U:\2017REPT\CR\H5325CR-Alt-02.xml AMENDMENT NO.llll SEN. APPRO. Calendar No. ll Purpose: In the nature of a substitute. IN THE SENATE OF THE UNITED STATES—114th Cong., 2d Sess. H.R. 5325 Making appropriations for the Legislative Branch for the fiscal year ending September 30, 2017, and for other purposes. Referred to the Committee on llllllllll and ordered to be printed Ordered to lie on the table and to be printed AMENDMENT IN THE NATURE OF A SUBSTITUTE intended to be proposed by llllllllll Viz: 1 Strike all after the enacting clause, and insert in lieu 2 thereof: 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘Continuing Appropria- 5 tions and Military Construction, Veterans Affairs, and Re6 lated Agencies Appropriations Act, 2017, and Zika Re7 sponse and Preparedness Act’’. 8 SEC. 2. TABLE OF CONTENTS. Sec. Sec. Sec. Sec. Sec. Sec. 1. 2. 3. 4. 5. 6. September 22, 2016 (12:15 p.m.) Short title. Table of contents. References. Statement of appropriations. Availability of funds. Explanatory statement. U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 2 DIVISION A—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017 Title Title Title Title Title I—Department of Defense II—Department of Veterans Affairs III—Related agencies IV—Overseas contingency operations V—General provisions DIVISION B—ZIKA RESPONSE AND PREPAREDNESS APPROPRIATIONS ACT, 2016 DIVISION C—CONTINUING APPROPRIATIONS ACT, 2017 DIVISION D—RESCISSIONS OF FUNDS 1 SEC. 3. REFERENCES. 2 Except as expressly provided otherwise, any reference 3 to ‘‘this Act’’ contained in any division of this Act shall 4 be treated as referring only to the provisions of that divi5 sion. 6 7 SEC. 4. STATEMENT OF APPROPRIATIONS. The following sums in this Act are appropriated, out 8 of any money in the Treasury not otherwise appropriated, 9 for the fiscal year ending September 30, 2017. 10 11 SEC. 5. AVAILABILITY OF FUNDS. Each amount designated in this Act by the Congress 12 as an emergency requirement pursuant to section 13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 14 Deficit Control Act of 1985 shall be available (or re15 scinded, if applicable) only if the President subsequently 16 so designates all such amounts and transmits such des17 ignations to the Congress. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 3 1 2 SEC. 6. EXPLANATORY STATEMENT. (a) The explanatory statement regarding this Act, 3 printed in the Senate section of the Congressional Record 4 on or about September 22, 2016, by the Chairman of the 5 Committee on Appropriations of the Senate, shall have the 6 same effect with respect to the allocation of funds and im7 plementation of divisions A through D of this Act as if 8 it were a joint explanatory statement of a committee of 9 conference. 10 (b) Any reference to the ‘‘joint explanatory statement 11 accompanying this Act’’ contained in division A of this Act 12 shall be considered to be a reference to the explanatory 13 statement described in subsection (a). September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 4 1 DIVISION A—MILITARY CONSTRUCTION, 2 VETERANS AFFAIRS, AND RELATED 3 AGENCIES APPROPRIATIONS ACT, 2017 4 TITLE I 5 DEPARTMENT OF DEFENSE 6 MILITARY CONSTRUCTION, ARMY 7 For acquisition, construction, installation, and equip- 8 ment of temporary or permanent public works, military 9 installations, facilities, and real property for the Army as 10 currently authorized by law, including personnel in the 11 Army Corps of Engineers and other personal services nec12 essary for the purposes of this appropriation, and for con13 struction and operation of facilities in support of the func14 tions of the Commander in Chief, $513,459,000, to re15 main available until September 30, 2021: Provided, That, 16 of this amount, not to exceed $98,159,000 shall be avail17 able for study, planning, design, architect and engineer 18 services, and host nation support, as authorized by law, 19 unless the Secretary of the Army determines that addi20 tional obligations are necessary for such purposes and no21 tifies the Committees on Appropriations of both Houses 22 of Congress of the determination and the reasons therefor. 23 24 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS For acquisition, construction, installation, and equip- 25 ment of temporary or permanent public works, naval in- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 5 1 stallations, facilities, and real property for the Navy and 2 Marine Corps as currently authorized by law, including 3 personnel in the Naval Facilities Engineering Command 4 and other personal services necessary for the purposes of 5 this appropriation, $1,021,580,000, to remain available 6 until September 30, 2021: Provided, That, of this amount, 7 not to exceed $88,230,000 shall be available for study, 8 planning, design, and architect and engineer services, as 9 authorized by law, unless the Secretary of the Navy deter10 mines that additional obligations are necessary for such 11 purposes and notifies the Committees on Appropriations 12 of both Houses of Congress of the determination and the 13 reasons therefor. 14 15 MILITARY CONSTRUCTION, AIR FORCE For acquisition, construction, installation, and equip- 16 ment of temporary or permanent public works, military 17 installations, facilities, and real property for the Air Force 18 as currently authorized by law, $1,491,058,000, to remain 19 available until September 30, 2021: Provided, That of this 20 amount, not to exceed $143,582,000 shall be available for 21 study, planning, design, and architect and engineer serv22 ices, as authorized by law, unless the Secretary of the Air 23 Force determines that additional obligations are necessary 24 for such purposes and notifies the Committees on Appro25 priations of both Houses of Congress of the determination September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 6 1 and the reasons therefor: Provided further, That none of 2 the funds made available under this heading shall be for 3 construction of the Joint Intelligence Analysis Complex 4 Consolidation, Phase 3, at Royal Air Force Croughton, 5 United Kingdom, unless authorized in an Act authorizing 6 appropriations for fiscal year 2017 for military construc7 tion. 8 MILITARY CONSTRUCTION, DEFENSE-WIDE 9 (INCLUDING TRANSFER OF FUNDS) 10 For acquisition, construction, installation, and equip- 11 ment of temporary or permanent public works, installa12 tions, facilities, and real property for activities and agen13 cies of the Department of Defense (other than the military 14 departments), as currently authorized by law, 15 $2,025,444,000, to remain available until September 30, 16 2021: Provided, That such amounts of this appropriation 17 as may be determined by the Secretary of Defense may 18 be transferred to such appropriations of the Department 19 of Defense available for military construction or family 20 housing as the Secretary may designate, to be merged with 21 and to be available for the same purposes, and for the 22 same time period, as the appropriation or fund to which 23 transferred: Provided further, That of the amount appro24 priated, not to exceed $180,775,000 shall be available for 25 study, planning, design, and architect and engineer serv- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 7 1 ices, as authorized by law, unless the Secretary of Defense 2 determines that additional obligations are necessary for 3 such purposes and notifies the Committees on Appropria4 tions of both Houses of Congress of the determination and 5 the reasons therefor. 6 7 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD For construction, acquisition, expansion, rehabilita- 8 tion, and conversion of facilities for the training and ad9 ministration of the Army National Guard, and contribu10 tions therefor, as authorized by chapter 1803 of title 10, 11 United States Code, and Military Construction Authoriza12 tion Acts, $232,930,000, to remain available until Sep13 tember 30, 2021: Provided, That, of the amount appro14 priated, not to exceed $8,729,000 shall be available for 15 study, planning, design, and architect and engineer serv16 ices, as authorized by law, unless the Director of the Army 17 National Guard determines that additional obligations are 18 necessary for such purposes and notifies the Committees 19 on Appropriations of both Houses of Congress of the de20 termination and the reasons therefor. 21 22 MILITARY CONSTRUCTION, AIR NATIONAL GUARD For construction, acquisition, expansion, rehabilita- 23 tion, and conversion of facilities for the training and ad24 ministration of the Air National Guard, and contributions 25 therefor, as authorized by chapter 1803 of title 10, United September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 8 1 States Code, and Military Construction Authorization 2 Acts, $143,957,000, to remain available until September 3 30, 2021: Provided, That, of the amount appropriated, not 4 to exceed $10,462,000 shall be available for study, plan5 ning, design, and architect and engineer services, as au6 thorized by law, unless the Director of the Air National 7 Guard determines that additional obligations are nec8 essary for such purposes and notifies the Committees on 9 Appropriations of both Houses of Congress of the deter10 mination and the reasons therefor. 11 12 MILITARY CONSTRUCTION, ARMY RESERVE For construction, acquisition, expansion, rehabilita- 13 tion, and conversion of facilities for the training and ad14 ministration of the Army Reserve as authorized by chapter 15 1803 of title 10, United States Code, and Military Con16 struction Authorization Acts, $68,230,000, to remain 17 available until September 30, 2021: Provided, That, of the 18 amount appropriated, not to exceed $7,500,000 shall be 19 available for study, planning, design, and architect and en20 gineer services, as authorized by law, unless the Chief of 21 the Army Reserve determines that additional obligations 22 are necessary for such purposes and notifies the Commit23 tees on Appropriations of both Houses of Congress of the 24 determination and the reasons therefor. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 9 1 2 MILITARY CONSTRUCTION, NAVY RESERVE For construction, acquisition, expansion, rehabilita- 3 tion, and conversion of facilities for the training and ad4 ministration of the reserve components of the Navy and 5 Marine Corps as authorized by chapter 1803 of title 10, 6 United States Code, and Military Construction Authoriza7 tion Acts, $38,597,000, to remain available until Sep8 tember 30, 2021: Provided, That, of the amount appro9 priated, not to exceed $3,783,000 shall be available for 10 study, planning, design, and architect and engineer serv11 ices, as authorized by law, unless the Secretary of the 12 Navy determines that additional obligations are necessary 13 for such purposes and notifies the Committees on Appro14 priations of both Houses of Congress of the determination 15 and the reasons therefor. 16 MILITARY CONSTRUCTION, AIR FORCE RESERVE 17 For construction, acquisition, expansion, rehabilita- 18 tion, and conversion of facilities for the training and ad19 ministration of the Air Force Reserve as authorized by 20 chapter 1803 of title 10, United States Code, and Military 21 Construction Authorization Acts, $188,950,000, to remain 22 available until September 30, 2021: Provided, That, of the 23 amount appropriated, not to exceed $4,500,000 shall be 24 available for study, planning, design, and architect and en25 gineer services, as authorized by law, unless the Chief of September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 10 1 the Air Force Reserve determines that additional obliga2 tions are necessary for such purposes and notifies the 3 Committees on Appropriations of both Houses of Congress 4 of the determination and the reasons therefor. 5 NORTH ATLANTIC TREATY ORGANIZATION 6 SECURITY INVESTMENT PROGRAM 7 For the United States share of the cost of the North 8 Atlantic Treaty Organization Security Investment Pro9 gram for the acquisition and construction of military fa10 cilities and installations (including international military 11 headquarters) and for related expenses for the collective 12 defense of the North Atlantic Treaty Area as authorized 13 by section 2806 of title 10, United States Code, and Mili14 tary Construction Authorization Acts, $177,932,000, to 15 remain available until expended. 16 17 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT For deposit into the Department of Defense Base 18 Closure Account, established by section 2906(a) of the De19 fense Base Closure and Realignment Act of 1990 (10 20 U.S.C. 2687 note), $240,237,000, to remain available 21 until expended. 22 23 FAMILY HOUSING CONSTRUCTION, ARMY For expenses of family housing for the Army for con- 24 struction, including acquisition, replacement, addition, ex25 pansion, extension, and alteration, as authorized by law, September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 11 1 $157,172,000, to remain available until September 30, 2 2021. 3 FAMILY HOUSING OPERATION 4 5 AND MAINTENANCE, ARMY For expenses of family housing for the Army for op- 6 eration and maintenance, including debt payment, leasing, 7 minor construction, principal and interest charges, and in8 surance premiums, as authorized by law, $325,995,000. 9 FAMILY HOUSING CONSTRUCTION, NAVY 10 11 AND MARINE CORPS For expenses of family housing for the Navy and Ma- 12 rine Corps for construction, including acquisition, replace13 ment, addition, expansion, extension, and alteration, as 14 authorized by law, $94,011,000, to remain available until 15 September 30, 2021. 16 FAMILY HOUSING OPERATION 17 NAVY 18 AND AND MAINTENANCE, MARINE CORPS For expenses of family housing for the Navy and Ma- 19 rine Corps for operation and maintenance, including debt 20 payment, leasing, minor construction, principal and inter21 est charges, and insurance premiums, as authorized by 22 law, $300,915,000. 23 FAMILY HOUSING CONSTRUCTION, AIR FORCE 24 For expenses of family housing for the Air Force for 25 construction, including acquisition, replacement, addition, September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 12 1 expansion, extension, and alteration, as authorized by law, 2 $61,352,000, to remain available until September 30, 3 2021. 4 FAMILY HOUSING OPERATION 5 AND MAINTENANCE, AIR FORCE 6 For expenses of family housing for the Air Force for 7 operation and maintenance, including debt payment, leas8 ing, minor construction, principal and interest charges, 9 and insurance premiums, as authorized by law, 10 $274,429,000. 11 FAMILY HOUSING OPERATION 12 13 AND MAINTENANCE, DEFENSE-WIDE For expenses of family housing for the activities and 14 agencies of the Department of Defense (other than the 15 military departments) for operation and maintenance, 16 leasing, and minor construction, as authorized by law, 17 $59,157,000. 18 DEPARTMENT 19 20 OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND For the Department of Defense Family Housing Im- 21 provement Fund, $3,258,000, to remain available until ex22 pended, for family housing initiatives undertaken pursu23 ant to section 2883 of title 10, United States Code, pro24 viding alternative means of acquiring and improving mili25 tary family housing and supporting facilities. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 13 1 2 ADMINISTRATIVE PROVISIONS SEC. 101. None of the funds made available in this 3 title shall be expended for payments under a cost-plus-a4 fixed-fee contract for construction, where cost estimates 5 exceed $25,000, to be performed within the United States, 6 except Alaska, without the specific approval in writing of 7 the Secretary of Defense setting forth the reasons there8 for. 9 SEC. 102. Funds made available in this title for con- 10 struction shall be available for hire of passenger motor ve11 hicles. 12 SEC. 103. Funds made available in this title for con- 13 struction may be used for advances to the Federal High14 way Administration, Department of Transportation, for 15 the construction of access roads as authorized by section 16 210 of title 23, United States Code, when projects author17 ized therein are certified as important to the national de18 fense by the Secretary of Defense. 19 SEC. 104. None of the funds made available in this 20 title may be used to begin construction of new bases in 21 the United States for which specific appropriations have 22 not been made. 23 SEC. 105. None of the funds made available in this 24 title shall be used for purchase of land or land easements 25 in excess of 100 percent of the value as determined by September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 14 1 the Army Corps of Engineers or the Naval Facilities Engi2 neering Command, except: (1) where there is a determina3 tion of value by a Federal court; (2) purchases negotiated 4 by the Attorney General or the designee of the Attorney 5 General; (3) where the estimated value is less than 6 $25,000; or (4) as otherwise determined by the Secretary 7 of Defense to be in the public interest. 8 SEC. 106. None of the funds made available in this 9 title shall be used to: (1) acquire land; (2) provide for site 10 preparation; or (3) install utilities for any family housing, 11 except housing for which funds have been made available 12 in annual Acts making appropriations for military con13 struction. 14 SEC. 107. None of the funds made available in this 15 title for minor construction may be used to transfer or 16 relocate any activity from one base or installation to an17 other, without prior notification to the Committees on Ap18 propriations of both Houses of Congress. 19 SEC. 108. None of the funds made available in this 20 title may be used for the procurement of steel for any con21 struction project or activity for which American steel pro22 ducers, fabricators, and manufacturers have been denied 23 the opportunity to compete for such steel procurement. 24 SEC. 109. None of the funds available to the Depart- 25 ment of Defense for military construction or family hous- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 15 1 ing during the current fiscal year may be used to pay real 2 property taxes in any foreign nation. 