
     on contract to VA.


                           medical facilities

       The conference agreement provides $5,434,880,000 in advance 
     for fiscal year 2018 for Medical Facilities, as well as 
     $247,668,000 in fiscal year 2017 funding, which is in 
     addition to the advance funding provided last year. Of the 
     advance funding, $250,000,000 is made available through 
     fiscal year 2019.
       Medical facility inspections for food service and 
     environmental quality.--The conferees are disturbed by 
     reports of sanitation and insect infestation problems at food 
     service areas and kitchens at VA healthcare facilities, 
     despite existing internal requirements for periodic 
     inspections. In addition, health-threatening mold has been 
     found in some VA facilities, as documented by the VA 
     Inspector General. The conference agreement includes bill 
     language in sections 251 and 252 requiring VA to contract 
     with the Joint Commission on Accreditation of Hospital 
     Organizations to conduct annual inspections of healthcare 
     facility food service areas, with remediation and re-
     inspection required. Section 252 includes the requirement for 
     the Joint Commission to conduct similar periodic reviews to 
     inspect mold issues in VA medical facilities.
       Improved community-based outpatient clinics (CBOC) 
     capabilities.--The conferees are concerned that VA needs to 
     improve its planning and contracting practices to allow for 
     future expansion needs of CBOCs. In the case of the recently 
     approved Rochester, New York CBOC (Phase I), the conferees 
     have been informed that options to expand for potential 
     future growth could not be included in the original lease 
     contract, warranting procurement of a second facility. The 
     conferees urge the Department to consider economic benefits 
     when considering locations. Furthermore, the Department is 
     directed to provide a report to the Committees not later than 
     the beginning of fiscal year 2017 addressing the rationale as 
     to why such flexibility cannot be included in lease contracts 
     and identify any barriers, including necessary statutory 
     changes, to ensure such options for flexibility are included 
     in future lease contracts.
       Green energy management program.--Given congressional 
     concern with some prior wind energy projects, the conferees 
     believe that the Committees need a clearer budget 
     presentation of all green energy projects--wind, solar, 
     geothermal, etc.--proposed to be funded in the fiscal year 
     2018 budget. Because green energy management funding was used 
     to backfill shortfalls in the Denver hospital construction 
     project, the Committees have difficulty discerning the 
     strategic funding plans that remain for VA green energy 
     management.
       Budget presentation.--The conferees have found the current 
     budget presentation for Medical Facilities distressingly 
     difficult to interpret. The conferees direct VA in the fiscal 
     year 2018 budget submission and in future years to include a 
     list of the projects that are funded in the request, with the 
     project's Strategic Capital Investment Priorities score 
     identified. Recognizing that the list of funded projects may 
     change during the course of the year, VA is directed to 
     provide quarterly updates to the Committees that identify any 
     changes to the list provided in the budget.


                    medical and prosthetic research

       The conference agreement provides $675,366,000 for Medical 
     and Prosthetic Research, available until September 30, 2018. 
     Bill language is included to ensure that the Secretary 
     allocates adequate funding for research on gender-appropriate 
     prosthetics and toxic exposures.
       Gulf War symptoms study.--The conferees are aware that on 
     March 23, 2015, VA contracted with the Institute of Medicine 
     to fulfill the mandated Gulf War and post-9/11 veterans 
     report as required by Public Law 110-389 and that VA is now 
     in receipt of the report. The conferees direct the Department 
     to review the report in an expeditious manner and transmit it 
     to the appropriate congressional committees of jurisdiction 
     not later than 60 days after the beginning of fiscal year 
     2017.
       New research areas.--As indicated in the House report, the 
     conferees encourage VA to create a Center of Innovation for 
     research support and use as candidates for initial research 
     hyperbaric oxygen therapy and magnetic EEG/EKG-guided 
     resonance therapy.
       Study on toxic exposures.--The conferees are aware the 
     Department is finalizing a contract with the National 
     Academies of Sciences, Engineering, and Medicine (NASEM) to 
     assess the current research available on possible 
     generational health effects that may be the result of toxic 
     exposures experienced by veterans. The conferees are aware 
     NASEM will also assess areas requiring further scientific 
     study on the descendants of veterans with toxic exposures. In 
     addition, NASEM will further assess the scope and methodology 
     required to conduct research on such descendants to identify 
     current or possible health effects in the veterans' 
     descendants. The study will be similar to what is directed in 
     the Senate report. The Committees have been provided a 
     detailed list of the scope of the study and are aware the 
     contract is to be awarded in fiscal year 2017. The conferees 
     intend to monitor the award of this contract closely and 
     expect the Department to finalize the award, as summarized 
     above and presented to the Committees.

                    National Cemetery Administration

       The conference agreement provides $286,193,000 for the 
     National Cemetery Administration (NCA). Of the amount 
     provided, not to exceed 10 percent is available until 
     September 30, 2018.
       Rural veterans burial initiative.--The Department is 
     directed to submit to the Committees not later than the 
     beginning of fiscal

[[Page 9770]]

     year 2017 a report detailing the progress to date of the 
     Rural Veterans Burial Initiative and the expected timeline 
     for completion of such initiative.