3 SEC. 110. None of the funds made available in this 4 title may be used to initiate a new installation overseas 5 without prior notification to the Committees on Appro6 priations of both Houses of Congress. 7 SEC. 111. None of the funds made available in this 8 title may be obligated for architect and engineer contracts 9 estimated by the Government to exceed $500,000 for 10 projects to be accomplished in Japan, in any North Atlan11 tic Treaty Organization member country, or in countries 12 bordering the Arabian Gulf, unless such contracts are 13 awarded to United States firms or United States firms 14 in joint venture with host nation firms. 15 SEC. 112. None of the funds made available in this 16 title for military construction in the United States terri17 tories and possessions in the Pacific and on Kwajalein 18 Atoll, or in countries bordering the Arabian Gulf, may be 19 used to award any contract estimated by the Government 20 to exceed $1,000,000 to a foreign contractor: Provided, 21 That this section shall not be applicable to contract 22 awards for which the lowest responsive and responsible bid 23 of a United States contractor exceeds the lowest respon24 sive and responsible bid of a foreign contractor by greater 25 than 20 percent: Provided further, That this section shall September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 16 1 not apply to contract awards for military construction on 2 Kwajalein Atoll for which the lowest responsive and re3 sponsible bid is submitted by a Marshallese contractor. 4 SEC. 113. The Secretary of Defense shall inform the 5 appropriate committees of both Houses of Congress, in6 cluding the Committees on Appropriations, of plans and 7 scope of any proposed military exercise involving United 8 States personnel 30 days prior to its occurring, if amounts 9 expended for construction, either temporary or permanent, 10 are anticipated to exceed $100,000. 11 SEC. 114. Funds appropriated to the Department of 12 Defense for construction in prior years shall be available 13 for construction authorized for each such military depart14 ment by the authorizations enacted into law during the 15 current session of Congress. 16 SEC. 115. For military construction or family housing 17 projects that are being completed with funds otherwise ex18 pired or lapsed for obligation, expired or lapsed funds may 19 be used to pay the cost of associated supervision, inspec20 tion, overhead, engineering and design on those projects 21 and on subsequent claims, if any. 22 SEC. 116. Notwithstanding any other provision of 23 law, any funds made available to a military department 24 or defense agency for the construction of military projects 25 may be obligated for a military construction project or September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 17 1 contract, or for any portion of such a project or contract, 2 at any time before the end of the fourth fiscal year after 3 the fiscal year for which funds for such project were made 4 available, if the funds obligated for such project: (1) are 5 obligated from funds available for military construction 6 projects; and (2) do not exceed the amount appropriated 7 for such project, plus any amount by which the cost of 8 such project is increased pursuant to law. 9 10 (INCLUDING TRANSFER OF FUNDS) SEC. 117. Subject to 30 days prior notification, or 11 14 days for a notification provided in an electronic me12 dium pursuant to sections 480 and 2883 of title 10, 13 United States Code, to the Committees on Appropriations 14 of both Houses of Congress, such additional amounts as 15 may be determined by the Secretary of Defense may be 16 transferred to: (1) the Department of Defense Family 17 Housing Improvement Fund from amounts appropriated 18 for construction in ‘‘Family Housing’’ accounts, to be 19 merged with and to be available for the same purposes 20 and for the same period of time as amounts appropriated 21 directly to the Fund; or (2) the Department of Defense 22 Military Unaccompanied Housing Improvement Fund 23 from amounts appropriated for construction of military 24 unaccompanied housing in ‘‘Military Construction’’ ac25 counts, to be merged with and to be available for the same September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 18 1 purposes and for the same period of time as amounts ap2 propriated directly to the Fund: Provided, That appropria3 tions made available to the Funds shall be available to 4 cover the costs, as defined in section 502(5) of the Con5 gressional Budget Act of 1974, of direct loans or loan 6 guarantees issued by the Department of Defense pursuant 7 to the provisions of subchapter IV of chapter 169 of title 8 10, United States Code, pertaining to alternative means 9 of acquiring and improving military family housing, mili10 tary unaccompanied housing, and supporting facilities. 11 12 (INCLUDING TRANSFER OF FUNDS) SEC. 118. In addition to any other transfer authority 13 available to the Department of Defense, amounts may be 14 transferred from the Department of Defense Base Closure 15 Account to the fund established by section 1013(d) of the 16 Demonstration Cities and Metropolitan Development Act 17 of 1966 (42 U.S.C. 3374) to pay for expenses associated 18 with the Homeowners Assistance Program incurred under 19 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall 20 be merged with and be available for the same purposes 21 and for the same time period as the fund to which trans22 ferred. 23 SEC. 119. Notwithstanding any other provision of 24 law, funds made available in this title for operation and 25 maintenance of family housing shall be the exclusive September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 19 1 source of funds for repair and maintenance of all family 2 housing units, including general or flag officer quarters: 3 Provided, That not more than $35,000 per unit may be 4 spent annually for the maintenance and repair of any gen5 eral or flag officer quarters without 30 days prior notifica6 tion, or 14 days for a notification provided in an electronic 7 medium pursuant to sections 480 and 2883 of title 10, 8 United States Code, to the Committees on Appropriations 9 of both Houses of Congress, except that an after-the-fact 10 notification shall be submitted if the limitation is exceeded 11 solely due to costs associated with environmental remedi12 ation that could not be reasonably anticipated at the time 13 of the budget submission: Provided further, That the 14 Under Secretary of Defense (Comptroller) is to report an15 nually to the Committees on Appropriations of both 16 Houses of Congress all operation and maintenance ex17 penditures for each individual general or flag officer quar18 ters for the prior fiscal year. 19 SEC. 120. Amounts contained in the Ford Island Im- 20 provement Account established by subsection (h) of sec21 tion 2814 of title 10, United States Code, are appro22 priated and shall be available until expended for the pur23 poses specified in subsection (i)(1) of such section or until 24 transferred pursuant to subsection (i)(3) of such section. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 20 1 2 (INCLUDING TRANSFER OF FUNDS) SEC. 121. During the 5-year period after appropria- 3 tions available in this Act to the Department of Defense 4 for military construction and family housing operation and 5 maintenance and construction have expired for obligation, 6 upon a determination that such appropriations will not be 7 necessary for the liquidation of obligations or for making 8 authorized adjustments to such appropriations for obliga9 tions incurred during the period of availability of such ap10 propriations, unobligated balances of such appropriations 11 may be transferred into the appropriation ‘‘Foreign Cur12 rency Fluctuations, Construction, Defense’’, to be merged 13 with and to be available for the same time period and for 14 the same purposes as the appropriation to which trans15 ferred. 16 SEC. 122. (a) Except as provided in subsection (b), 17 none of the funds made available in this Act may be used 18 by the Secretary of the Army to relocate a unit in the 19 Army that— 20 (1) performs a testing mission or function that 21 is not performed by any other unit in the Army and 22 is specifically stipulated in title 10, United States 23 Code; and 24 (2) is located at a military installation at which 25 the total number of civilian employees of the Depart- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 21 1 ment of the Army and Army contractor personnel 2 employed exceeds 10 percent of the total number of 3 members of the regular and reserve components of 4 the Army assigned to the installation. 5 (b) EXCEPTION.—Subsection (a) shall not apply if 6 the Secretary of the Army certifies to the congressional 7 defense committees that in proposing the relocation of the 8 unit of the Army, the Secretary complied with Army Regu9 lation 5–10 relating to the policy, procedures, and respon10 sibilities for Army stationing actions. 11 SEC. 123. Amounts appropriated or otherwise made 12 available in an account funded under the headings in this 13 title may be transferred among projects and activities 14 within the account in accordance with the reprogramming 15 guidelines for military construction and family housing 16 construction contained in Department of Defense Finan17 cial Management Regulation 7000.14–R, Volume 3, Chap18 ter 7, of March 2011, as in effect on the date of enactment 19 of this Act. 20 SEC. 124. None of the funds made available in this 21 title may be obligated or expended for planning and design 22 and construction of projects at Arlington National Ceme23 tery. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 22 1 SEC. 125. For an additional amount for the accounts 2 and in the amounts specified, to remain available until 3 September 30, 2021: 4 ‘‘Military Construction, Army’’, $40,500,000; 5 ‘‘Military 6 ‘‘Military 8 $149,500,000; 9 Marine Construction, Air Force’’, $67,500,000; ‘‘Military Construction, Air National Guard’’, $11,000,000; 13 14 and ‘‘Military Construction, Army National Guard’’, 11 12 Navy Corps’’, $227,099,000; 7 10 Construction, ‘‘Military Construction, Army Reserve’’, $30,000,000: 15 Provided, That such funds may only be obligated to carry 16 out construction projects identified in the respective mili17 tary department’s unfunded priority list for fiscal year 18 2017 submitted to Congress by the Secretary of Defense: 19 Provided further, That such projects are subject to author20 ization prior to obligation and expenditure of funds to 21 carry out construction: Provided further, That not later 22 than 30 days after enactment of this Act, the Secretary 23 of the military department concerned, or his or her des24 ignee, shall submit to the Committees on Appropriations September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 23 1 of both Houses of Congress an expenditure plan for funds 2 provided under this section. 3 SEC. 126. For an additional amount for ‘‘Military 4 Construction, Navy and Marine Corps’’, $89,400,000, to 5 remain available until September 30, 2021: Provided, 6 That, such funds may only be obligated to carry out con7 struction projects identified by the Department of the 8 Navy in its June 8, 2016, unfunded priority list submis9 sion to the Committees on Appropriations of both Houses 10 of Congress detailing unfunded reprogramming and emer11 gency construction requirements: Provided further, That, 12 not later than 30 days after enactment of this Act, the 13 Secretary of the Navy, or his or her designee, shall submit 14 to the Committees an expenditure plan for funds provided 15 under this section. 16 17 (RESCISSIONS OF FUNDS) SEC. 127. Of the unobligated balances available to 18 the Department of Defense from prior appropriation Acts, 19 the following funds are hereby rescinded from the fol20 lowing accounts in the amounts specified: 21 ‘‘Military Construction, Army’’, $29,602,000; 22 ‘‘Military 23 Air Force’’, Construction, Defense-Wide’’, $51,460,000; 24 25 Construction, ‘‘Military $171,600,000, of which $30,000,000 are to be de- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 24 1 rived from amounts made available for Missile De- 2 fense Agency planning and design; and 3 4 ‘‘North Atlantic Treaty Organization Security Investment Program’’, $30,000,000: 5 Provided, That no amounts may be rescinded from 6 amounts that were designated by the Congress for Over7 seas Contingency Operations/Global War on Terrorism or 8 as an emergency requirement pursuant to a concurrent 9 resolution on the budget or the Balanced Budget and 10 Emergency Deficit Control Act of 1985, as amended. 11 12 (RESCISSION OF FUNDS) SEC. 128. Of the unobligated balances made available 13 in prior appropriation Acts for the fund established in sec14 tion 1013(d) of the Demonstration Cities and Metropoli15 tan Development Act of 1966 (42 U.S.C. 3374) (other 16 than appropriations designated by law as being for contin17 gency operations directly related to the global war on ter18 rorism or as an emergency requirement), $25,000,000 are 19 hereby rescinded. 20 SEC. 129. For the purposes of this Act, the term 21 ‘‘congressional defense committees’’ means the Commit22 tees on Armed Services of the House of Representatives 23 and the Senate, the Subcommittee on Military Construc24 tion and Veterans Affairs of the Committee on Appropria25 tions of the Senate, and the Subcommittee on Military September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 25 1 Construction and Veterans Affairs of the Committee on 2 Appropriations of the House of Representatives. 3 SEC. 130. None of the funds made available by this 4 Act may be used to carry out the closure or realignment 5 of the United States Naval Station, Guanta´namo Bay, 6 Cuba. 7 SEC. 131. Notwithstanding any other provision of 8 law, none of the funds appropriated or otherwise made 9 available by this or any other Act may be used to consoli10 date or relocate any element of a United States Air Force 11 Rapid Engineer Deployable Heavy Operational Repair 12 Squadron Engineer (RED HORSE) outside of the United 13 States until the Secretary of the Air Force (1) completes 14 an analysis and comparison of the cost and infrastructure 15 investment required to consolidate or relocate a RED 16 HORSE squadron outside of the United States versus 17 within the United States; (2) provides to the Committees 18 on Appropriations of both Houses of Congress (‘‘the Com19 mittees’’) a report detailing the findings of the cost anal20 ysis; and (3) certifies in writing to the Committees that 21 the preferred site for the consolidation or relocation yields 22 the greatest savings for the Air Force: Provided, That the 23 term ‘‘United States’’ in this section does not include any 24 territory or possession of the United States. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 26 1 TITLE II 2 DEPARTMENT OF VETERANS AFFAIRS 3 VETERANS BENEFITS ADMINISTRATION 4 COMPENSATION AND PENSIONS 5 (INCLUDING TRANSFER OF FUNDS) 6 For the payment of compensation benefits to or on 7 behalf of veterans and a pilot program for disability ex8 aminations as authorized by section 107 and chapters 11, 9 13, 18, 51, 53, 55, and 61 of title 38, United States Code; 10 pension benefits to or on behalf of veterans as authorized 11 by chapters 15, 51, 53, 55, and 61 of title 38, United 12 States Code; and burial benefits, the Reinstated Entitle13 ment Program for Survivors, emergency and other offi14 cers’ retirement pay, adjusted-service credits and certifi15 cates, payment of premiums due on commercial life insur16 ance policies guaranteed under the provisions of title IV 17 of the Servicemembers Civil Relief Act (50 U.S.C. App. 18 541 et seq.) and for other benefits as authorized by sec19 tions 107, 1312, 1977, and 2106, and chapters 23, 51, 20 53, 55, and 61 of title 38, United States Code, 21 $90,119,449,000, to remain available until expended and 22 to become available on October 1, 2017: Provided, That 23 not to exceed $17,224,000 of the amount made available 24 for fiscal year 2018 under this heading shall be reim25 bursed to ‘‘General Operating Expenses, Veterans Bene- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 27 1 fits Administration’’, and ‘‘Information Technology Sys2 tems’’ for necessary expenses in implementing the provi3 sions of chapters 51, 53, and 55 of title 38, United States 4 Code, the funding source for which is specifically provided 5 as the ‘‘Compensation and Pensions’’ appropriation: Pro6 vided further, That such sums as may be earned on an 7 actual qualifying patient basis, shall be reimbursed to 8 ‘‘Medical Care Collections Fund’’ to augment the funding 9 of individual medical facilities for nursing home care pro10 vided to pensioners as authorized. 11 12 READJUSTMENT BENEFITS For the payment of readjustment and rehabilitation 13 benefits to or on behalf of veterans as authorized by chap14 ters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 15 61 of title 38, United States Code, $13,708,648,000, to 16 remain available until expended and to become available 17 on October 1, 2017: Provided, That expenses for rehabili18 tation program services and assistance which the Sec19 retary is authorized to provide under subsection (a) of sec20 tion 3104 of title 38, United States Code, other than 21 under paragraphs (1), (2), (5), and (11) of that sub22 section, shall be charged to this account. 23 24 VETERANS INSURANCE AND INDEMNITIES For military and naval insurance, national service life 25 insurance, servicemen’s indemnities, service-disabled vet- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 28 1 erans insurance, and veterans mortgage life insurance as 2 authorized by chapters 19 and 21, title 38, United States 3 Code, $124,504,000, to remain available until expended, 4 of which $107,899,000 shall become available on October 5 1, 2017. 6 7 VETERANS HOUSING BENEFIT PROGRAM FUND For the cost of direct and guaranteed loans, such 8 sums as may be necessary to carry out the program, as 9 authorized by subchapters I through III of chapter 37 of 10 title 38, United States Code: Provided, That such costs, 11 including the cost of modifying such loans, shall be as de12 fined in section 502 of the Congressional Budget Act of 13 1974: Provided further, That, during fiscal year 2017, 14 within the resources available, not to exceed $500,000 in 15 gross obligations for direct loans are authorized for spe16 cially adapted housing loans. 17 In addition, for administrative expenses to carry out 18 the direct and guaranteed loan programs, $198,856,000. 19 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT 20 For the cost of direct loans, $36,000, as authorized 21 by chapter 31 of title 38, United States Code: Provided, 22 That such costs, including the cost of modifying such 23 loans, shall be as defined in section 502 of the Congres24 sional Budget Act of 1974: Provided further, That funds 25 made available under this heading are available to sub- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 29 1 sidize gross obligations for the principal amount of direct 2 loans not to exceed $2,517,000. 3 In addition, for administrative expenses necessary to 4 carry out the direct loan program, $389,000, which may 5 be paid to the appropriation for ‘‘General Operating Ex6 penses, Veterans Benefits Administration’’. 7 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM 8 ACCOUNT 9 For administrative expenses to carry out the direct 10 loan program authorized by subchapter V of chapter 37 11 of title 38, United States Code, $1,163,000. 12 GENERAL OPERATING EXPENSES, VETERANS BENEFITS 13 ADMINISTRATION 14 For necessary operating expenses of the Veterans 15 Benefits Administration, not otherwise provided for, in16 cluding hire of passenger motor vehicles, reimbursement 17 of the General Services Administration for security guard 18 services, and reimbursement of the Department of De19 fense for the cost of overseas employee mail, 20 $2,856,160,000: Provided, That expenses for services and 21 assistance authorized under paragraphs (1), (2), (5), and 22 (11) of section 3104(a) of title 38, United States Code, 23 that the Secretary of Veterans Affairs determines are nec24 essary to enable entitled veterans: (1) to the maximum ex25 tent feasible, to become employable and to obtain and September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 30 1 maintain suitable employment; or (2) to achieve maximum 2 independence in daily living, shall be charged to this ac3 count: Provided further, That, of the funds made available 4 under this heading, not to exceed 5 percent shall remain 5 available until September 30, 2018. 6 VETERANS HEALTH ADMINISTRATION 7 MEDICAL SERVICES 8 For necessary expenses for furnishing, as authorized 9 by law, inpatient and outpatient care and treatment to 10 beneficiaries of the Department of Veterans Affairs and 11 veterans described in section 1705(a) of title 38, United 12 States Code, including care and treatment in facilities not 13 under the jurisdiction of the Department, and including 14 medical supplies and equipment, bioengineering services, 15 food services, and salaries and expenses of healthcare em16 ployees hired under title 38, United States Code, aid to 17 State homes as authorized by section 1741 of title 38, 18 United States Code, assistance and support services for 19 caregivers as authorized by section 1720G of title 38, 20 United States Code, loan repayments authorized by sec21 tion 604 of the Caregivers and Veterans Omnibus Health 22 Services Act of 2010 (Public Law 111–163; 124 Stat. 23 1174; 38 U.S.C. 7681 note), and hospital care and med24 ical services authorized by section 1787 of title 38, United 25 States Code; $1,078,993,000, which shall be in addition September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 31 1 to funds previously appropriated under this heading that 2 become available on October 1, 2016; and, in addition, 3 $44,886,554,000, plus reimbursements, shall become 4 available on October 1, 2017, and shall remain available 5 until September 30, 2018: Provided, That, of the amount 6 made available on October 1, 2017, under this heading, 7 $1,400,000,000 shall remain available until September 30, 8 2019: Provided further, That, notwithstanding any other 9 provision of law, the Secretary of Veterans Affairs shall 10 establish a priority for the provision of medical treatment 11 for veterans who have service-connected disabilities, lower 12 income, or have special needs: Provided further, That, not13 withstanding any other provision of law, the Secretary of 14 Veterans Affairs shall give priority funding for the provi15 sion of basic medical benefits to veterans in enrollment 16 priority groups 1 through 6: Provided further, That, not17 withstanding any other provision of law, the Secretary of 18 Veterans Affairs may authorize the dispensing of prescrip19 tion drugs from Veterans Health Administration facilities 20 to enrolled veterans with privately written prescriptions 21 based on requirements established by the Secretary: Pro22 vided further, That the implementation of the program de23 scribed in the previous proviso shall incur no additional 24 cost to the Department of Veterans Affairs: Provided fur25 ther, That the Secretary of Veterans Affairs shall ensure September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 32 1 that sufficient amounts appropriated under this heading 2 for medical supplies and equipment are available for the 3 acquisition of prosthetics designed specifically for female 4 veterans: Provided further, That the Secretary of Veterans 5 Affairs shall provide access to therapeutic listening devices 6 to veterans struggling with mental health related prob7 lems, substance abuse, or traumatic brain injury. 8 9 MEDICAL COMMUNITY CARE For necessary expenses for furnishing health care to 10 individuals pursuant to chapter 17 of title 38, United 11 States Code, at 12 $7,246,181,000, plus non-Department reimbursements, facilities, of which 13 $2,000,000,000 shall remain available until September 30, 14 2020; and, in addition, $9,409,118,000 shall become avail15 able on October 1, 2017, and shall remain available until 16 September 30, 2018: Provided, That of the amount made 17 available on October 1, 2017, $1,500,000,000 shall remain 18 available until September 30, 2021. 19 20 MEDICAL SUPPORT AND COMPLIANCE For necessary expenses in the administration of the 21 medical, hospital, nursing home, domiciliary, construction, 22 supply, and research activities, as authorized by law; ad23 ministrative expenses in support of capital policy activi24 ties; and administrative and legal expenses of the Depart25 ment for collecting and recovering amounts owed the De- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 33 1 partment as authorized under chapter 17 of title 38, 2 United States Code, and the Federal Medical Care Recov3 ery Act (42 U.S.C. 2651 et seq.), $6,654,480,000, plus 4 reimbursements, shall become available on October 1, 5 2017, and shall remain available until September 30, 6 2018: Provided, That, of the amount made available on 7 October 1, 2017, under this heading, $100,000,000 shall 8 remain available until September 30, 2019. 9 10 MEDICAL FACILITIES For necessary expenses for the maintenance and op- 11 eration of hospitals, nursing homes, domiciliary facilities, 12 and other necessary facilities of the Veterans Health Ad13 ministration; for administrative expenses in support of 14 planning, design, project management, real property ac15 quisition and disposition, construction, and renovation of 16 any facility under the jurisdiction or for the use of the 17 Department; for oversight, engineering, and architectural 18 activities not charged to project costs; for repairing, alter19 ing, improving, or providing facilities in the several hos20 pitals and homes under the jurisdiction of the Depart21 ment, not otherwise provided for, either by contract or by 22 the hire of temporary employees and purchase of mate23 rials; for leases of facilities; and for laundry services; 24 $247,668,000, which shall be in addition to funds pre25 viously appropriated under this heading that become avail- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 34 1 able on October 1, 2016; and, in addition, 2 $5,434,880,000, plus reimbursements, shall become avail3 able on October 1, 2017, and shall remain available until 4 September 30, 2018: Provided, That, of the amount made 5 available on October 1, 2017, under this heading, 6 $250,000,000 shall remain available until September 30, 7 2019. 8 9 MEDICAL AND PROSTHETIC RESEARCH For necessary expenses in carrying out programs of 10 medical and prosthetic research and development as au11 thorized by chapter 73 of title 38, United States Code, 12 $675,366,000, plus reimbursements, shall remain avail13 able until September 30, 2018: Provided, That the Sec14 retary of Veterans Affairs shall ensure that sufficient 15 amounts appropriated under this heading are available for 16 prosthetic research specifically for female veterans, and 17 for toxic exposure research. 18 19 NATIONAL CEMETERY ADMINISTRATION For necessary expenses of the National Cemetery Ad- 20 ministration for operations and maintenance, not other21 wise provided for, including uniforms or allowances there22 for; cemeterial expenses as authorized by law; purchase 23 of one passenger motor vehicle for use in cemeterial oper24 ations; hire of passenger motor vehicles; and repair, alter25 ation or improvement of facilities under the jurisdiction September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 35 1 of the National Cemetery Administration, $286,193,000, 2 of which not to exceed 10 percent shall remain available 3 until September 30, 2018. 4 DEPARTMENTAL ADMINISTRATION 5 GENERAL ADMINISTRATION 6 (INCLUDING TRANSFER OF FUNDS) 7 For necessary operating expenses of the Department 8 of Veterans Affairs, not otherwise provided for, including 9 administrative expenses in support of Department-wide 10 capital planning, management and policy activities, uni11 forms, or allowances therefor; not to exceed $25,000 for 12 official reception and representation expenses; hire of pas13 senger motor vehicles; and reimbursement of the General 14 Services Administration for security guard services, 15 $345,391,000, of which not to exceed 5 percent shall re16 main available until September 30, 2018: Provided, That 17 funds provided under this heading may be transferred to 18 ‘‘General Operating Expenses, Veterans Benefits Adminis19 tration’’. 20 21 BOARD OF VETERANS APPEALS For necessary operating expenses of the Board of 22 Veterans Appeals, $156,096,000, of which not to exceed 23 10 percent shall remain available until September 30, 24 2018. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 36 1 INFORMATION TECHNOLOGY SYSTEMS 2 (INCLUDING TRANSFER OF FUNDS) 3 For necessary expenses for information technology 4 systems and telecommunications support, including devel5 opmental information systems and operational information 6 systems; for pay and associated costs; and for the capital 7 asset acquisition of information technology systems, in8 cluding management and related contractual costs of said 9 acquisitions, including contractual costs associated with 10 operations authorized by section 3109 of title 5, United 11 States Code, $4,278,259,000, plus reimbursements: Pro12 vided, That $1,272,548,000 shall be for pay and associ13 ated costs, of which not to exceed $37,100,000 shall re14 main available until September 30, 2018: Provided further, 15 That $2,534,442,000 shall be for operations and mainte16 nance, of which not to exceed $180,200,000 shall remain 17 available until September 30, 2018: Provided further, That 18 $471,269,000 shall be for information technology systems 19 development, modernization, and enhancement, and shall 20 remain available until September 30, 2018: Provided fur21 ther, That amounts made available for information tech22 nology systems development, modernization, and enhance23 ment may not be obligated or expended until the Secretary 24 of Veterans Affairs or the Chief Information Officer of 25 the Department of Veterans Affairs submits to the Com- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 37 1 mittees on Appropriations of both Houses of Congress a 2 certification of the amounts, in parts or in full, to be obli3 gated and expended for each development project: Pro4 vided further, That amounts made available for salaries 5 and expenses, operations and maintenance, and informa6 tion technology systems development, modernization, and 7 enhancement may be transferred among the three sub8 accounts after the Secretary of Veterans Affairs requests 9 from the Committees on Appropriations of both Houses 10 of Congress the authority to make the transfer and an 11 approval is issued: Provided further, That amounts made 12 available for the ‘‘Information Technology Systems’’ ac13 count for development, modernization, and enhancement 14 may be transferred among projects or to newly defined 15 projects: Provided further, That no project may be in16 creased or decreased by more than $1,000,000 of cost 17 prior to submitting a request to the Committees on Appro18 priations of both Houses of Congress to make the transfer 19 and an approval is issued, or absent a response, a period 20 of 30 days has elapsed: Provided further, That funds under 21 this heading may be used by the Interagency Program Of22 fice through the Department of Veterans Affairs to define 23 data standards, code sets, and value sets used to enable 24 interoperability: Provided further, That of the funds made 25 available for information technology systems development, September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 38 1 modernization, and enhancement for VistA Evolution or 2 any successor program, not more than 25 percent may be 3 obligated or expended until the Secretary of Veterans Af4 fairs: 5 (1) submits to the Committees on Appropria- 6 tions of both Houses of Congress the VistA Evo- 7 lution Business Case and supporting documents re- 8 garding continuation of VistA Evolution or alter- 9 natives to VistA Evolution, including an analysis of 10 necessary or desired capabilities, technical and secu- 11 rity requirements, the plan for modernizing the plat- 12 form framework, and all associated costs; 13 (2) submits to the Committees on Appropria- 14 tions of both Houses of Congress, and such Commit- 15 tees approve, the following: a report that describes 16 a strategic plan for VistA Evolution, or any suc- 17 cessor program, and the associated implementation 18 plan including metrics and timelines; a master 19 schedule and lifecycle cost estimate for VistA Evo- 20 lution or any successor; and an implementation plan 21 for the transition from the Project Management Ac- 22 countability System to a new project delivery frame- 23 work, the Veteran-focused Integration Process, that 24 includes the methodology by which projects will be September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 39 1 tracked, progress measured, and deliverables evalu- 2 ated; 3 (3) submits to the Committees on Appropria- 4 tions of both Houses of Congress a report outlining 5 the strategic plan to reach interoperability with pri- 6 vate sector healthcare providers, the timeline for 7 reaching ‘‘meaningful use’’ as defined by the Office 8 of National Coordinator for Health Information 9 Technology for each data domain covered under the 10 VistA Evolution program, and the extent to which 11 the Department of Veterans Affairs leverages the 12 State Health Information Exchanges to share health 13 data with private sector providers; 14 (4) submits to the Committees on Appropria- 15 tions of both Houses of Congress, and such Commit- 16 tees approve, the following: a report that describes 17 the extent to which VistA Evolution, or any suc- 18 cessor program, maximizes the use of commercially 19 available software used by DoD and the private sec- 20 tor, requires an open architecture that leverages best 21 practices and rapidly adapts to technologies pro- 22 duced by the private sector, enhances full interoper- 23 ability between the VA and DoD and between VA 24 and the private sector, and ensures the security of September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 40 1 personally identifiable information of veterans and 2 beneficiaries; and 3 (5) certifies in writing to the Committees on 4 Appropriations of both Houses of Congress that the 5 Department of Veterans Affairs has met the require- 6 ments contained in the National Defense Authoriza- 7 tion Act of Fiscal Year 2014 (Public Law 113–66) 8 which require that electronic health record systems 9 of the Department of Defense and the Department 10 of Veterans Affairs have reached interoperability, 11 comply with national standards and architectural re- 12 quirements identified by the DoD/VA Interagency 13 Program Office in collaboration with the Office of 14 National Coordinator for Health Information Tech- 15 nology: 16 Provided further, That the funds made available under this 17 heading for information technology systems development, 18 modernization, and enhancement, shall be for the projects, 19 and in the amounts, specified under this heading in the 20 joint explanatory statement accompanying this Act. 21 22 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 23 General, to include information technology, in carrying out 24 the provisions of the Inspector General Act of 1978 (5 September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 41 1 U.S.C. App.), $160,106,000, of which not to exceed 10 2 percent shall remain available until September 30, 2018. 