                      Departmental Administration


                         GENERAL ADMINISTRATION

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $345,391,000 for General 
     Administration. Of the amount provided, not to exceed 5 
     percent is available for obligation until September 30, 2018. 
     The agreement continues to include bill language in section 
     233 permitting the transfer of funds from this account to 
     General Operating Expenses, Veterans Benefits Administration.
       The conference agreement provides $10,545,000 for the 
     Office of the Secretary. The recommendation fully supports 
     and provides the requested amounts in fiscal year 2017 for 
     the Center for Faith-Based and Neighborhood Partnerships, the 
     Center for Minority Veterans, the Center for Women Veterans, 
     and the Office of Survivors Assistance. The Office of 
     Government Relations is funded at $9,146,000, to include not 
     more than $5,900,000 for functions previously conducted by 
     the Office of Congressional and Legislative Affairs.
       Within the amounts made available for General 
     Administration, not less than an additional $1,500,000 shall 
     be specifically reserved for the hiring of Veterans 
     Integrated Service Network (VISN) directors; these amounts 
     shall supplement and not supplant amounts included in the 
     budget request for the hiring of VISN directors. Savings 
     below the requested level for the Office of Congressional and 
     Legislative Affairs function and the immediate Office of the 
     Secretary have been repurposed for this initiative, 
     consistent with direction in the Senate report.
       Improving the veterans' experience at VA.--The conferees 
     note the Secretary is undertaking a major effort to better 
     understand the myriad of ways veterans and eligible 
     dependents interact with VA and then to measurably improve 
     the veterans experience at the point of service delivery. The 
     current customer experience when interacting with the 
     Department is disjointed, inconsistent, and all too often 
     frustrating for the veteran. For example, the VA has over 500 
     veteran-facing websites and almost a thousand 1-800 numbers 
     for veterans to contact VA. To make matters worse, there is 
     no consistent, VA-wide performance standard for the many call 
     centers VA operates. In addition, the current process for 
     training and integrating staff at VA is sorely lacking and 
     not on par with commercial equivalents, particularly when it 
     comes to front-line staff who directly interface with 
     veterans. Also, many of VA's business processes (for example, 
     compensation and pension exams) are built to be internal-
     facing instead of built to put the veteran at the center of 
     the process. The sum of all these limitations has a direct 
     impact on veterans. For example, only 47 percent of veterans 
     surveyed marked ``strongly agree or agree'' with this 
     statement: ``I trust VA to fulfill our country's commitment 
     to veterans.'' The conferees believe VA can and should 
     redesign, measure, and improve the way VA provides services 
     to veterans nationwide, and note with interest the recent 
     efforts by the Secretary to do that. The conferees are 
     interested in the metrics and data the Department has 
     promised it can provide that will show an increase in veteran 
     satisfaction resulting from the efforts the Secretary's 
     office has put into place over the past year intending to 
     improve the veteran experience. The Department is directed to 
     report quarterly to the Committees metrics and data that show 
     improvement in customer satisfaction, the veterans 
     experience, and employee training. The conferees did not 
     provide a direct appropriation for this effort in fiscal year 
     2017; however, the Department is able and expected to 
     continue improving the veterans experience.
       Financial management system.--The conference agreement 
     includes $8,000,000 in this account as well as $44,300,000 in 
     the Information Technology Systems account for development of 
     a new financial management system. The Department has 
     dithered for years in replacing its antiquated legacy system 
     and suffered the consequences of a near meltdown in the 
     hospital system in 2015 when obligations could not be 
     correctly reported. The conferees urge VA to make a decision 
     in fiscal year 2016 to replace its inadequate system with a 
     21st century product so that the Committees can rely on 
     financial information from VA and VA can manage its 
     obligations.
       VA Patient Protection Act of 2016.--The conferees remain 
     concerned about reports of retaliation against whistleblowers 
     within the Department across the Nation. VA has promised to 
     foster a culture of openness by encouraging employees to 
     report cases of wrongdoing, yet there continue to be reports 
     that after bringing to light cases of wrongdoing, the 
     whistleblowers become subjects of retaliation. The conferees 
     note VA must create an environment that allows employees to 
     openly and safely advocate on behalf of veterans, consistent 
     with direction in the Senate report. The conference agreement 
     includes bill language in section 247 that comprehensively 
     addresses the creation of a formal process for whistleblowers 
     to file disclosures when operations within the Department 
     fail to meet the high standards of care and service veterans 
     deserve. Section 247 establishes a Central Whistleblower 
     Office designed as an independent investigatory body to 
     process VA employee complaints, which will ensure 
     whistleblower disclosures receive the prompt, impartial 
     attention deserved. Section 247 defines what actions 
     constitute prohibited retaliation against whistleblowers, 
     sets forth a process under which supervisors will be punished 
     for handling disclosures inappropriately, and requires VA 
     supervisors to be evaluated on their handling of 
     whistleblower complaints. Further, section 247 requires the 
     Department to report annually to the Committees on the number 
     of whistleblower complaints received and their outcomes and 
     to provide the results of Office of Special Counsel 
     investigations related to whistleblower complaints.
       Quarterly reporting.--In section 218 of the conference 
     agreement, the conferees continue to direct VA to provide on 
     a quarterly basis, not later than 30 days after the end of 
     each quarter, a quarterly financial status report that 
     includes, at a minimum, the information identified in this 
     paragraph. Such information shall include:
       1. VHA obligations and collections for the four Medical 
     Care accounts, Nonrecurring Maintenance (as a non-add), 
     Medical Research, the VA-DOD Facility Demonstration Fund, and 
     Medical Care Collections Fund (MCCF) collections--actual to 
     date versus plan;
       2. Updated `VA Medical Care Obligations by Program' chart 
     displayed in the fiscal year 2017 budget justification;
       3. Choice Act obligations for sections 801 and 802--actual 
     to date versus plan;
       4. Hepatitis C obligations, amounts funded through 
     appropriations versus Choice Act, both sources actual to date 
     versus plan;
       5. Cumulative tracking of all transfers made under any 
     authority, including each transfer within the Medical Care 
     appropriations accounts;
       6. General Administration obligations--personal services 
     versus all other--actual to date versus plan;
       7. Board of Veterans Appeals obligations--personal services 
     versus all other--actual to date versus plan;
       8. VBA, GOE obligations--personal services versus all 
     other--actual to date versus plan;
       9. Compensation and Pensions, Readjustment Benefits, and 
     Veterans Insurance and Indemnities--obligations year-to-date 
     versus plan;
       10. NCA obligations--personal services versus all other--
     actual to date versus plan;
       11. Information Technology Systems obligations--personal 
     services versus all other--actual to date versus plan;
       12. Major and Minor Construction obligations--actual to 
     date versus plan;
       13. Obligations to date for each Major Construction 
     project, broken into design versus construction; and
       14. Status of VA full-time equivalent employment--by 
     Administration/IT and revolving funds--by quarter, actual 
     versus plan.