3 4 CONSTRUCTION, MAJOR PROJECTS For constructing, altering, extending, and improving 5 any of the facilities, including parking projects, under the 6 jurisdiction or for the use of the Department of Veterans 7 Affairs, or for any of the purposes set forth in sections 8 316, 2404, 2406 and chapter 81 of title 38, United States 9 Code, not otherwise provided for, including planning, ar10 chitectural and engineering services, construction manage11 ment services, maintenance or guarantee period services 12 costs associated with equipment guarantees provided 13 under the project, services of claims analysts, offsite utility 14 and storm drainage system construction costs, and site ac15 quisition, where the estimated cost of a project is more 16 than the amount set forth in section 8104(a)(3)(A) of title 17 38, United States Code, or where funds for a project were 18 made available in a previous major project appropriation, 19 $528,110,000, of which $478,110,000 shall remain avail20 able until September 30, 2021, and of which $50,000,000 21 shall remain available until expended: Provided, That ex22 cept for advance planning activities, including needs as23 sessments which may or may not lead to capital invest24 ments, and other capital asset management related activi25 ties, including portfolio development and management ac- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 42 1 tivities, and investment strategy studies funded through 2 the advance planning fund and the planning and design 3 activities funded through the design fund, including needs 4 assessments which may or may not lead to capital invest5 ments, and salaries and associated costs of the resident 6 engineers who oversee those capital investments funded 7 through this account and contracting officers who manage 8 specific major construction projects, and funds provided 9 for the purchase, security, and maintenance of land for 10 the National Cemetery Administration through the land 11 acquisition line item, none of the funds made available 12 under this heading shall be used for any project that has 13 not been notified to Congress through the budgetary proc14 ess or that has not been approved by the Congress through 15 statute, joint resolution, or in the explanatory statement 16 accompanying such Act and presented to the President at 17 the time of enrollment: Provided further, That funds made 18 available under this heading for fiscal year 2017, for each 19 approved project shall be obligated: (1) by the awarding 20 of a construction documents contract by September 30, 21 2017; and (2) by the awarding of a construction contract 22 by September 30, 2018: Provided further, That the Sec23 retary of Veterans Affairs shall promptly submit to the 24 Committees on Appropriations of both Houses of Congress 25 a written report on any approved major construction September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 43 1 project for which obligations are not incurred within the 2 time limitations established above: Provided further, That, 3 of the amount made available under this heading, 4 $222,620,000 for Veterans Health Administration major 5 construction projects shall not be available until the De6 partment of Veterans Affairs— 7 (1) enters into an agreement with an appro- 8 priate non-Department of Veterans Affairs Federal 9 entity to serve as the design and/or construction 10 agent for any Veterans Health Administration major 11 construction project with a Total Estimated Cost of 12 $100,000,000 or above by providing full project 13 management services, including management of the 14 project design, acquisition, construction, and con- 15 tract changes, consistent with section 502 of Public 16 Law 114–58; and 17 (2) certifies in writing that such an agreement 18 is executed and intended to minimize or prevent sub- 19 sequent major construction project cost overruns 20 and provides a copy of the agreement entered into 21 and any required supplementary information to the 22 Committees on Appropriations of both Houses of 23 Congress. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 44 1 2 CONSTRUCTION, MINOR PROJECTS For constructing, altering, extending, and improving 3 any of the facilities, including parking projects, under the 4 jurisdiction or for the use of the Department of Veterans 5 Affairs, including planning and assessments of needs 6 which may lead to capital investments, architectural and 7 engineering services, maintenance or guarantee period 8 services costs associated with equipment guarantees pro9 vided under the project, services of claims analysts, offsite 10 utility and storm drainage system construction costs, and 11 site acquisition, or for any of the purposes set forth in 12 sections 316, 2404, 2406 and chapter 81 of title 38, 13 United States Code, not otherwise provided for, where the 14 estimated cost of a project is equal to or less than the 15 amount set forth in section 8104(a)(3)(A) of title 38, 16 United States Code, $372,069,000, to remain available 17 until September 30, 2021, along with unobligated balances 18 of previous ‘‘Construction, Minor Projects’’ appropriations 19 which are hereby made available for any project where the 20 estimated cost is equal to or less than the amount set forth 21 in such section: Provided, That funds made available 22 under this heading shall be for: (1) repairs to any of the 23 nonmedical facilities under the jurisdiction or for the use 24 of the Department which are necessary because of loss or 25 damage caused by any natural disaster or catastrophe; September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 45 1 and (2) temporary measures necessary to prevent or to 2 minimize further loss by such causes. 3 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE 4 FACILITIES 5 For grants to assist States to acquire or construct 6 State nursing home and domiciliary facilities and to re7 model, modify, or alter existing hospital, nursing home, 8 and domiciliary facilities in State homes, for furnishing 9 care to veterans as authorized by sections 8131 through 10 8137 of title 38, United States Code, $90,000,000, to re11 main available until expended. 12 13 GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES For grants to assist States and tribal organizations 14 in establishing, expanding, or improving veterans ceme15 teries as authorized by section 2408 of title 38, United 16 States Code, $45,000,000, to remain available until ex17 pended. 18 ADMINISTRATIVE PROVISIONS 19 (INCLUDING TRANSFER OF FUNDS) 20 SEC. 201. Any appropriation for fiscal year 2017 for 21 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, 22 and ‘‘Veterans Insurance and Indemnities’’ may be trans23 ferred as necessary to any other of the mentioned appro24 priations: Provided, That, before a transfer may take 25 place, the Secretary of Veterans Affairs shall request from September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 46 1 the Committees on Appropriations of both Houses of Con2 gress the authority to make the transfer and such Com3 mittees issue an approval, or absent a response, a period 4 of 30 days has elapsed. 5 6 (INCLUDING TRANSFER OF FUNDS) SEC. 202. Amounts made available for the Depart- 7 ment of Veterans Affairs for fiscal year 2017, in this or 8 any other Act, under the ‘‘Medical Services’’, ‘‘Medical 9 Community Care’’, ‘‘Medical Support and Compliance’’, 10 and ‘‘Medical Facilities’’ accounts may be transferred 11 among the accounts: Provided, That any transfers among 12 the ‘‘Medical Services’’, ‘‘Medical Community Care’’, and 13 ‘‘Medical Support and Compliance’’ accounts of 1 percent 14 or less of the total amount appropriated to the account 15 in this or any other Act may take place subject to notifica16 tion from the Secretary of Veterans Affairs to the Com17 mittees on Appropriations of both Houses of Congress of 18 the amount and purpose of the transfer: Provided further, 19 That any transfers among the ‘‘Medical Services’’, ‘‘Med20 ical Community Care’’, and ‘‘Medical Support and Compli21 ance’’ accounts in excess of 1 percent, or exceeding the 22 cumulative 1 percent for the fiscal year, may take place 23 only after the Secretary requests from the Committees on 24 Appropriations of both Houses of Congress the authority 25 to make the transfer and an approval is issued: Provided September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 47 1 further, That any transfers to or from the ‘‘Medical Facili2 ties’’ account may take place only after the Secretary re3 quests from the Committees on Appropriations of both 4 Houses of Congress the authority to make the transfer 5 and an approval is issued. 6 SEC. 203. Appropriations available in this title for 7 salaries and expenses shall be available for services au8 thorized by section 3109 of title 5, United States Code; 9 hire of passenger motor vehicles; lease of a facility or land 10 or both; and uniforms or allowances therefore, as author11 ized by sections 5901 through 5902 of title 5, United 12 States Code. 13 SEC. 204. No appropriations in this title (except the 14 appropriations for ‘‘Construction, Major Projects’’, and 15 ‘‘Construction, Minor Projects’’) shall be available for the 16 purchase of any site for or toward the construction of any 17 new hospital or home. 18 SEC. 205. No appropriations in this title shall be 19 available for hospitalization or examination of any persons 20 (except beneficiaries entitled to such hospitalization or ex21 amination under the laws providing such benefits to vet22 erans, and persons receiving such treatment under sec23 tions 7901 through 7904 of title 5, United States Code, 24 or the Robert T. Stafford Disaster Relief and Emergency 25 Assistance Act (42 U.S.C. 5121 et seq.)), unless reim- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 48 1 bursement of the cost of such hospitalization or examina2 tion is made to the ‘‘Medical Services’’ account at such 3 rates as may be fixed by the Secretary of Veterans Affairs. 4 SEC. 206. Appropriations available in this title for 5 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, 6 and ‘‘Veterans Insurance and Indemnities’’ shall be avail7 able for payment of prior year accrued obligations re8 quired to be recorded by law against the corresponding 9 prior year accounts within the last quarter of fiscal year 10 2016. 11 SEC. 207. Appropriations available in this title shall 12 be available to pay prior year obligations of corresponding 13 prior year appropriations accounts resulting from sections 14 3328(a), 3334, and 3712(a) of title 31, United States 15 Code, except that if such obligations are from trust fund 16 accounts they shall be payable only from ‘‘Compensation 17 and Pensions’’. 18 19 (INCLUDING TRANSFER OF FUNDS) SEC. 208. Notwithstanding any other provision of 20 law, during fiscal year 2017, the Secretary of Veterans 21 Affairs shall, from the National Service Life Insurance 22 Fund under section 1920 of title 38, United States Code, 23 the Veterans’ Special Life Insurance Fund under section 24 1923 of title 38, United States Code, and the United 25 States Government Life Insurance Fund under section September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 49 1 1955 of title 38, United States Code, reimburse the ‘‘Gen2 eral Operating Expenses, Veterans Benefits Administra3 tion’’ and ‘‘Information Technology Systems’’ accounts for 4 the cost of administration of the insurance programs fi5 nanced through those accounts: Provided, That reimburse6 ment shall be made only from the surplus earnings accu7 mulated in such an insurance program during fiscal year 8 2017 that are available for dividends in that program after 9 claims have been paid and actuarially determined reserves 10 have been set aside: Provided further, That if the cost of 11 administration of such an insurance program exceeds the 12 amount of surplus earnings accumulated in that program, 13 reimbursement shall be made only to the extent of such 14 surplus earnings: Provided further, That the Secretary 15 shall determine the cost of administration for fiscal year 16 2017 which is properly allocable to the provision of each 17 such insurance program and to the provision of any total 18 disability income insurance included in that insurance pro19 gram. 20 SEC. 209. Amounts deducted from enhanced-use 21 lease proceeds to reimburse an account for expenses in22 curred by that account during a prior fiscal year for pro23 viding enhanced-use lease services, may be obligated dur24 ing the fiscal year in which the proceeds are received. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 50 1 2 (INCLUDING TRANSFER OF FUNDS) SEC. 210. Funds available in this title or funds for 3 salaries and other administrative expenses shall also be 4 available to reimburse the Office of Resolution Manage5 ment of the Department of Veterans Affairs and the Of6 fice of Employment Discrimination Complaint Adjudica7 tion under section 319 of title 38, United States Code, 8 for all services provided at rates which will recover actual 9 costs but not to exceed $47,668,000 for the Office of Reso10 lution Management and $3,932,000 for the Office of Em11 ployment Discrimination Complaint Adjudication: Pro12 vided, That payments may be made in advance for services 13 to be furnished based on estimated costs: Provided further, 14 That amounts received shall be credited to the ‘‘General 15 Administration’’ and ‘‘Information Technology Systems’’ 16 accounts for use by the office that provided the service. 17 SEC. 211. No funds of the Department of Veterans 18 Affairs shall be available for hospital care, nursing home 19 care, or medical services provided to any person under 20 chapter 17 of title 38, United States Code, for a non-serv21 ice-connected disability described in section 1729(a)(2) of 22 such title, unless that person has disclosed to the Sec23 retary of Veterans Affairs, in such form as the Secretary 24 may require, current, accurate third-party reimbursement 25 information for purposes of section 1729 of such title: Pro- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 51 1 vided, That the Secretary may recover, in the same man2 ner as any other debt due the United States, the reason3 able charges for such care or services from any person who 4 does not make such disclosure as required: Provided fur5 ther, That any amounts so recovered for care or services 6 provided in a prior fiscal year may be obligated by the 7 Secretary during the fiscal year in which amounts are re8 ceived. 9 10 (INCLUDING TRANSFER OF FUNDS) SEC. 212. Notwithstanding any other provision of 11 law, proceeds or revenues derived from enhanced-use leas12 ing activities (including disposal) may be deposited into 13 the ‘‘Construction, Major Projects’’ and ‘‘Construction, 14 Minor Projects’’ accounts and be used for construction 15 (including site acquisition and disposition), alterations, 16 and improvements of any medical facility under the juris17 diction or for the use of the Department of Veterans Af18 fairs. Such sums as realized are in addition to the amount 19 provided for in ‘‘Construction, Major Projects’’ and ‘‘Con20 struction, Minor Projects’’. 21 SEC. 213. Amounts made available under ‘‘Medical 22 Services’’ are available— 23 24 (1) for furnishing recreational facilities, supplies, and equipment; and September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 52 1 (2) for funeral expenses, burial expenses, and 2 other expenses incidental to funerals and burials for 3 beneficiaries receiving care in the Department. 4 5 (INCLUDING TRANSFER OF FUNDS) SEC. 214. Such sums as may be deposited to the 6 Medical Care Collections Fund pursuant to section 1729A 7 of title 38, United States Code, may be transferred to the 8 ‘‘Medical Services’’ and ‘‘Medical Community Care’’ ac9 counts to remain available until expended for the purposes 10 of these accounts. 11 SEC. 215. The Secretary of Veterans Affairs may 12 enter into agreements with Federally Qualified Health 13 Centers in the State of Alaska and Indian tribes and tribal 14 organizations which are party to the Alaska Native Health 15 Compact with the Indian Health Service, to provide 16 healthcare, including behavioral health and dental care, to 17 veterans in rural Alaska. The Secretary shall require par18 ticipating veterans and facilities to comply with all appro19 priate rules and regulations, as established by the Sec20 retary. The term ‘‘rural Alaska’’ shall mean those lands 21 which are not within the boundaries of the municipality 22 of Anchorage or the Fairbanks North Star Borough. 23 24 (INCLUDING TRANSFER OF FUNDS) SEC. 216. Such sums as may be deposited to the De- 25 partment of Veterans Affairs Capital Asset Fund pursu- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 53 1 ant to section 8118 of title 38, United States Code, may 2 be transferred to the ‘‘Construction, Major Projects’’ and 3 ‘‘Construction, Minor Projects’’ accounts, to remain avail4 able until expended for the purposes of these accounts. 5 6 (RESCISSION OF FUNDS) SEC. 217. Of the amounts appropriated in title II of 7 division J of Public Law 114–113 under the heading 8 ‘‘Medical Services’’ which become available on October 1, 9 2016, $7,246,181,000 are hereby rescinded. 10 SEC. 218. Not later than 30 days after the end of 11 each fiscal quarter, the Secretary of Veterans Affairs shall 12 submit to the Committees on Appropriations of both 13 Houses of Congress a report on the financial status of the 14 Department of Veterans Affairs for the preceding quarter: 15 Provided, That, at a minimum, the report shall include 16 the direction contained in the paragraph entitled ‘‘Quar17 terly reporting’’, under the heading ‘‘General Administra18 tion’’ in the joint explanatory statement accompanying 19 this Act. 20 21 (INCLUDING TRANSFER OF FUNDS) SEC. 219. Amounts made available under the ‘‘Med- 22 ical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Sup23 port and Compliance’’, ‘‘Medical Facilities’’, ‘‘General Op24 erating Expenses, Veterans Benefits Administration’’, 25 ‘‘General Administration’’, and ‘‘National Cemetery Ad- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 54 1 ministration’’ accounts for fiscal year 2017 may be trans2 ferred to or from the ‘‘Information Technology Systems’’ 3 account: Provided, That such transfers may not result in 4 a more than 10 percent aggregate increase in the total 5 amount made available by this Act for the ‘‘Information 6 Technology Systems’’ account: Provided further, That, be7 fore a transfer may take place, the Secretary of Veterans 8 Affairs shall request from the Committees on Appropria9 tions of both Houses of Congress the authority to make 10 the transfer and an approval is issued. 