                       BOARD OF VETERANS APPEALS

       The conference agreement provides $156,096,000 for the 
     Board of Veterans Appeals (BVA), of which not to exceed 10 
     percent shall remain available until September 30, 2018. Bill 
     language is included in section 233 permitting VA to transfer 
     funding between this account and the General Operating 
     Expenses, Veterans Benefits Administration account if needed 
     to align funding with the appropriate account to hire staff 
     to address the appeals backlog.
       The conference agreement provides the full budget request 
     in recognition of the growing backlog in resolving appeals. 
     However, the conferees are skeptical that, without the 
     necessary legislative changes proposed by the Administration, 
     VA will be able to make a significant dent in the backlog. As 
     one step, the conferees urge the Board to hire additional BVA 
     board members.
       Legal assistance.--The conferees request the Board to 
     provide a report not later than 90 days after the beginning 
     of fiscal year 2017 about the possible need for legal 
     assistance by veterans who are appealing their ruling from 
     the Veterans Benefits Administration. The report should 
     include information about: (1) the percentage of appellants 
     who receive free legal counsel from veterans service 
     organizations or others versus those who represent themselves 
     or have paid legal counsel; (2) the Board's estimate of unmet 
     legal need among appellants; (3) possible mechanisms to 
     provide free legal assistance to veterans who do not have and 
     are unable to afford legal assistance; and (4) the legal 
     assistance program provided through the U.S. Court of Appeals 
     for Veterans Claims and whether such a program would be 
     appropriate for the Board, including a description of program 
     structure and cost.


                     INFORMATION TECHNOLOGY SYSTEMS

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides $4,278,259,000 for 
     Information Technology (IT) Systems. The agreement identifies 
     separately in bill language the funding available for pay 
     ($1,272,548,000); operations and maintenance 
     ($2,534,442,000); and systems development, modernization, and 
     enhancement ($471,269,000). The agreement makes $37,100,000 
     of pay funding available until the end of fiscal year 2018; 
     $180,200,000 of operations and maintenance funding available

[[Page 9771]]

     until the end of fiscal year 2018; and all IT systems 
     development, modernization and enhancement funding available 
     until the end of fiscal year 2018.
       The conference agreement includes $259,874,000 for VistA 
     Evolution, the modernization of the interoperable electronic 
     health record (EHR) or any successor program; $143,000,000 in 
     information technology funding for the Veterans Benefits 
     Management System which processes disability claims; 
     $19,100,000 for the claims appeals modernization effort; 
     $20,000,000 for Section 508 compliance efforts; $44,300,000 
     for development of a new VA financial management system; and 
     $370,067,000 for the VA information security program, 
     including $125,000,000 for the Cybersecurity Strategy 
     Implementation program.
       As with the fiscal year 2013-2016 appropriations Acts, the 
     fiscal year 2017 agreement includes a prohibition on 
     obligation or expenditure of more than 25 percent of fiscal 
     year 2017 funds provided for development, modernization, and 
     enhancement of the VistA Evolution EHR or a successor program 
     until the Department meets reporting and accountability 
     requirements contained in the conference bill language.
       The conference agreement includes language prohibiting the 
     obligation of IT development, modernization, and enhancement 
     funding until VA submits a certification of the amounts to be 
     obligated, in part or in full, for each development project.
       The conference agreement includes language permitting 
     funding to be transferred among the three IT subaccounts, 
     subject to approval from the Committees.
       The conference agreement includes language providing that 
     funding may be transferred among development projects or to 
     new projects subject to the Committees' approval.
       The conference agreement provides funding for IT 
     development, modernization, and enhancement for the projects 
     and in the amounts specified in the following table:

               INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS
                        (in thousands of dollars)
------------------------------------------------------------------------
                       Project                             Conference
------------------------------------------------------------------------
Electronic Health Record Interoperability/VLER Health             17,322
VistA Evolution or successor EHR program.............             63,339
Veterans Benefits Management System (VBMS)...........             85,288
Virtual Lifetime Electronic Record (VLER)............             17,857
Veteran Customer Experience..........................             73,624
VHA Research IT Support Development..................             15,066
Other IT Systems Development.........................            198,773
                                                      ------------------
    Total, All Development...........................           $471,269
------------------------------------------------------------------------

       This table is intended to serve as the Department's 
     approved list of development projects; any requested changes 
     are subject to reprogramming requirements.
       Appointment scheduling.--For more than a decade, VA has 
     spent millions in an attempt to replace its antiquated 
     scheduling system. VA has begun to fix some of the worst 
     problems in the system with its rollout of VistA Scheduling 
     Enhancement (VSE). But further efforts to modernize 
     scheduling have been put on hold until VA makes a decision 
     about what direction to take with modernizing the electronic 
     health record. The conferees understand the need to align the 
     two systems, but are distressed about the further delays in 
     the implementation of both. The conferees expect that VA will 
     finalize its strategic approach for both the electronic 
     health record and scheduling before the end of fiscal year 
     2016.
       Expenditure plan.--The conference agreement directs the 
     Department to continue to provide an IT expenditure plan to 
     the Committees not later than the start of fiscal year 2017, 
     as indicated in both the House and Senate reports. This plan 
     should be in the same format as the table above.
       Periodic briefings.--The conferees continue to require VA 
     to provide quarterly briefings to the Committees regarding 
     schedule, milestones, and obligations for VistA Evolution or 
     any successor program. The conferees also require quarterly 
     briefings from the DOD/VA Interagency Program Office on the 
     EHR interoperability project.
       Data matching with the Department of Education.--The 
     conferees urge VA to establish a matching program with the 
     Department of Education to identify veterans who are 
     unemployable due to a service-connected disability. Under 
     current law, veterans who have been determined by VA to be 
     unemployable due to a service-connected disability are also 
     eligible for student loan forgiveness. However, given the 
     complexity of the loan discharge process and the seeming lack 
     of communication between the Departments of Veterans Affairs 
     and Education, disabled veterans would stand to benefit from 
     greater coordination between the two Departments.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement provides $160,106,000 for the 
     Office of Inspector General (OIG). Of the amount provided, 
     not to exceed 10 percent is available for obligation until 
     September 30, 2018. The conference agreement directs that the 
     OIG should post publicly any report or audit not later than 3 
     days after it is submitted to the Secretary in final form.