11 SEC. 220. None of the funds appropriated or other- 12 wise made available by this Act or any other Act for the 13 Department of Veterans Affairs may be used in a manner 14 that is inconsistent with: (1) section 842 of the Transpor15 tation, Treasury, Housing and Urban Development, the 16 Judiciary, the District of Columbia, and Independent 17 Agencies Appropriations Act, 2006 (Public Law 109–115; 18 119 Stat. 2506); or (2) section 8110(a)(5) of title 38, 19 United States Code. 20 21 (INCLUDING TRANSFER OF FUNDS) SEC. 221. Of the amounts appropriated to the De- 22 partment of Veterans Affairs for fiscal year 2017 for 23 ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical 24 Support and Compliance’’, ‘‘Medical Facilities’’, ‘‘Con25 struction, Minor Projects’’, and ‘‘Information Technology September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 55 1 Systems’’, up to $274,731,000, plus reimbursements, may 2 be transferred to the Joint Department of Defense-De3 partment of Veterans Affairs Medical Facility Demonstra4 tion Fund, established by section 1704 of the National De5 fense Authorization Act for Fiscal Year 2010 (Public Law 6 111–84; 123 Stat. 3571) and may be used for operation 7 of the facilities designated as combined Federal medical 8 facilities as described by section 706 of the Duncan 9 Hunter National Defense Authorization Act for Fiscal 10 Year 2009 (Public Law 110–417; 122 Stat. 4500): Pro11 vided, That additional funds may be transferred from ac12 counts designated in this section to the Joint Department 13 of Defense-Department of Veterans Affairs Medical Facil14 ity Demonstration Fund upon written notification by the 15 Secretary of Veterans Affairs to the Committees on Ap16 propriations of both Houses of Congress: Provided further, 17 That section 223 of title II of division J of Public Law 18 114–113 is repealed. 19 20 (INCLUDING TRANSFER OF FUNDS) SEC. 222. Of the amounts appropriated to the De- 21 partment of Veterans Affairs which become available on 22 October 1, 2017, for ‘‘Medical Services’’, ‘‘Medical Com23 munity Care’’, ‘‘Medical Support and Compliance’’, and 24 ‘‘Medical Facilities’’, up to $280,802,000, plus reimburse25 ments, may be transferred to the Joint Department of De- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 56 1 fense-Department of Veterans Affairs Medical Facility 2 Demonstration Fund, established by section 1704 of the 3 National Defense Authorization Act for Fiscal Year 2010 4 (Public Law 111–84; 123 Stat. 3571) and may be used 5 for operation of the facilities designated as combined Fed6 eral medical facilities as described by section 706 of the 7 Duncan Hunter National Defense Authorization Act for 8 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500): 9 Provided, That additional funds may be transferred from 10 accounts designated in this section to the Joint Depart11 ment of Defense-Department of Veterans Affairs Medical 12 Facility Demonstration Fund upon written notification by 13 the Secretary of Veterans Affairs to the Committees on 14 Appropriations of both Houses of Congress. 15 16 (INCLUDING TRANSFER OF FUNDS) SEC. 223. Such sums as may be deposited to the 17 Medical Care Collections Fund pursuant to section 1729A 18 of title 38, United States Code, for healthcare provided 19 at facilities designated as combined Federal medical facili20 ties as described by section 706 of the Duncan Hunter 21 National Defense Authorization Act for Fiscal Year 2009 22 (Public Law 110–417; 122 Stat. 4500) shall also be avail23 able: (1) for transfer to the Joint Department of Defense24 Department of Veterans Affairs Medical Facility Dem25 onstration Fund, established by section 1704 of the Na- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 57 1 tional Defense Authorization Act for Fiscal Year 2010 2 (Public Law 111–84; 123 Stat. 3571); and (2) for oper3 ations of the facilities designated as combined Federal 4 medical facilities as described by section 706 of the Dun5 can Hunter National Defense Authorization Act for Fiscal 6 Year 2009 (Public Law 110–417; 122 Stat. 4500). 7 8 (INCLUDING TRANSFER OF FUNDS) SEC. 224. Of the amounts available in this title for 9 ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical 10 Support and Compliance’’, and ‘‘Medical Facilities’’, a 11 minimum of $15,000,000 shall be transferred to the 12 DOD–VA Health Care Sharing Incentive Fund, as au13 thorized by section 8111(d) of title 38, United States 14 Code, to remain available until expended, for any purpose 15 authorized by section 8111 of title 38, United States Code. 16 SEC. 225. None of the funds available to the Depart- 17 ment of Veterans Affairs, in this or any other Act, may 18 be used to replace the current system by which the Vet19 erans Integrated Service Networks select and contract for 20 diabetes monitoring supplies and equipment. 21 SEC. 226. The Secretary of Veterans Affairs shall no- 22 tify the Committees on Appropriations of both Houses of 23 Congress of all bid savings in a major construction project 24 that total at least $5,000,000, or 5 percent of the pro25 grammed amount of the project, whichever is less: Pro- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 58 1 vided, That such notification shall occur within 14 days 2 of a contract identifying the programmed amount: Pro3 vided further, That the Secretary shall notify the Commit4 tees on Appropriations of both Houses of Congress 14 5 days prior to the obligation of such bid savings and shall 6 describe the anticipated use of such savings. 7 SEC. 227. None of the funds made available for 8 ‘‘Construction, Major Projects’’ may be used for a project 9 in excess of the scope specified for that project in the origi10 nal justification data provided to the Congress as part of 11 the request for appropriations unless the Secretary of Vet12 erans Affairs receives approval from the Committees on 13 Appropriations of both Houses of Congress. 14 SEC. 228. Not later than 30 days after the end of 15 each fiscal quarter, the Secretary of Veterans Affairs shall 16 submit to the Committees on Appropriations of both 17 Houses of Congress a quarterly report containing perform18 ance measures and data from each Veterans Benefits Ad19 ministration Regional Office: Provided, That, at a min20 imum, the report shall include the direction contained in 21 the section entitled ‘‘Disability claims backlog’’, under the 22 heading ‘‘General Operating Expenses, Veterans Benefits 23 Administration’’ in the joint explanatory statement accom24 panying this Act. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 59 1 SEC. 229. Of the funds provided to the Department 2 of Veterans Affairs for fiscal year 2017 for ‘‘Medical Sup3 port and Compliance’’ a maximum of $40,000,000 may 4 be obligated from the ‘‘Medical Support and Compliance’’ 5 account for the VistA Evolution and electronic health 6 record interoperability projects: Provided, That funds in 7 addition to these amounts may be obligated for the VistA 8 Evolution and electronic health record interoperability 9 projects upon written notification by the Secretary of Vet10 erans Affairs to the Committees on Appropriations of both 11 Houses of Congress. 12 SEC. 230. The Secretary of Veterans Affairs shall 13 provide written notification to the Committees on Appro14 priations of both Houses of Congress 15 days prior to or15 ganizational changes which result in the transfer of 25 or 16 more full-time equivalents from one organizational unit of 17 the Department of Veterans Affairs to another. 18 SEC. 231. The Secretary of Veterans Affairs shall 19 provide on a quarterly basis to the Committees on Appro20 priations of both Houses of Congress notification of any 21 single national outreach and awareness marketing cam22 paign in which obligations exceed $2,000,000. 23 24 (INCLUDING TRANSFER OF FUNDS) SEC. 232. The Secretary of Veterans Affairs, upon 25 determination that such action is necessary to address September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 60 1 needs of the Veterans Health Administration, may trans2 fer to the ‘‘Medical Services’’ account any discretionary 3 appropriations made available for fiscal year 2017 in this 4 title (except appropriations made to the ‘‘General Oper5 ating Expenses, Veterans Benefits Administration’’ ac6 count) or any discretionary unobligated balances within 7 the Department of Veterans Affairs, including those ap8 propriated for fiscal year 2017, that were provided in ad9 vance by appropriations Acts: Provided, That transfers 10 shall be made only with the approval of the Office of Man11 agement and Budget: Provided further, That the transfer 12 authority provided in this section is in addition to any 13 other transfer authority provided by law: Provided further, 14 That no amounts may be transferred from amounts that 15 were designated by Congress as an emergency requirement 16 pursuant to a concurrent resolution on the budget or the 17 Balanced Budget and Emergency Deficit Control Act of 18 1985: Provided further, That such authority to transfer 19 may not be used unless for higher priority items, based 20 on emergent healthcare requirements, than those for 21 which originally appropriated and in no case where the 22 item for which funds are requested has been denied by 23 Congress: Provided further, That, upon determination that 24 all or part of the funds transferred from an appropriation 25 are not necessary, such amounts may be transferred back September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 61 1 to that appropriation and shall be available for the same 2 purposes as originally appropriated: Provided further, 3 That before a transfer may take place, the Secretary of 4 Veterans Affairs shall request from the Committees on 5 Appropriations of both Houses of Congress the authority 6 to make the transfer and receive approval of that request. 7 8 (INCLUDING TRANSFER OF FUNDS) SEC. 233. Amounts made available for the Depart- 9 ment of Veterans Affairs for fiscal year 2017, under the 10 ‘‘Board of Veterans Appeals’’ and the ‘‘General Operating 11 Expenses, Veterans Benefits Administration’’ accounts 12 may be transferred between such accounts: Provided, That 13 before a transfer may take place, the Secretary of Vet14 erans Affairs shall request from the Committees on Appro15 priations of both Houses of Congress the authority to 16 make the transfer and receive approval of that request. 17 SEC. 234. The Secretary of Veterans Affairs may not 18 reprogram funds among major construction projects or 19 programs if such instance of reprogramming will exceed 20 $5,000,000, unless such reprogramming is approved by 21 the Committees on Appropriations of both Houses of Con22 gress. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 62 1 2 (RESCISSION OF FUNDS) SEC. 235. Of the unobligated balances available with- 3 in the ‘‘DOD–VA Health Care Sharing Incentive Fund’’, 4 $40,000,000 are hereby rescinded. 5 6 (RESCISSIONS OF FUNDS) SEC. 236. Of the discretionary funds made available 7 in Public Law 114–113 for the Department of Veterans 8 Affairs for fiscal year 2017, $134,000,000 are rescinded 9 from ‘‘Medical Services’’, $26,000,000 are rescinded from 10 ‘‘Medical Support and Compliance’’, and $9,000,000 are 11 rescinded from ‘‘Medical Facilities’’. 12 SEC. 237. The amounts otherwise made available by 13 this Act for the following accounts of the Department of 14 Veterans Affairs are hereby reduced by the following 15 amounts: 16 17 (1) ‘‘Veterans Health Administration—Medical and Prosthetic Research’’, $2,000,000. 18 19 (2) ‘‘Departmental Administration—Board of Veterans Appeals’’, $500,000. 20 (3) ‘‘Veterans Benefits Administration—Gen- 21 eral Operating Expenses, Veterans Benefits Admin- 22 istration’’, $12,000,000. 23 24 (4) ‘‘Departmental Administration—Information Technology Systems’’, $8,000,000. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 63 1 (5) ‘‘Departmental Administration—Office of 2 Inspector General’’, $500,000. 3 SEC. 238. The Secretary of Veterans Affairs shall en- 4 sure that the toll-free suicide hotline under section 5 1720F(h) of title 38, United States Code— 6 (1) provides to individuals who contact the hot- 7 line immediate assistance from a trained profes- 8 sional; and 9 (2) adheres to all requirements of the American 10 Association of Suicidology. 11 SEC. 239. (a) The Secretary of Veterans Affairs shall 12 treat a marriage and family therapist described in sub13 section (b) as qualified to serve as a marriage and family 14 therapist in the Department of Veterans Affairs, regard15 less of any requirements established by the Commission 16 on Accreditation for Marriage and Family Therapy Edu17 cation. 18 (b) A marriage and family therapist described in this 19 subsection is a therapist who meets each of the following 20 criteria: 21 (1) Has a masters or higher degree in marriage 22 and family therapy, or a related field, from a region- 23 ally accredited institution. 24 (2) Is licensed as a marriage and family thera- 25 pist in a State (as defined in section 101(20) of title September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 64 1 38, United States Code) and possesses the highest 2 level of licensure offered from the State. 3 (3) Has passed the Association of Marital and 4 Family Therapy Regulatory Board Examination in 5 Marital and Family Therapy or a related examina- 6 tion for licensure administered by a State (as so de- 7 fined). 8 SEC. 240. None of the funds in this or any other Act 9 may be used to close Department of Veterans Affairs (VA) 10 hospitals, domiciliaries, or clinics, conduct an environ11 mental assessment, or to diminish healthcare services at 12 existing Veterans Health Administration medical facilities 13 located in Veterans Integrated Service Network 23 as part 14 of a planned realignment of VA services until the Sec15 retary provides to the Committees on Appropriations of 16 both Houses of Congress a report including the following 17 elements: 18 (1) a national realignment strategy that in- 19 cludes a detailed description of realignment plans 20 within each Veterans Integrated Service Network 21 (VISN), including an updated Long Range Capital 22 Plan to implement realignment requirements; 23 (2) an explanation of the process by which 24 those plans were developed and coordinated within 25 each VISN; September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 65 1 (3) a cost vs. benefit analysis of each planned 2 realignment, including the cost of replacing Veterans 3 Health Administration services with contract care or 4 other outsourced services; 5 (4) an analysis of how any such planned re- 6 alignment of services will impact access to care for 7 veterans living in rural or highly rural areas, includ- 8 ing travel distances and transportation costs to ac- 9 cess a VA medical facility and availability of local 10 specialty and primary care; 11 (5) an inventory of VA buildings with historic 12 designation and the methodology used to determine 13 the buildings’ condition and utilization; 14 (6) a description of how any realignment will be 15 consistent with requirements under the National 16 Historic Preservation Act; and 17 (7) consideration given for reuse of historic 18 buildings within newly identified realignment re- 19 quirements: Provided, That, this provision shall not 20 apply to capital projects in VISN 23, or any other 21 VISN, which have been authorized or approved by 22 Congress. 23 SEC. 241. None of the funds appropriated in this or 24 prior appropriations Acts or otherwise made available to 25 the Department of Veterans Affairs may be used to trans- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 66 1 fer any amounts from the Filipino Veterans Equity Com2 pensation Fund to any other account within the Depart3 ment of Veterans Affairs. 4 SEC. 242. Paragraph (3) of section 403(a) of the Vet- 5 erans’ Mental Health and Other Care Improvements Act 6 of 2008 (Public Law 110–387; 38 U.S.C. 1703 note) is 7 amended to read as follows: 8 ‘‘(3) DURATION.—A veteran may receive health 9 services under this section during the period begin- 10 ning on the date specified in paragraph (2) and end- 11 ing on September 30, 2017.’’. 12 SEC. 243. (a) Section 1722A(a) of title 38, United 13 States Code, is amended by adding at the end the fol14 lowing new paragraph: 15 ‘‘(4) Paragraph (1) does not apply to opioid an- 16 tagonists furnished under this chapter to a veteran 17 who is at high risk for overdose of a specific medica- 18 tion or substance in order to reverse the effect of 19 such an overdose.’’. 20 (b) Section 1710(g)(3) of such title is amended— 21 (1) by striking ‘‘with respect to home health 22 services’’ and inserting ‘‘with respect to the fol- 23 lowing:’’ 24 September 22, 2016 (12:15 p.m.) ‘‘(A) Home health services’’; and U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 67 1 2 (2) by adding at the end the following new subparagraph: 3 ‘‘(B) Education on the use of opioid an- 4 tagonists to reverse the effects of overdoses of 5 specific medications or substances.’’. 6 SEC. 244. Section 312 of title 38, United States 7 Code, is amended in subsection (c)(1) by striking the 8 phrase ‘‘that makes a recommendation or otherwise sug9 gests corrective action,’’. 10 SEC. 245. Of the funds provided to the Department 11 of Veterans Affairs for each of fiscal year 2017 and fiscal 12 year 2018 for ‘‘Medical Services’’, funds may be used in 13 each year to carry out and expand the child care program 14 authorized by section 205 of Public Law 111–163, not15 withstanding subsection (e) of such section. 16 SEC. 246. Section 5701(l) of title 38, United States 17 Code, is amended by striking ‘‘may’’ and inserting ‘‘shall’’. 18 VA PATIENT PROTECTION ACT OF 2016 19 SEC. 247. (a) PROCEDURE 20 (1) IN GENERAL.—Chapter 7 of title 38, United AND ADMINISTRATION.— 21 States Code, is amended by adding at the end the fol22 lowing new subchapter: September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 68 1 ‘‘SUBCHAPTER II—WHISTLEBLOWER 2 COMPLAINTS 3 ‘‘§ 731. Whistleblower complaint defined 4 ‘‘In this subchapter, the term ‘whistleblower com- 5 plaint’ means a complaint by an employee of the Depart6 ment disclosing, or assisting another employee to disclose, 7 a potential violation of any law, rule, or regulation, or 8 gross mismanagement, gross waste of funds, abuse of au9 thority, or substantial and specific danger to public health 10 and safety. 11 ‘‘§ 732. Treatment of whistleblower complaints 12 ‘‘(a) FILING.—(1) In addition to any other method 13 established by law in which an employee may file a whistle14 blower complaint, an employee of the Department may file 15 a whistleblower complaint in accordance with subsection 16 (g) with a supervisor of the employee. 17 ‘‘(2) Except as provided by subsection (d)(1), in mak- 18 ing a whistleblower complaint under paragraph (1), an 19 employee shall file the initial complaint with the imme20 diate supervisor of the employee. 21 ‘‘(b) NOTIFICATION.—(1)(A) Not later than four 22 business days after the date on which a supervisor receives 23 a whistleblower complaint by an employee under this sec24 tion, the supervisor shall notify, in writing, the employee 25 of whether the supervisor determines that there is a rea- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 69 1 sonable likelihood that the complaint discloses a violation 2 of any law, rule, or regulation, or gross mismanagement, 3 gross waste of funds, abuse of authority, or substantial 4 and specific danger to public health and safety. 5 ‘‘(B) The supervisor shall retain written documenta- 6 tion regarding the whistleblower complaint and shall sub7 mit to the next-level supervisor and the central whistle8 blower office described in subsection (h) a written report 9 on the complaint. 10 ‘‘(2)(A) On a monthly basis, the supervisor shall sub- 11 mit to the appropriate director or other official who is su12 perior to the supervisor a written report that includes the 13 number of whistleblower complaints received by the super14 visor under this section during the month covered by the 15 report, the disposition of such complaints, and any actions 16 taken because of such complaints pursuant to subsection 17 (c). 18 ‘‘(B) In the case in which such a director or official 19 carries out this paragraph, the director or official shall 20 submit such monthly report to the supervisor of the direc21 tor or official and to the central whistleblower office de22 scribed in subsection (h). 23 ‘‘(c) POSITIVE DETERMINATION.—If a supervisor 24 makes a positive determination under subsection (b)(1) re25 garding a whistleblower complaint of an employee, the su- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 70 1 pervisor shall include in the notification to the employee 2 under such subsection the specific actions that the super3 visor will take to address the complaint. 4 5 ‘‘(d) FILING COMPLAINT WITH NEXT-LEVEL SUPERVISORS.—(1) If any circumstance described in paragraph 6 (3) is met, an employee may file a whistleblower complaint 7 in accordance with subsection (g) with the next-level su8 pervisor who shall treat such complaint in accordance with 9 this section. 10 ‘‘(2) An employee may file a whistleblower complaint 11 with the Secretary if the employee has filed the whistle12 blower complaint to each level of supervisors between the 13 employee and the Secretary in accordance with paragraph 14 (1). 15 ‘‘(3) A circumstance described in this paragraph is 16 any of the following circumstances: 17 ‘‘(A) A supervisor does not make a timely de- 18 termination under subsection (b)(1) regarding a 19 whistleblower complaint. 20 ‘‘(B) The employee who made a whistleblower 21 complaint determines that the supervisor did not 22 adequately address the complaint pursuant to sub- 23 section (c). 24 25 ‘‘(C) The immediate supervisor of the employee is the basis of the whistleblower complaint. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 71 1 2 ‘‘(e) TRANSFER TLEBLOWER OF EMPLOYEE WHO FILES WHIS- COMPLAINT.—If a supervisor makes a posi- 3 tive determination under subsection (b)(1) regarding a 4 whistleblower complaint filed by an employee, the Sec5 retary shall— 6 ‘‘(1) inform the employee of the ability to vol- 7 unteer for a transfer in accordance with section 8 3352 of title 5; and 9 ‘‘(2) give preference to the employee for such a 10 transfer in accordance with such section. 11 ‘‘(f) PROHIBITION ON EXEMPTION.—The Secretary 12 may not exempt any employee of the Department from 13 being covered by this section. 14 ‘‘(g) WHISTLEBLOWER COMPLAINT FORM.—(1) A 15 whistleblower complaint filed by an employee under sub16 section (a) or (d) shall consist of the form described in 17 paragraph (2) and any supporting materials or docu18 mentation the employee determines necessary. 19 ‘‘(2) The form described in this paragraph is a form 20 developed by the Secretary, in consultation with the Spe21 cial Counsel, that includes the following: 22 23 ‘‘(A) An explanation of the purpose of the whistleblower complaint form. 24 25 ‘‘(B) Instructions for filing a whistleblower complaint as described in this section. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 72 1 ‘‘(C) An explanation that filing a whistleblower 2 complaint under this section does not preclude the 3 employee from any other method established by law 4 in which an employee may file a whistleblower com- 5 plaint. 6 ‘‘(D) A statement directing the employee to in- 7 formation accessible on the Internet website of the 8 Department as described in section 735(d). 9 ‘‘(E) Fields for the employee to provide— 10 ‘‘(i) the date that the form is submitted; 11 ‘‘(ii) the name of the employee; 12 ‘‘(iii) the contact information of the em- 13 ployee; 14 ‘‘(iv) a summary of the whistleblower com- 15 plaint (including the option to append sup- 16 porting documents pursuant to paragraph (1)); 17 and 18 ‘‘(v) proposed solutions to the complaint. 19 ‘‘(F) Any other information or fields that the 20 Secretary determines appropriate. 21 ‘‘(3) The Secretary, in consultation with the Special 22 Counsel, shall develop the form described in paragraph (2) 23 by not later than 60 days after the date of the enactment 24 of this section. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 73 1 ‘‘(h) CENTRAL WHISTLEBLOWER OFFICE.—(1) The 2 Secretary shall ensure that the central whistleblower of3 fice— 4 5 ‘‘(A) is not an element of the Office of the General Counsel; 6 7 ‘‘(B) is not headed by an official who reports to the General Counsel; 8 ‘‘(C) does not provide, or receive from, the Gen- 9 eral Counsel any information regarding a whistle- 10 blower complaint except pursuant to an action re- 11 garding the complaint before an administrative body 12 or court; and 13 ‘‘(D) does not provide advice to the General 14 Counsel. 15 ‘‘(2) The central whistleblower office shall be respon- 16 sible for investigating all whistleblower complaints of the 17 Department, regardless of whether such complaints are 18 made by or against an employee who is not a member of 19 the Senior Executive Service. 20 ‘‘(3) The Secretary shall ensure that the central whis- 21 tleblower office maintains a toll-free hotline to anony22 mously receive whistleblower complaints. 23 ‘‘(4) The Secretary shall ensure that the central whis- 24 tleblower office has such staff and resources as the Sec- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 74 1 retary considers necessary to carry out the functions of 2 the central whistleblower office. 3 ‘‘(5) In this subsection, the term ‘central whistle- 4 blower office’ means the Office of Accountability Review 5 or a successor office that is established or designated by 6 the Secretary to investigate whistleblower complaints filed 7 under this section or any other method established by law. 8 ‘‘§ 733. Adverse actions against supervisory employ9 ees who commit prohibited personnel ac- 10 tions 11 plaints 12 relating to whistleblower com- ‘‘(a) IN GENERAL.—(1) In accordance with para- 13 graph (2), the Secretary shall carry out the following ad14 verse actions against supervisory employees (as defined in 15 section 7103(a) of title 5) whom the Secretary, an admin16 istrative judge, the Merit Systems Protection Board, the 17 Office of Special Counsel, an adjudicating body provided 18 under a union contract, a Federal judge, or the Inspector 19 General of the Department determines committed a pro20 hibited personnel action described in subsection (c): 21 ‘‘(A) With respect to the first offense, an ad- 22 verse action that is not less than a 12-day suspen- 23 sion and not more than removal. 24 25 ‘‘(B) With respect to the second offense, removal. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 75 1 ‘‘(2)(A) An employee against whom an adverse action 2 under paragraph (1) is proposed is entitled to written no3 tice. 4 ‘‘(B)(i) An employee who is notified under subpara- 5 graph (A) of being the subject of a proposed adverse ac6 tion under paragraph (1) is entitled to 14 days following 7 such notification to answer and furnish evidence in sup8 port of the answer. 9 ‘‘(ii) If the employee does not furnish any such evi- 10 dence as described in clause (i) or if the Secretary deter11 mines that such evidence is not sufficient to reverse the 12 determination to propose the adverse action, the Secretary 13 shall carry out the adverse action following such 14-day 14 period. 15 ‘‘(C) Paragraphs (1) and (2) of subsection (b) of sec- 16 tion 7513 of title 5, subsection (c) of such section, para17 graphs (1) and (2) of subsection (b) of section 7543 of 18 such title, and subsection (c) of such section shall not 19 apply with respect to an adverse action carried out under 20 paragraph (1). 21 ‘‘(b) LIMITATION ON OTHER ADVERSE ACTIONS.— 22 With respect to a prohibited personnel action described in 23 subsection (c), if the Secretary carries out an adverse ac24 tion against a supervisory employee, the Secretary may 25 carry out an additional adverse action under this section September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 76 1 based on the same prohibited personnel action if the total 2 severity of the adverse actions do not exceed the level spec3 ified in subsection (a). 4 ‘‘(c) 5 SCRIBED.—A PROHIBITED PERSONNEL ACTION DE- prohibited personnel action described in this 6 subsection is any of the following actions: 7 ‘‘(1) Taking or failing to take a personnel ac- 8 tion in violation of section 2302 of title 5 against an 9 employee relating to the employee— 10 11 ‘‘(A) filing a whistleblower complaint in accordance with section 732 of this title; 12 ‘‘(B) filing a whistleblower complaint with 13 the Inspector General of the Department, the 14 Special Counsel, or Congress; 15 ‘‘(C) providing information or participating 16 as a witness in an investigation of a whistle- 17 blower complaint in accordance with section 18 732 or with the Inspector General of the De- 19 partment, the Special Counsel, or Congress; 20 ‘‘(D) participating in an audit or investiga- 21 tion by the Comptroller General of the United 22 States; 23 24 September 22, 2016 (12:15 p.m.) ‘‘(E) refusing to perform an action that is unlawful or prohibited by the Department; or U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 77 1 ‘‘(F) engaging in communications that are 2 related to the duties of the position or are oth- 3 erwise protected. 4 ‘‘(2) Preventing or restricting an employee from 5 making an action described in any of subparagraphs 6 (A) through (F) of paragraph (1). 7 ‘‘(3) Conducting a negative peer review or open- 8 ing a retaliatory investigation because of an activity 9 of an employee that is protected by section 2302 of 10 title 5. 11 ‘‘(4) Requesting a contractor to carry out an 12 action that is prohibited by section 4705(b) or sec- 13 tion 4712(a)(1) of title 41, as the case may be. 14 ‘‘§ 734. Evaluation criteria of supervisors and treat15 16 ment of bonuses ‘‘(a) EVALUATION CRITERIA.—(1) In evaluating the 17 performance of supervisors of the Department, the Sec18 retary shall include the criteria described in paragraph 19 (2). 20 ‘‘(2) The criteria described in this subsection are the 21 following: 22 ‘‘(A) Whether the supervisor treats whistle- 23 blower complaints in accordance with section 732 of 24 this title. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 78 1 ‘‘(B) Whether the appropriate deciding official, 2 performance review board, or performance review 3 committee determines that the supervisor was found 4 to have committed a prohibited personnel action de- 5 scribed in section 733(b) of this title by an adminis- 6 trative judge, the Merit Systems Protection Board, 7 the Office of Special Counsel, an adjudicating body 8 provided under a union contract, a Federal judge, 9 or, in the case of a settlement of a whistleblower 10 complaint (regardless of whether any fault was as- 11 signed under such settlement), the Secretary. 12 ‘‘(b) BONUSES.—(1) The Secretary may not pay to 13 a supervisor described in subsection (a)(2)(B) an award 14 or bonus under this title or title 5, including under chapter 15 45 or 53 of such title, during the one-year period begin16 ning on the date on which the determination was made 17 under such subsection. 18 ‘‘(2) Notwithstanding any other provision of law, the 19 Secretary shall issue an order directing a supervisor de20 scribed in subsection (a)(2)(B) to repay the amount of any 21 award or bonus paid under this title or title 5, including 22 under chapter 45 or 53 of such title, if— 23 ‘‘(A) such award or bonus was paid for per- 24 formance during a period in which the supervisor September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 79 1 committed a prohibited personnel action as deter- 2 mined pursuant to such subsection (a)(2)(B); 3 ‘‘(B) the Secretary determines such repayment 4 appropriate pursuant to regulations prescribed by 5 the Secretary to carry out this section; and 6 ‘‘(C) the supervisor is afforded notice and an 7 opportunity for a hearing before making such repay- 8 ment. 9 ‘‘§ 735. Training regarding whistleblower complaints 10 ‘‘(a) TRAINING.—Not less frequently than once each 11 year, the Secretary, in coordination with the Whistleblower 12 Protection Ombudsman designated under section 13 3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. 14 App.), shall provide to each employee of the Department 15 training regarding whistleblower complaints, including— 16 ‘‘(1) an explanation of each method established 17 by law in which an employee may file a whistle- 18 blower complaint; 19 20 ‘‘(2) an explanation of prohibited personnel actions described by section 733(c) of this title; 21 ‘‘(3) with respect to supervisors, how to treat 22 whistleblower complaints in accordance with section 23 732 of this title; September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 80 1 ‘‘(4) the right of the employee to petition Con- 2 gress regarding a whistleblower complaint in accord- 3 ance with section 7211 of title 5; 4 ‘‘(5) an explanation that the employee may not 5 be prosecuted or reprised against for disclosing in- 6 formation to Congress, the Inspector General, or an- 7 other investigatory agency in instances where such 8 disclosure is permitted by law, including under sec- 9 tions 5701, 5705, and 7732 of this title, under sec- 10 tion 552a of title 5 (commonly referred to as the 11 Privacy Act), under chapter 93 of title 18, and pur- 12 suant to regulations promulgated under section 13 264(c) of the Health Insurance Portability and Ac- 14 countability Act of 1996 (Public Law 104–191); 15 ‘‘(6) an explanation of the language that is re- 16 quired to be included in all nondisclosure policies, 17 forms, 18 115(a)(1) of the Whistleblower Protection Enhance- 19 ment Act of 2012 (5 U.S.C. 2302 note); and and agreements pursuant to section 20 ‘‘(7) the right of contractors to be protected 21 from reprisal for the disclosure of certain informa- 22 tion under section 4705 or 4712 of title 41. 23 ‘‘(b) MANNER TRAINING IS PROVIDED.—The Sec- 24 retary shall ensure that training provided under sub25 section (a) is provided in person. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 81 1 ‘‘(c) CERTIFICATION.—Not less frequently than once 2 each year, the Secretary shall provide training on merit 3 system protection in a manner that the Special Counsel 4 certifies as being satisfactory. 5 ‘‘(d) PUBLICATION.—(1) The Secretary shall publish 6 on the Internet website of the Department, and display 7 prominently at each facility of the Department, the rights 8 of an employee to file a whistleblower complaint, including 9 the information described in paragraphs (1) through (7) 10 of subsection (a). 11 ‘‘(2) The Secretary shall publish on the Internet 12 website of the Department, the whistleblower complaint 13 form described in section 732(g)(2). 14 ‘‘§ 736. Reports to Congress 15 ‘‘(a) ANNUAL REPORTS.—Not less frequently than 16 once each year, the Secretary shall submit to the appro17 priate committees of Congress a report that includes— 18 ‘‘(1) with respect to whistleblower complaints 19 filed under section 732 of this title during the year 20 covered by the report— 21 ‘‘(A) the number of such complaints filed; 22 ‘‘(B) the disposition of such complaints; 23 and 24 ‘‘(C) the ways in which the Secretary ad- 25 dressed such complaints in which a positive de- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 82 1 termination was made by a supervisor under 2 subsection (b)(1) of such section; 3 ‘‘(2) the number of whistleblower complaints 4 filed during the year covered by the report that are 5 not included under paragraph (1), including— 6 ‘‘(A) the method in which such complaints 7 were filed; 8 ‘‘(B) the disposition of such complaints; 9 and 10 ‘‘(C) the ways in which the Secretary ad- 11 dressed such complaints; and 12 ‘‘(3) with respect to disclosures made by a con- 13 tractor under section 4705 or 4712 of title 41— 14 ‘‘(A) the number of complaints relating to 15 such disclosures that were investigated by the 16 Inspector General of the Department of Vet- 17 erans Affairs during the year covered by the re- 18 port; 19 ‘‘(B) the disposition of such complaints; 20 and 21 ‘‘(C) the ways in which the Secretary ad- 22 dressed such complaints. 23 ‘‘(b) NOTICE 24 TERMINATIONS.