                      CONSTRUCTION, MAJOR PROJECTS

       The conference agreement provides $528,110,000 for 
     Construction, Major Projects, which is the same as the budget 
     request. The agreement makes this funding available for five 
     years, except that $50,000,000 is made available until 
     expended.
       Outside project management.--To ensure the Department will 
     never again mishandle public funds on a construction project 
     in the manner and to the degree the Denver VA Medical Center 
     in Aurora, CO, was mismanaged, the conference agreement 
     directs that $222,620,000 for Veterans Health Administration 
     major construction projects shall not be available until the 
     Department enters into an agreement with a non-Department of 
     Veterans Affairs Federal entity to serve as the design and/or 
     construction agent for each major construction project with a 
     total estimated cost of $100,000,000 or above. The conference 
     agreement makes the funding available for obligation for each 
     project only after VA certifies that the agreement with the 
     non-Department Federal entity is in effect for that project. 
     The two VHA projects affected by the fencing provision are in 
     Reno, Nevada, and Long Beach, California. The requirement to 
     contract with an outside agent for major construction 
     projects was also mandated in Section 502 of the Department 
     of Veterans Affairs Expiring Authorities Act of 2015 (Public 
     Law 114-58), enacted on September 30, 2015. The law 
     contemplates that the non-Department Federal entity will 
     provide management over all or part of the project design, 
     acquisition, construction, and appropriate contract changes, 
     and the Department will reimburse the entity for all 
     appropriate costs associated with the provision of such 
     services.
       The conference agreement funds the following items as 
     requested in the budget submission:

                      CONSTRUCTION, MAJOR PROJECTS
                        (in thousands of dollars)
------------------------------------------------------------------------
                                                           Conference
               Location and description                    Agreement
------------------------------------------------------------------------
Veterans Health Admin. (VHA):
    Long Beach, CA, seismic corrections for mental               $30,200
     health and community living center..............
    Reno, NV, upgrade seismic, life safety,                      192,420
     utilities, and expand clinical services.........
Advance Planning and Design Fund--various locations..             65,000
Major Construction staff--various locations..........             24,000
Claims Analysis--various locations...................              5,000
Hazardous Waste--various locations...................             10,000
Judgment Fund--various locations.....................              9,000
Non-Dept. Fed. Entity Project Management Support.....             49,490
                                                      ------------------
    Total VHA........................................            385,110
National Cemetery Admin. (NCA):
    Elmira, NY--new national cemetery--Western NY....             36,000
    Las Animas, CO--new national cemetery--Southern               36,000
     CO..............................................
    Jacksonville, FL--gravesite expansion............             24,000
    South Florida, FL--gravesite expansion...........             31,000
    Advance Planning and Design Fund--various                     10,000
     locations.......................................
                                                      ------------------
        Total NCA....................................            137,000
General Admin.:
    Staff Offices Advance Planning Fund..............              6,000
                                                      ------------------
        Major Construction total.....................           $528,110
------------------------------------------------------------------------

       Major construction budget justification documents.--The 
     conferees reiterate their concerns regarding the budget 
     justifications submitted for projects funded in this account. 
     The congressional budget justification materials that 
     accompany the President's Budget require a greater level of 
     detail to enhance oversight of the Department's major 
     construction projects. Therefore, the conference agreement 
     includes a new administrative provision section 258, 
     requiring the Department to submit enhanced budget 
     justification documents for projects for which funds are 
     requested. Pursuant to section 258, such justifications shall 
     include, at a minimum, the following elements for all major 
     construction projects:
       1. Project description, to include phases (if applicable) 
     delineated by fiscal year, funding for each phase by fiscal 
     year, and a detailed description of what that funding 
     procures;
       2. Project justification and analysis of benefits;
       3. A comparison of budget authority with the prior year's 
     President's Budget for budget authority already received and 
     needed in future years;
       4. A justification of any cost, schedule, or design change 
     from prior years;
       5. Total estimated cost with a detailed breakout by design, 
     construction (differentiated by primary and support 
     facilities), and operating costs;
       6. A complete project schedule to include dates indicating 
     design start, 35 percent design completion, award of 
     construction documents, design completion, award of 
     construction contract, and estimated construction completion;
       7. Design contract type;
       8. An analysis of alternatives with associated costs;
       9. Demographic data; and
       10. Workload data.
       The Department is directed to submit this information in a 
     format resembling the Department of Defense form 1391 (DD 
     1391). In addition, language is included requiring the 
     Department to submit a proposed budget justification template 
     that complies with this requirement to the Committees within 
     45 days of enactment of this Act.
       Alternative sources of construction funding.--The conferees 
     are aware of the budget challenges with new facility 
     construction at VA. The conferees are pleased that VA has 
     begun to work with the private sector in developing public- 
     private partnerships (P3). P3 projects

[[Page 9772]]

     take advantage of readily available private sector investment 
     capital, expertise, and entrepreneurial discipline. Where 
     private sector financing has already been identified, and 
     where practical, the conferees urge VA to use a P3 model on 
     future VA construction projects.