—Not OF OFFICE OF SPECIAL COUNSEL DE- later than 30 days after the date 25 on which the Secretary receives from the Special Counsel September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 83 1 information relating to a whistleblower complaint pursu2 ant to section 1213 of title 5, the Secretary shall notify 3 the appropriate committees of Congress of such informa4 tion, including the determination made by the Special 5 Counsel. 6 ‘‘(c) APPROPRIATE COMMITTEES OF CONGRESS.—In 7 this section, the term ‘appropriate committees of Con8 gress’ means— 9 ‘‘(1) the Committee on Veterans’ Affairs and 10 the Committee on Homeland Security and Govern- 11 mental Affairs of the Senate; and 12 ‘‘(2) the Committee on Veterans’ Affairs and 13 the Committee on Oversight and Government Re- 14 form of the House of Representatives.’’. 15 (2) CONFORMING AND CLERICAL AMENDMENTS.— 16 (A) CONFORMING AMENDMENT.—Such chapter 17 is further amended by inserting before section 701 18 the following: 19 ‘‘SUBCHAPTER I—GENERAL EMPLOYEE 20 MATTERS’’. 21 (B) CLERICAL AMENDMENTS.—The table of 22 sections at the beginning of such chapter is amend- 23 ed— 24 25 (i) by inserting before the item relating to section 701 the following new item: ‘‘SUBCHAPTER I—GENERAL September 22, 2016 (12:15 p.m.) EMPLOYEE MATTERS’’; U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 84 1 and 2 (ii) by adding at the end the following new 3 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.’’. 4 (b) TREATMENT 5 DEPARTMENT OF CONGRESSIONAL TESTIMONY BY VETERANS AFFAIRS EMPLOYEES AS OF 6 OFFICIAL DUTY.— 7 (1) IN GENERAL.—Subchapter I of chapter 7 of 8 title 38, United States Code, as designated by sec- 9 tion 2(a)(2)(A), is amended by adding at the end the 10 following new section: 11 ‘‘§ 715. Congressional testimony by employees: treat12 13 ment as official duty ‘‘(a) CONGRESSIONAL TESTIMONY.—An employee of 14 the Department is performing official duty during the pe15 riod with respect to which the employee is testifying in 16 an official capacity in front of either chamber of Congress, 17 a committee of either chamber of Congress, or a joint or 18 select committee of Congress. 19 ‘‘(b) TRAVEL EXPENSES.—The Secretary shall pro- 20 vide travel expenses, including per diem in lieu of subsist21 ence, in accordance with applicable provisions under sub- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 85 1 chapter I of chapter 57 of title 5, to any employee of the 2 Department of Veterans Affairs performing official duty 3 described under subsection (a).’’. 4 (2) CLERICAL AMENDMENT.—The table of sec- 5 tions at the beginning of such chapter, as amended 6 by section 2(a)(2)(B), is further amended by insert- 7 ing after the item relating to section 713 the fol- 8 lowing new item: ‘‘715. Congressional testimony by employees: treatment as official duty.’’. 9 SEC. 248. (a) IN GENERAL.—For the purposes of 10 verifying that an individual performed service under hon11 orable conditions that satisfies the requirements of a 12 coastwise merchant seaman who is recognized pursuant to 13 section 401 of the GI Bill Improvement Act of 1977 (Pub14 lic Law 95–202; 38 U.S.C. 106 note) as having performed 15 active duty service for the purposes described in subsection 16 (c)(1), the Secretary of Defense shall accept the following: 17 (1) In the case of an individual who served on 18 a coastwise merchant vessel seeking such recognition 19 for whom no applicable Coast Guard shipping or dis- 20 charge form, ship logbook, merchant mariner’s docu- 21 ment or Z-card, or other official employment record 22 is available, the Secretary of Defense shall provide 23 such recognition on the basis of applicable Social Se- 24 curity Administration records submitted for or by 25 the individual, together with validated testimony September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 86 1 given by the individual or the primary next of kin 2 of the individual that the individual performed such 3 service during the period beginning on December 7, 4 1941, and ending on December 31, 1946. 5 (2) In the case of an individual who served on 6 a coastwise merchant vessel seeking such recognition 7 for whom the applicable Coast Guard shipping or 8 discharge form, ship logbook, merchant mariner’s 9 document or Z-card, or other official employment 10 record has been destroyed or otherwise become un- 11 available by reason of any action committed by a 12 person responsible for the control and maintenance 13 of such form, logbook, or record, the Secretary of 14 Defense shall accept other official documentation 15 demonstrating that the individual performed such 16 service during period beginning on December 7, 17 1941, and ending on December 31, 1946. 18 (3) For the purpose of determining whether to 19 recognize service allegedly performed during the pe- 20 riod beginning on December 7, 1941, and ending on 21 December 31, 1946, the Secretary shall recognize 22 masters of seagoing vessels or other officers in com- 23 mand of similarly organized groups as agents of the 24 United States who were authorized to document any 25 individual for purposes of hiring the individual to September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 87 1 perform service in the merchant marine or dis- 2 charging an individual from such service. 3 (b) TREATMENT OF OTHER DOCUMENTATION.— 4 Other documentation accepted by the Secretary of Defense 5 pursuant to subsection (a)(2) shall satisfy all requirements 6 for eligibility of service during the period beginning on De7 cember 7, 1941, and ending on December 31, 1946. 8 (c) BENEFITS ALLOWED.— 9 (1) MEDALS, RIBBONS, AND DECORATIONS.— 10 An individual whose service is recognized as active 11 duty pursuant to subsection (a) may be awarded an 12 appropriate medal, ribbon, or other military decora- 13 tion based on such service. 14 (2) STATUS OF VETERAN.—An individual whose 15 service is recognized as active duty pursuant to sub- 16 section (a) shall be honored as a veteran but shall 17 not be entitled by reason of such recognized service 18 to any benefit that is not described in this sub- 19 section. 20 SEC. 249. Section 322(d)(1) of title 38, United 21 States Code, is amended— 22 23 (1) by striking ‘‘allowance to a veteran’’ and inserting the following: ‘‘allowance to— 24 September 22, 2016 (12:15 p.m.) ‘‘(A) a veteran’’; U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 88 1 (2) in subparagraph (A), as designated by para- 2 graph (1), by striking the period at the end and in- 3 serting ‘‘; and’’; and 4 5 (3) by adding at the end the following new subparagraph: 6 ‘‘(B) a veteran with a VA service-connected dis- 7 ability rated as 30 percent or greater by the Depart- 8 ment of Veterans Affairs who is selected by the 9 United States Olympic Committee for the United 10 States Olympic Team for any month in which the 11 veteran is competing in any event sanctioned by the 12 National Governing Bodies of the United States 13 Olympic Sports.’’. 14 SEC. 250. (a) IN GENERAL.—Section 111(b)(1) of 15 title 38, United States Code, is amended by adding at the 16 end the following new subparagraph: 17 ‘‘(G) A veteran with vision impairment, a vet- 18 eran with a spinal cord injury or disorder, or a vet- 19 eran with double or multiple amputations whose 20 travel is in connection with care provided through a 21 special disabilities rehabilitation program of the De- 22 partment (including programs provided by spinal 23 cord injury centers, blind rehabilitation centers, and 24 prosthetics rehabilitation centers) if such care is pro- 25 vided— September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 89 1 ‘‘(i) on an in-patient basis; or 2 ‘‘(ii) during a period in which the Sec- 3 retary provides the veteran with temporary 4 lodging at a facility of the Department to make 5 such care more accessible to the veteran.’’. 6 (b) REPORT.—Not later than 180 days after the date 7 of the enactment of this Act, the Secretary of Veterans 8 Affairs shall submit to the Committee on Veterans’ Affairs 9 of the Senate and the Committee on Veterans’ Affairs of 10 the House of Representatives a report on the beneficiary 11 travel program under section 111 of title 38, United 12 States Code, as amended by subsection (a), that includes 13 the following: 14 (1) The cost of the program. 15 (2) The number of veterans served by the pro- 16 gram. 17 (3) Such other matters as the Secretary con- 18 siders appropriate. 19 (c) EFFECTIVE DATE.—The amendment made by 20 subsection (a) shall take effect on the first day of the first 21 fiscal year that begins after the date of the enactment of 22 this Act. 23 SEC. 251. (a) IN GENERAL.—Not later than 90 days 24 after the date of the enactment of this Act, the Secretary 25 of Veterans Affairs shall establish a program to conduct September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 90 1 inspections of kitchens and food service areas at each med2 ical facility of the Department of Veterans Affairs. Such 3 inspections shall occur not less frequently than annually. 4 The program’s goal is to ensure that the same standards 5 for kitchens and food service areas at hospitals in the pri6 vate sector are being met at kitchens and food service 7 areas at medical facilities of the Department. 8 (b) AGREEMENT.— 9 (1) IN GENERAL.—The Secretary shall seek to 10 enter into an agreement with the Joint Commission 11 on Accreditation of Hospital Organizations under 12 which the Joint Commission on Accreditation of 13 Hospital Organizations conducts the inspections re- 14 quired under subsection (a). 15 (2) ALTERNATE ORGANIZATION.—If the Sec- 16 retary is unable to enter into an agreement de- 17 scribed in paragraph (1) with the Joint Commission 18 on Accreditation of Hospital Organizations on terms 19 acceptable to the Secretary, the Secretary shall seek 20 to enter into such an agreement with another appro- 21 priate organization that— 22 (A) is not part of the Federal Government; 23 (B) operates as a not-for-profit entity; and September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 91 1 (C) has expertise and objectivity com- 2 parable to that of the Joint Commission on Ac- 3 creditation of Hospital Organizations. 4 (c) REMEDIATION PLAN.— 5 (1) INITIAL FAILURE.—If a kitchen or food 6 service area of a medical facility of the Department 7 is determined pursuant to an inspection conducted 8 under subsection (a) not to meet the standards for 9 kitchens and food service areas in hospitals in the 10 private sector, that medical facility fails the inspec- 11 tion and the Secretary shall— 12 (A) implement a remediation plan for that 13 medical facility within 72 hours; and 14 (B) Conduct a second inspection under 15 subsection (a) at that medical facility within 14 16 days of the failed inspection. 17 (2) SECOND FAILURE.—If a medical facility of 18 the Department fails the second inspection con- 19 ducted under paragraph (1)(B), the Secretary shall 20 close the kitchen or food service area at that medical 21 facility that did not meet the standards for kitchens 22 and food service areas in hospitals in the private sec- 23 tor until full remediation is completed and all kitch- 24 ens and food service areas at that medical facility 25 meet such standards. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 92 1 (3) PROVISION OF FOOD.—If a kitchen or food 2 service area is closed at a medical facility of the De- 3 partment pursuant to paragraph (2), the Director of 4 the Veterans Integrated Service Network in which 5 the medical facility is located shall enter into a con- 6 tract with a vendor approved by the General Serv- 7 ices Administration to provide food at the medical 8 facility. 9 (d) QUARTERLY REPORTS.—Not less frequently than 10 quarterly, the Under Secretary of Health shall submit to 11 Congress a report on inspections conducted under this sec12 tion, and their detailed findings and actions taken, during 13 the preceding quarter at medical facilities of the Depart14 ment. 15 SEC. 252. (a) IN GENERAL.—Not later than 90 days 16 after the date of the enactment of this Act, the Secretary 17 of Veterans Affairs shall establish a program to conduct 18 risk-based inspections for mold and mold issues at each 19 medical facility of the Department of Veterans Affairs. 20 Such facilities will be rated high, medium, or low risk for 21 mold. Such inspections at facilities rated high risk shall 22 occur not less frequently than annually, and such inspec23 tions at facilities rated medium or low risk shall occur not 24 less frequently than biennially. 25 (b) AGREEMENT.— September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 93 1 (1) IN GENERAL.—The Secretary shall seek to 2 enter into an agreement with the Joint Commission 3 on Accreditation of Hospital Organizations under 4 which the Joint Commission on Accreditation of 5 Hospital Organizations conducts the inspections re- 6 quired under subsection (a). 7 (2) ALTERNATE ORGANIZATION.—If the Sec- 8 retary is unable to enter into an agreement de- 9 scribed in paragraph (1) with the Joint Commission 10 on Accreditation of Hospital Organizations on terms 11 acceptable to the Secretary, the Secretary shall seek 12 to enter into such an agreement with another appro- 13 priate organization that— 14 (A) is not part of the Federal Government; 15 (B) operates as a not-for-profit entity; and 16 (C) has expertise and objectivity com- 17 parable to that of the Joint Commission on Ac- 18 creditation of Hospital Organizations. 19 (c) REMEDIATION PLAN.—If a medical facility of the 20 Department is determined pursuant to an inspection con21 ducted under subsection (a) to have a mold issue, the Sec22 retary shall— 23 24 (1) implement a remediation plan for that medical facility within 7 days; and September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 94 1 (2) Conduct a second inspection under sub- 2 section (a) at that medical facility within 90 days of 3 the initial inspection. 4 (d) QUARTERLY REPORTS.—Not less frequently than 5 quarterly, the Under Secretary for Health shall submit to 6 Congress a report on inspections conducted under this sec7 tion, and their detailed findings and actions taken, during 8 the preceding quarter at medical facilities of the Depart9 ment. 10 SEC. 253. Section 1706(b)(5)(A) of title 38, United 11 States Code, is amended, in the first sentence, by striking 12 ‘‘through 2008’’. 13 SEC. 254. (a) The Secretary of Veterans Affairs may 14 use amounts appropriated or otherwise made available in 15 this title to ensure that the ratio of veterans to full-time 16 employment equivalents within any program of rehabilita17 tion conducted under chapter 31 of title 38, United States 18 Code, does not exceed 125 veterans to one full-time em19 ployment equivalent. 20 (b) Not later than 180 days after the date of the en- 21 actment of this Act, the Secretary shall submit to Con22 gress a report on the programs of rehabilitation conducted 23 under chapter 31 of title 38, United States Code, includ24 ing— September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 95 1 2 (1) an assessment of the veteran-to-staff ratio for each such program; and 3 (2) recommendations for such action as the 4 Secretary considers necessary to reduce the veteran- 5 to-staff ratio for each such program. 6 SEC. 255. (a) None of the funds made available in 7 this Act may be used to deny an Inspector General funded 8 under this Act timely access to any records, documents, 9 or other materials available to the department or agency 10 over which that Inspector General has responsibilities 11 under the Inspector General Act of 1978 (5 U.S.C. App.), 12 or to prevent or impede that Inspector General’s access 13 to such records, documents, or other materials, under any 14 provision of law, except a provision of law that expressly 15 refers to the Inspector General and expressly limits the 16 Inspector General’s right of access. 17 (b) A department or agency covered by this section 18 shall provide its Inspector General with access to all such 19 records, documents, and other materials in a timely man20 ner. 21 (c) Each Inspector General shall ensure compliance 22 with statutory limitations on disclosure relevant to the in23 formation provided by the establishment over which that 24 Inspector General has responsibilities under the Inspector 25 General Act of 1978 (5 U.S.C. App.). September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 96 1 (d) Each Inspector General covered by this section 2 shall report to the Committees on Appropriations of the 3 House of Representatives and the Senate within 5 cal4 endar days any failures to comply with this requirement. 5 SEC. 256. None of the funds appropriated or other- 6 wise made available in this title may be used by the Sec7 retary of Veterans Affairs to enter into an agreement re8 lated to resolving a dispute or claim with an individual 9 that would restrict in any way the individual from speak10 ing to members of Congress or their staff on any topic 11 not otherwise prohibited from disclosure by Federal law 12 or required by Executive Order to be kept secret in the 13 interest of national defense or the conduct of foreign af14 fairs. 15 SEC. 257. Appropriations made available in this Act 16 under the heading ‘‘Medical Services’’ shall be available 17 to carry out sections 322(d) and 521A of title 38, United 18 States Code, to include the payment of the administrative 19 expenses necessary to carry out such sections. Of the 20 amount appropriated for fiscal year 2017, up to 21 $2,000,000 shall be available for the payment of monthly 22 assistance allowances to veterans pursuant to 38 U.S.C. 23 322(d) and up to $8,000,000 shall be available for the 24 payment of grants pursuant to 38 U.S.C. 521A. Of the 25 amounts appropriated in advance for fiscal year 2018, up September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 97 1 to $2,000,000 shall be available for the payment of month2 ly assistance allowances to veterans pursuant to 38 U.S.C. 3 322(d) and up to $8,000,000 shall be available for the 4 payment of grants pursuant to 38 U.S.C. 521A. 5 SEC. 258. (a) In fiscal year 2017 and each fiscal year 6 hereafter, beginning with the fiscal year 2018 budget re7 quest submitted to Congress pursuant to section 1105(a) 8 of title 31, United States Code, the budget justification 9 documents submitted for the ‘‘Construction, Major 10 Projects’’ account of the Department of Veterans Affairs 11 shall include, at a minimum, the information required 12 under subsection (b). 