                      CONSTRUCTION, MINOR PROJECTS

       The conference agreement provides $372,069,000 for 
     Construction, Minor Projects. The agreement makes this 
     funding available for five years. Included within the total 
     is $285,000,000 for the Veterans Health Administration; 
     $56,890,000 for the National Cemetery Administration; 
     $20,000,000 for the Veterans Benefits Administration; and 
     $10,179,000 for General Administration--Staff Offices.
       Expenditure Plan.--The conference agreement includes a 
     directive for the Department to provide an expenditure plan 
     not later than 30 days after the beginning of the fiscal 
     year, as provided in the Senate report. This expenditure plan 
     shall include a complete list of minor construction projects 
     to be supported with the fiscal year 2017 appropriation. The 
     plan shall be updated six months and twelve months after 
     enactment.


       GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

       The conference agreement provides $90,000,000 for Grants 
     for Construction of State Extended Care Facilities, to remain 
     available until expended.


             GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

       The conference agreement provides $45,000,000 for Grants 
     for Construction of Veterans Cemeteries, to remain available 
     until expended.

                       ADMINISTRATIVE PROVISIONS


             (Including Transfers and Rescissions of Funds)

       The conference agreement includes section 201 allowing for 
     transfer of funds among the three mandatory accounts.
       The conference agreement includes section 202 allowing for 
     the transfer of funds among the four medical accounts.
       The conference agreement includes section 203 allowing 
     salaries and expenses funds to be used for related authorized 
     purposes.
       The conference agreement includes section 204 restricting 
     the accounts that may be used for the acquisition of land or 
     the construction of any new hospital or home.
       The conference agreement includes section 205 limiting the 
     use of funds in the Medical Services account only for 
     entitled beneficiaries unless reimbursement is made to the 
     Department.
       The conference agreement includes section 206 allowing for 
     the use of certain mandatory appropriations accounts for 
     payment of prior year accrued obligations for those accounts.
       The conference agreement includes section 207 allowing the 
     use of appropriations available in this title to pay prior 
     year obligations.
       The conference agreement includes section 208 allowing the 
     Department to use surplus earnings from the National Service 
     Life Insurance Fund, the Veterans' Special Life Insurance 
     Fund, and the United States Government Life Insurance Fund to 
     administer these programs.
       The conference agreement includes section 209 allowing the 
     Department to cover the administrative expenses of enhanced-
     use leases and provides authority to obligate these 
     reimbursements in the year in which the proceeds are 
     received.
       The conference agreement includes section 210 limiting the 
     amount of reimbursement the Office of Resolution Management 
     and the Office of Employment Discrimination Complaint 
     Adjudication can charge other offices of the Department for 
     services provided.
       The conference agreement includes section 211 requiring the 
     Department to collect third-party payer information for 
     persons treated for a non-service-connected disability.
       The conference agreement includes section 212 allowing for 
     the use of enhanced-use leasing revenues for Construction, 
     Major Projects and Construction, Minor Projects.
       The conference agreement includes section 213 outlining 
     authorized uses for Medical Services funds.
       The conference agreement includes section 214 allowing for 
     funds deposited into the Medical Care Collections Fund to be 
     transferred to the Medical Services and Medical Community 
     Care accounts.
       The conference agreement includes section 215 which allows 
     Alaskan veterans to use medical facilities of the Indian 
     Health Service or tribal organizations.
       The conference agreement includes section 216 permitting 
     the transfer of funds from the Department of Veterans Affairs 
     Capital Asset Fund to the Construction, Major Projects and 
     Construction, Minor Projects accounts and makes those funds 
     available until expended.
       The conference agreement includes section 217 rescinding 
     $7,246,181,000 of fiscal year 2017 Medical Services funds 
     that were provided in advance. This funding is now provided 
     through the Medical Community Care account.
       The conference agreement includes section 218 requiring the 
     Secretary to submit financial status quarterly reports for 
     each of the Administrations in the Department. The specific 
     data requested is similar to that requested in the fiscal 
     year 2016 conference report.
       The conference agreement includes section 219 requiring the 
     Department to notify and receive approval from the Committees 
     of any proposed transfer of funding to or from the 
     Information Technology Systems account and limits the 
     aggregate annual increase in the account to no more than 10 
     percent of the funding appropriated to the account in this 
     Act.
       The conference agreement includes section 220 prohibiting 
     any funds from being used in a manner that is inconsistent 
     with statutory limitations on outsourcing.
       The conference agreement includes section 221 providing up 
     to $274,731,000 of fiscal year 2017 funds for transfer to the 
     Joint DOD-VA Medical Facility Demonstration Fund.
       The conference agreement includes section 222 which permits 
     up to $280,802,000 of fiscal year 2018 medical care funding 
     provided in advance to be transferred to the Joint DOD-VA 
     Medical Facility Demonstration Fund.
       The conference agreement includes section 223 which 
     authorizes transfers from the Medical Care Collections Fund 
     to the Joint DOD-VA Medical Facility Demonstration Fund.
       The conference agreement includes section 224 which 
     transfers at least $15,000,000 from VA medical accounts to 
     the DOD-VA Health Care Sharing Incentive Fund.
       The conference agreement includes section 225 prohibiting 
     funds available to the Department in this or any other Act 
     from being used to replace the current system by which VISNs 
     select and contract for diabetes monitoring supplies and 
     equipment.
       The conference agreement includes section 226 requiring 
     that the Department notify the Committees of bid savings in a 
     major construction project of at least $5,000,000, or 5 
     percent, whichever is less, 14 days prior to the obligation 
     of the bid savings and their anticipated use.
       The conference agreement includes section 227 which 
     prohibits VA from increasing the scope of work for a major 
     construction project above the scope specified in the 
     original budget request unless the Secretary receives 
     approval from the Committees.
       The conference agreement includes section 228 requiring a 
     quarterly report from each VBA regional office on pending 
     disability claims, both initial and supplemental; error 
     rates; the number of claims processing personnel; corrective 
     actions taken; training programs; and review team audit 
     results.
       The conference agreement includes section 229 limiting the 
     funding from the Medical Services and Medical Support and 
     Compliance accounts for the electronic health record and 
     electronic health record interoperability projects.
       The conference agreement includes section 230 requiring VA 
     to notify the Committees 15 days prior to any staff office 
     relocations within VA of 25 or more FTE.
       The conference agreement includes section 231 requiring the 
     Secretary to report to the Committees each quarter about any 
     single national outreach and awareness marketing campaign 
     exceeding $2,000,000.
       The conference agreement includes section 232 permitting 
     the transfer to the Medical Services account of fiscal year 
     discretionary 2017 funds appropriated in this Act or 
     available from advance fiscal year 2017 funds already 
     appropriated, except for funds appropriated to General 
     Operating Expenses, VBA, to address possible unmet, high 
     priority needs in Medical Services. Such unanticipated 
     demands may result from circumstances such as a greater than 
     projected number of enrollees or higher intensity of use of 
     benefits. Any such transfer requires the approval of the 
     Committees.
       The conference agreement includes section 233 permitting 
     the transfer of funding between the General Operating 
     Expenses, Veterans Benefits Administration account and the 
     Board of Veterans Appeals account if necessary to permit the 
     hiring of staffing at the appropriate stage of the appeals 
     process to address mounting claims appeals workload. Any such 
     transfer requires the approval of the Committees.
       The conference agreement includes section 234 prohibiting 
     the Secretary from reprogramming funds in excess of 
     $5,000,000 among major construction projects or programs 
     unless the reprogramming is approved by the Committees.
       The conference agreement includes section 235 rescinding 
     $40,000,000 in unobligated balances in the DOD-VA Health Care 
     Sharing Incentive Fund.
       The conference agreement includes sections 236 and 237 
     making general rescissions of $169,000,000 in fiscal year 
     2017 advance appropriations and reductions of $23,000,000 in 
     fiscal year 2017 current funded appropriations.
       The conference agreement includes section 238 mandating 
     certain professional standards for the veterans crisis 
     hotline.
       The conference agreement includes section 239 pertaining to 
     certification of marriage and family therapists.
       The conference agreement includes section 240 restricting 
     funds from being used to close certain medical facilities in 
     the absence of a national realignment strategy.
       The conference agreement includes section 241 which 
     prohibits funds from being used to

[[Page 9773]]

     transfer funding from the Filipino Veterans Equity 
     Compensation Fund to any other VA account.
       The conference agreement includes section 242 which 
     provides an extension through fiscal year 2017 of the Access 
     Received Closer to Home (ARCH) program.
       The conference agreement includes section 243 which ends a 
     co-payment requirement for opioid antagonists and supports 
     education on the use of opioid antagonists.
       The conference agreement includes section 244 requiring the 
     VA Inspector General to make public all work products.
       The conference agreement includes section 245 permitting 
     funding to be used in fiscal years 2017 and 2018 to carry out 
     and expand the child care pilot program authorized by section 
     205 of Public Law 111-163.
       The conference agreement includes section 246 making 
     mandatory the reporting to State prescription drug monitoring 
     programs.
       The conference agreement includes section 247 which 
     includes the text of the VA Patient Protection Act of 2016 
     addressing protections for VA whistleblowers.
       The conference agreement includes section 248 identifying 
     information which may be used to verify the status of 
     coastwise merchant seamen who served during World War II for 
     the purposes of eligibility for medals, ribbons, or other 
     military decorations.
       The conference agreement includes section 249 providing 
     monthly assistance allowances for disabled veterans competing 
     on United States Olympic teams.
       The conference agreement includes section 250 which 
     provides coverage under the VA beneficiary travel program for 
     certain types of special disabilities rehabilitation.
       The conference agreement includes section 251 which 
     requires VA to conduct annual inspections of kitchens and 
     food service areas of each medical facility, through the 
     Joint Commission on Accreditation of Hospital Organizations, 
     with required remediation if necessary.
       The conference agreement includes section 252 which 
     requires VA to conduct periodic inspections of mold issues at 
     VA medical facilities through the Joint Commission on 
     Accreditation of Hospital Organizations, along with required 
     remediation if necessary.
       The conference agreement includes section 253 reinstating 
     the requirement for a report on the capacity of VA to provide 
     for specialized treatment and rehabilitative needs of 
     disabled veterans.
       The conference agreement includes section 254 permitting 
     the Secretary to use appropriated funds to ensure particular 
     ratios of veterans to full-time employment equivalents within 
     any VA program of rehabilitation.
       The conference agreement includes section 255 indicating 
     that no funds available in the Act may be used to deny the 
     Inspector General timely access to Department records and 
     documents over which the Inspector General has 
     responsibilities under the Inspector General Act of 1978.
       The conference agreement includes section 256 forbidding 
     funds to be used to enter into a settlement that would 
     restrict an individual's freedom to speak to Members of 
     Congress or their staff.
       The conference agreement includes section 257 providing 
     authority for the Veterans Health Administration to 
     administer the National Veterans Sports Program.
       The conference agreement includes section 258 requiring 
     certain data to be included in budget justifications for 
     Major Construction projects.
       The conference agreement includes section 259 which 
     authorizes 8 VA major construction projects that were funded 
     in fiscal year 2016.
       The conference agreement includes section 260 allowing the 
     use of Medical Services funding for fertility treatment and 
     adoption reimbursement for veterans and their spouses if the 
     veteran has a service-connected disability that results in 
     being unable to procreate without such fertility treatment.
       The Secretary of Veterans Affairs shall develop and publish 
     implementing guidance within 120 days of enactment of this 
     Act. The implementing guidance developed by the Secretary 
     shall not be materially different from, and in no way more 
     expansive than, the implementing guidance promulgated by the 
     Department of Defense in the April 3, 2012 memorandum from 
     the Assistant Secretary of Defense (Health Affairs) entitled 
     ``Policy for Assisted Reproductive Services for the Benefit 
     of Seriously or Severly Ill/Injured (Category II or III) 
     Active Duty Service Members''.

                      TITLE III--RELATED AGENCIES


                  AMERICAN BATTLE MONUMENTS COMMISSION

                         SALARIES AND EXPENSES

       The conference agreement includes $75,100,000 for Salaries 
     and Expenses of the American Battle Monuments Commission 
     (ABMC), as requested.
       The conferees appreciate and support the meaningful work of 
     the ABMC to preserve commemorative and historical sites and 
     to educate the public about the United States Armed Forces. 
     The conferees further recognize the critical role that 
     African Americans and other minorities played during World 
     War II. The conferees urge the ABMC to partner with 
     Department of Defense historians to ensure that these 
     servicemembers and support staff are properly recognized at 
     ABMC sites. Further, the conferees direct the ABMC to 
     appropriately incorporate the contributions of African 
     Americans and other minorities into ABMC's interpretive 
     exhibits and on the ABMC website.


                 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

       The conference agreement includes such sums as necessary 
     for the Foreign Currency Fluctuations Account. However, due 
     to favorable exchange rates, no funds are expected to be 
     required in fiscal year 2017.


           UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

                         SALARIES AND EXPENSES

       The conference agreement includes $30,945,000 for Salaries 
     and Expenses for the United States Court of Appeals for 
     Veterans Claims, as requested.


                      DEPARTMENT OF DEFENSE--CIVIL

                       CEMETERIAL EXPENSES, ARMY

                         SALARIES AND EXPENSES

       The conference agreement includes $70,800,000 for 
     Cemeterial Expenses, Army--Salaries and Expenses, as 
     requested. Within that amount, up to $15,000,000 in funding 
     is available until September 30, 2019.


                ARMED FORCES RETIREMENT HOME TRUST FUND

       The conference agreement includes a total of $64,300,000 
     for the Armed Forces Retirement Home (AFRH), as requested, 
     but does not provide the funds in the manner requested. The 
     agreement does not include the indefinite transfer of an 
     estimated $22,000,000 in funds from the Department of Defense 
     (DOD), Operations and Maintenance, Defense-Wide Account, as 
     requested. Instead, the conference agreement directs that 
     $42,300,000 be derived from the Trust Fund and $22,000,000 be 
     provided from the General Fund to support AFRH operations.
       Trust Fund Solvency.--The conferees are disappointed the 
     Department of Defense did not include with the fiscal year 
     2017 budget request legislative proposals and administrative 
     actions that can be taken under current law in order to 
     achieve Trust Fund solvency in spite of clear direction to do 
     so in the Explanatory Statement accompanying Public Law 114-
     113, the Consolidated Appropriations Act, 2016. Both 
     legislative and administrative actions are necessary to 
     improve Trust Fund solvency, eliminate AFRH's reliance on the 
     General Fund, and maintain the high-quality services provided 
     to AFRH residents. The conferees again direct DOD, working 
     with AFRH, to take appropriate administrative action and to 
     develop and submit proposed authorizing language with the 
     fiscal year 2018 budget request that addresses the issue of 
     Trust Fund solvency. In addition, AFRH is directed to 
     regularly report to the Committees on efforts to stabilize 
     the Trust Fund and to lease its property at the Washington, 
     D.C. facility.
       Study Findings and Proposals.--AFRH's budget request notes 
     that DOD has undertaken an in-depth study to develop mid-term 
     and long-term plans to improve Trust Fund solvency. The study 
     also includes an analysis of AFRH operations to include 
     benchmarking and to identify potential legislative changes to 
     revise AFRH's funding model. The Committees request further 
     information from DOD regarding the study, including a report 
     on its cost, scope of work, deliverables, and timeline, and 
     requests a briefing on the findings and resulting proposals. 
     The conferees are troubled that the study's statement of work 
     seems to be focused on cuts to core AFRH operations as a 
     means of achieving Trust Fund solvency. The conference 
     agreement directs that AFRH and the Department of Defense 
     submit by October 1, 2016, a proposal that ensures the long-
     term sustainability of the Trust Fund by replenishing the 
     Trust Fund's revenues, not by cutting core AFRH operations.

                       ADMINISTRATIVE PROVISIONS

       The conference agreement includes section 301 permitting 
     funds to be provided to Arlington County, Virginia, for the 
     relocation of a water main located on the Arlington National 
     Cemetery property.
       The conference agreement includes section 302 allowing 
     Arlington National Cemetery to deposit and use funds derived 
     from concessions.

               TITLE IV--OVERSEAS CONTINGENCY OPERATIONS


                         Department of Defense

       The conference agreement includes title IV, Overseas 
     Contingency Operations, for military construction projects 
     related to the Global War on Terrorism, the European 
     Reassurance Initiative and Counterterrorism Support that were 
     requested by the Administration in the Fiscal Year 2017 
     Overseas Contingency Operations budget request.


                      Military Construction, Army

       The conference agreement includes $18,900,000 for 
     ``Military Construction, Army'', as requested in the Fiscal 
     Year 2017 Overseas Contingency Operations budget request, for 
     planning and design in support of the European Reassurance 
     Initiative.


              Military Construction, Navy and Marine Corps

       The conference agreement includes $59,809,000 for 
     ``Military Construction, Navy

[[Page 9774]]

     and Marine Corps'', as requested in the Fiscal Year 2017 
     Overseas Contingency Operations budget request, of which 
     $21,400,000 is in support of the European Reassurance 
     Initiative and $38,409,000 is in support of Overseas 
     Contingency Operations.


                    Military Construction, Air Force

       The conference agreement includes $88,291,000 for 
     ``Military Construction, Air Force'', as requested in the 
     Fiscal Year 2017 Overseas Contingency Operations budget 
     request, of which $68,280,000 is in support of the European 
     Reassurance Initiative, $11,440,000 is in support of Overseas 
     Contingency Operations, and $8,571,000 is in support of 
     counterterrorism efforts.


                  Military Construction, Defense-Wide

       The conference agreement includes $5,000,000 for ``Military 
     Construction, Defense-Wide'', as requested in the Fiscal Year 
     2017 Overseas Contingency Operations budget request, for 
     unspecified minor military construction for the Joint Staff 
     in support of the European Reassurance Initiative.


                        Administrative Provision

       The conference agreement includes section 401 regarding 
     emergency designation for the Overseas Contingency Operations 
     accounts.

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                      TITLE V--GENERAL PROVISIONS

       The conference agreement includes section 501 prohibiting 
     the obligation of funds in this Act beyond the current fiscal 
     year unless expressly so provided.
       The conference agreement includes section 502 prohibiting 
     the use of the funds in this Act for programs, projects, or 
     activities not in compliance with Federal law relating to 
     risk assessment, the protection of private property rights, 
     or unfunded mandates.
       The conference agreement includes section 503 encouraging 
     all Departments to expand their use of ``E Commerce.''
       The conference agreement includes section 504 specifying 
     the congressional committees that are to receive all reports 
     and notifications.
       The conference agreement includes section 505 prohibiting 
     the transfer of funds to any instrumentality of the United 
     States Government without authority from an appropriations 
     Act.
       The conference agreement includes section 506 prohibiting 
     the use of funds for a project or program named for a serving 
     Member, Delegate, or Resident Commissioner of the United 
     States House of Representatives.
       The conference agreement includes section 507 requiring all 
     reports submitted to Congress to be posted on official web 
     sites of the submitting agency.
       The conference agreement includes section 508 prohibiting 
     the use of funds to establish or maintain a computer network 
     unless such network blocks the viewing, downloading, and 
     exchanging of pornography, except for law enforcement 
     investigation, prosecution, or adjudication activities.
       The conference agreement includes section 509 prohibiting 
     the use of funds for the payment of first-class air travel by 
     an employee of the executive branch.
       The conference agreement includes section 510 prohibiting 
     the use of funds in this Act for any contract where the 
     contractor has not complied with E-Verify requirements.
       The conference agreement includes section 511 prohibiting 
     the use of funds in this Act by the Department of Defense or 
     the Department of Veterans Affairs for the purchase or lease 
     of a new vehicle except in accordance with Presidential 
     Memorandum--Federal Fleet Performance, dated May 24, 2011.
       The conference agreement includes section 512 prohibiting 
     the use of funds in this Act for the renovation, expansion, 
     or construction of any facility in the continental United 
     States for the purpose of housing any individual who has been 
     detained at the United States Naval Station, Guantanamo Bay, 
     Cuba.

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[[Page 9787]]



[[Page 9788]]



[[Page 9789]]



[[Page 9790]]



[[Page 9791]]



       DIVISION B--ZIKA RESPONSE AND PREPAREDNESS APPROPRIATIONS

       The conference agreement includes $1,108,094,000 in fiscal 
     year 2016 appropriations for Zika response and preparedness. 
     These funds will provide the Department of Health and Human 
     Services and Department of State, and the U.S. Agency for 
     International Development, with additional resources to 
     combat the Zika virus. In addition, the conference agreement 
     includes a rescission of $10,000,000 from unobligated 
     balances of Ebola response and preparedness funds under 
     Operating Expenses of the U.S. Agency for International 
     Development.
       Within the funds provided for Centers for Disease Control 
     and Prevention (CDC), the conferees intend a robust level of 
     funding to support mosquito control efforts conducted by 
     State, county, or municipal programs, including mosquito 
     control districts. CDC should consider the risk of active or 
     local transmission of the Zika virus when allocating such 
     funds. The conferees also encourage the Secretary to update 
     the Healthcare Common Procedure Coding System to account for 
     specific coding requirements and adequate reimbursement rates 
     for Zika diagnostic tests recognized by the Food and Drug 
     Administration.
       A table displaying additional detail for the funding in 
     division B follows.

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[[Page 9797]]



                  DIVISION C--ZIKA VECTOR CONTROL ACT

       The conference agreement includes the ``Zika Vector Control 
     Act'' as division C.

                    DIVISION D--RESCISSIONS OF FUNDS

       The conference agreement includes $750,000,000 in budgetary 
     savings for fiscal year 2016, as follows:
        $543,000,000 are rescinded from amounts available 
     under section 1323(c)(1) of the Patient Protection and 
     Affordable Care Act;
        $100,000,000 are rescinded from the Non-recurring 
     expenses fund of the Department of Health and Human Services; 
     and
        $107,000,000 are rescinded from the unobligated 
     balances of Ebola response and preparedness funds under the 
     Economic Support Fund heading.
     Harold Rogers,
     Tom Cole,
     Kay Granger,
     Charles W. Dent,
     Jeff Fortenberry,
     Thomas J. Rooney,
     Martha Roby,
     David G. Valadao,
                                Managers on the Part of the House.

     Thad Cochran,
     Mark Kirk,
     Mitch McConnell,
     Lisa Murkowski,
     John Hoeven,
     Susan Collins,
     John Boozman,
     Shelley Moore Capito,
     Roy Blunt,
     Lindsey Graham,
     Managers on the Part of the Senate.

                          ____________________