13 (b) The budget justification documents submitted 14 pursuant to subsection (a) shall include, for each project— 15 (1) the estimated total cost of the project; 16 (2) the funding provided for each fiscal year 17 prior to the budget year; 18 (3) the amount requested for the budget year; 19 (4) the estimated funding required for the 20 project for each of the 4 fiscal years succeeding the 21 budget year; and 22 (5) such additional information as is enumer- 23 ated under the heading relating to the ‘‘Construc- 24 tion, Major Projects’’ account of the Department of September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 98 1 Veterans Affairs in the joint explanatory statement 2 accompanying this Act. 3 (c) Not later than 45 days after the date of enact- 4 ment of this Act, the Secretary of Veterans Affairs shall 5 submit to the Committees on Appropriations of both 6 Houses of Congress a proposed budget justification tem7 plate that complies with the requirements of this section. 8 SEC. 259. (a) The Secretary of Veterans Affairs may 9 carry out the following major medical facility projects, 10 with each project to be carried out in an amount not to 11 exceed the amount specified for that project: 12 (1) Seismic corrections to buildings, including 13 retrofitting and replacement of high-risk buildings, 14 in San Francisco, California, in an amount not to 15 exceed $180,480,000. 16 (2) Seismic corrections to facilities, including 17 facilities to support homeless veterans, at the med- 18 ical center in West Los Angeles, California, in an 19 amount not to exceed $105,500,000. 20 (3) Seismic corrections to the mental health 21 and community living center in Long Beach, Cali- 22 fornia, in an amount not to exceed $287,100,000. 23 (4) Construction of an outpatient clinic, admin- 24 istrative space, cemetery, and columbarium in Ala- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 99 1 meda, California, in an amount not to exceed 2 $87,332,000. 3 (5) Realignment of medical facilities in Liver- 4 more, California, in an amount not to exceed 5 $194,430,000. 6 (6) Construction of a medical center in Louis- 7 ville, Kentucky, in an amount not to exceed 8 $150,000,000. 9 (7) Construction of a replacement community 10 living center in Perry Point, Maryland, in an 11 amount not to exceed $92,700,000. 12 (8) Seismic corrections and other renovations to 13 several buildings and construction of a specialty care 14 building in American Lake, Washington, in an 15 amount not to exceed $16,260,000. 16 (b) There is authorized to be appropriated to the Sec- 17 retary of Veterans Affairs for fiscal year 2016 or the year 18 in which funds are appropriated for the Construction, 19 Major Projects, account, $1,113,802,000 for the projects 20 authorized in subsection (a). 21 (c) The projects authorized in subsection (a) may 22 only be carried out using— 23 (1) funds appropriated for fiscal year 2016 pur- 24 suant to the authorization of appropriations in sub- 25 section (b); September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 100 1 (2) funds available for Construction, Major 2 Projects, for a fiscal year before fiscal year 2016 3 that remain available for obligation; 4 (3) funds available for Construction, Major 5 Projects, for a fiscal year after fiscal year 2016 that 6 remain available for obligation; 7 (4) funds appropriated for Construction, Major 8 Projects, for fiscal year 2016 for a category of activ- 9 ity not specific to a project; 10 (5) funds appropriated for Construction, Major 11 Projects, for a fiscal year before fiscal year 2016 for 12 a category of activity not specific to a project; and 13 (6) funds appropriated for Construction, Major 14 Projects, for a fiscal year after fiscal year 2016 for 15 a category of activity not specific to a project. 16 SEC. 260. (a) Notwithstanding any other provision 17 of law, the amounts appropriated or otherwise made avail18 able to the Department of Veterans Affairs for the ‘‘Med19 ical Services’’ account may be used to provide— 20 (1) fertility counseling and treatment using as- 21 sisted reproductive technology to a covered veteran 22 or the spouse of a covered veteran; or 23 (2) adoption reimbursement to a covered vet- 24 eran. 25 (b) In this section: September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 101 1 (1) The term ‘‘service-connected’’ has the 2 meaning given such term in section 101 of title 38, 3 United States Code. 4 (2) The term ‘‘covered veteran’’ means a vet- 5 eran, as such term is defined in section 101 of title 6 38, United States Code, who has a service-connected 7 disability that results in the inability of the veteran 8 to procreate without the use of fertility treatment. 9 (3) The term ‘‘assisted reproductive tech- 10 nology’’ means benefits relating to reproductive as- 11 sistance provided to a member of the Armed Forces 12 who incurs a serious injury or illness on active duty 13 pursuant to section 1074(c)(4)(A) of title 10, United 14 States Code, as described in the memorandum on 15 the subject of ‘‘Policy for Assisted Reproductive 16 Services for the Benefit of Seriously or Severely Ill/ 17 Injured (Category II or III) Active Duty Service 18 Members’’ issued by the Assistant Secretary of De- 19 fense for Health Affairs on April 3, 2012, and the 20 guidance issued to implement such policy, including 21 any limitations on the amount of such benefits avail- 22 able to such a member. 23 (4) The term ‘‘adoption reimbursement’’ means 24 reimbursement for the adoption-related expenses for 25 an adoption that is finalized after the date of the en- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 102 1 actment of this Act under the same terms as apply 2 under the adoption reimbursement program of the 3 Department of Defense, as authorized in Depart- 4 ment of Defense Instruction 1341.09, including the 5 reimbursement limits and requirements set forth in 6 such instruction. 7 (c) Amounts made available for the purposes speci- 8 fied in subsection (a) of this section are subject to the 9 requirements for funds contained in section 508 of division 10 H of the Consolidated Appropriations Act, 2016 (Public 11 Law 114–113). September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 103 1 TITLE III 2 RELATED AGENCIES 3 AMERICAN BATTLE MONUMENTS COMMISSION 4 SALARIES AND EXPENSES 5 For necessary expenses, not otherwise provided for, 6 of the American Battle Monuments Commission, including 7 the acquisition of land or interest in land in foreign coun8 tries; purchases and repair of uniforms for caretakers of 9 national cemeteries and monuments outside of the United 10 States and its territories and possessions; rent of office 11 and garage space in foreign countries; purchase (one-for12 one replacement basis only) and hire of passenger motor 13 vehicles; not to exceed $7,500 for official reception and 14 representation expenses; and insurance of official motor 15 vehicles in foreign countries, when required by law of such 16 countries, $75,100,000, to remain available until ex17 pended. 18 19 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT For necessary expenses, not otherwise provided for, 20 of the American Battle Monuments Commission, such 21 sums as may be necessary, to remain available until ex22 pended, for purposes authorized by section 2109 of title 23 36, United States Code. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 104 1 UNITED STATES COURT OF APPEALS FOR 2 CLAIMS 3 SALARIES AND EXPENSES 4 VETERANS For necessary expenses for the operation of the 5 United States Court of Appeals for Veterans Claims as 6 authorized by sections 7251 through 7298 of title 38, 7 United States Code, $30,945,000: Provided, That 8 $2,500,000 shall be available for the purpose of providing 9 financial assistance as described, and in accordance with 10 the process and reporting procedures set forth, under this 11 heading in Public Law 102–229. 12 DEPARTMENT OF DEFENSE—CIVIL 13 CEMETERIAL EXPENSES, ARMY 14 SALARIES AND EXPENSES 15 For necessary expenses for maintenance, operation, 16 and improvement of Arlington National Cemetery and Sol17 diers’ and Airmen’s Home National Cemetery, including 18 the purchase or lease of passenger motor vehicles for re19 placement on a one-for-one basis only, and not to exceed 20 $1,000 for official reception and representation expenses, 21 $70,800,000, of which not to exceed $15,000,000 shall re22 main available until September 30, 2019. In addition, 23 such sums as may be necessary for parking maintenance, 24 repairs and replacement, to be derived from the ‘‘Lease September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 105 1 of Department of Defense Real Property for Defense 2 Agencies’’ account. 3 ARMED FORCES RETIREMENT HOME 4 TRUST FUND 5 For expenses necessary for the Armed Forces Retire- 6 ment Home to operate and maintain the Armed Forces 7 Retirement Home—Washington, District of Columbia, 8 and the Armed Forces Retirement Home—Gulfport, Mis9 sissippi, to be paid from funds available in the Armed 10 Forces Retirement Home Trust Fund, $64,300,000, of 11 which $1,000,000 shall remain available until expended 12 for construction and renovation of the physical plants at 13 the Armed Forces Retirement Home—Washington, Dis14 trict of Columbia, and the Armed Forces Retirement 15 Home—Gulfport, Mississippi: Provided, That of the 16 amounts made available under this heading from funds 17 available in the Armed Forces Retirement Home Trust 18 Fund, $22,000,000 shall be paid from the general fund 19 of the Treasury to the Trust Fund. 20 21 ADMINISTRATIVE PROVISIONS SEC. 301. Funds appropriated in this Act under the 22 heading ‘‘Department of Defense—Civil, Cemeterial Ex23 penses, Army’’, may be provided to Arlington County, Vir24 ginia, for the relocation of the federally owned water main September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 106 1 at Arlington National Cemetery, making additional land 2 available for ground burials. 3 SEC. 302. Amounts deposited into the special account 4 established under 10 U.S.C. 4727 are appropriated and 5 shall be available until expended to support activities at 6 the Army National Military Cemeteries. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 107 1 TITLE IV 2 OVERSEAS CONTINGENCY OPERATIONS 3 DEPARTMENT OF DEFENSE 4 MILITARY CONSTRUCTION, ARMY 5 For an additional amount for ‘‘Military Construction, 6 Army’’, $18,900,000, to remain available until September 7 30, 2021, for projects outside of the United States: Pro8 vided, That such amount is designated by the Congress 9 for Overseas Contingency Operations/Global War on Ter10 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 12 13 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS For an additional amount for ‘‘Military Construction, 14 Navy and Marine Corps’’, $59,809,000, to remain avail15 able until September 30, 2021, for projects outside of the 16 United States: Provided, That such amount is designated 17 by the Congress for Overseas Contingency Operations/ 18 Global War on Terrorism pursuant to section 19 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 20 Deficit Control Act of 1985. 21 22 MILITARY CONSTRUCTION, AIR FORCE For an additional amount for ‘‘Military Construction, 23 Air Force’’ $88,291,000, to remain available until Sep24 tember 30, 2021, for projects outside of the United States: 25 Provided, That such amount is designated by the Congress September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 108 1 for Overseas Contingency Operations/Global War on Ter2 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal3 anced Budget and Emergency Deficit Control Act of 1985. 4 5 MILITARY CONSTRUCTION, DEFENSE-WIDE For an additional amount for ‘‘Military Construction, 6 Defense-Wide’’, $5,000,000, to remain available until Sep7 tember 30, 2021, for projects outside of the United States: 8 Provided, That such amount is designated by the Congress 9 for Overseas Contingency Operations/Global War on Ter10 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 12 13 ADMINISTRATIVE PROVISION SEC. 401. Each amount designated in this Act by the 14 Congress for Overseas Contingency Operations/Global 15 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 16 the Balanced Budget and Emergency Deficit Control Act 17 of 1985 shall be available only if the President subse18 quently so designates all such amounts and transmits such 19 designations to the Congress. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 109 1 TITLE V 2 GENERAL PROVISIONS 3 SEC. 501. No part of any appropriation contained in 4 this Act shall remain available for obligation beyond the 5 current fiscal year unless expressly so provided herein. 6 SEC. 502. None of the funds made available in this 7 Act may be used for any program, project, or activity, 8 when it is made known to the Federal entity or official 9 to which the funds are made available that the program, 10 project, or activity is not in compliance with any Federal 11 law relating to risk assessment, the protection of private 12 property rights, or unfunded mandates. 13 SEC. 503. All departments and agencies funded under 14 this Act are encouraged, within the limits of the existing 15 statutory authorities and funding, to expand their use of 16 ‘‘E-Commerce’’ technologies and procedures in the con17 duct of their business practices and public service activi18 ties. 19 SEC. 504. Unless stated otherwise, all reports and no- 20 tifications required by this Act shall be submitted to the 21 Subcommittee on Military Construction and Veterans Af22 fairs, and Related Agencies of the Committee on Appro23 priations of the House of Representatives and the Sub24 committee on Military Construction and Veterans Affairs, September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 110 1 and Related Agencies of the Committee on Appropriations 2 of the Senate. 3 SEC. 505. None of the funds made available in this 4 Act may be transferred to any department, agency, or in5 strumentality of the United States Government except 6 pursuant to a transfer made by, or transfer authority pro7 vided in, this or any other appropriations Act. 8 SEC. 506. None of the funds made available in this 9 Act may be used for a project or program named for an 10 individual serving as a Member, Delegate, or Resident 11 Commissioner of the United States House of Representa12 tives. 13 SEC. 507. (a) Any agency receiving funds made avail- 14 able in this Act, shall, subject to subsections (b) and (c), 15 post on the public Web site of that agency any report re16 quired to be submitted by the Congress in this or any 17 other Act, upon the determination by the head of the agen18 cy that it shall serve the national interest. 19 (b) Subsection (a) shall not apply to a report if— 20 (1) the public posting of the report com- 21 promises national security; or 22 (2) the report contains confidential or propri- 23 etary information. 24 (c) The head of the agency posting such report shall 25 do so only after such report has been made available to September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 111 1 the requesting Committee or Committees of Congress for 2 no less than 45 days. 3 SEC. 508. (a) None of the funds made available in 4 this Act may be used to maintain or establish a computer 5 network unless such network blocks the viewing, 6 downloading, and exchanging of pornography. 7 (b) Nothing in subsection (a) shall limit the use of 8 funds necessary for any Federal, State, tribal, or local law 9 enforcement agency or any other entity carrying out crimi10 nal investigations, prosecution, or adjudication activities. 11 SEC. 509. None of the funds made available in this 12 Act may be used by an agency of the executive branch 13 to pay for first-class travel by an employee of the agency 14 in contravention of sections 301–10.122 through 301– 15 10.124 of title 41, Code of Federal Regulations. 16 SEC. 510. None of the funds made available in this 17 Act may be used to execute a contract for goods or serv18 ices, including construction services, where the contractor 19 has not complied with Executive Order No. 12989. 20 SEC. 511. None of the funds made available by this 21 Act may be used by the Department of Defense or the 22 Department of Veterans Affairs to lease or purchase new 23 light duty vehicles for any executive fleet, or for an agen24 cy’s fleet inventory, except in accordance with Presidential September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 112 1 Memorandum—Federal Fleet Performance, dated May 2 24, 2011. 3 SEC. 512. (a) IN GENERAL.—None of the funds ap- 4 propriated or otherwise made available to the Department 5 of Defense in this Act may be used to construct, renovate, 6 or expand any facility in the United States, its territories, 7 or possessions to house any individual detained at United 8 States Naval Station, Guanta´namo Bay, Cuba, for the 9 purposes of detention or imprisonment in the custody or 10 under the control of the Department of Defense. 11 (b) The prohibition in subsection (a) shall not apply 12 to any modification of facilities at United States Naval 13 Station, Guanta´namo Bay, Cuba. 14 (c) An individual described in this subsection is any 15 individual who, as of June 24, 2009, is located at United 16 States Naval Station, Guanta´namo Bay, Cuba, and who— 17 (1) is not a citizen of the United States or a 18 member of the Armed Forces of the United States; 19 and 20 21 22 (2) is— (A) in the custody or under the effective control of the Department of Defense; or 23 (B) otherwise under detention at United 24 States Naval Station, Guanta´namo Bay, Cuba. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 113 1 This division may be cited as the ‘‘Military Construc- 2 tion, Veterans Affairs, and Related Agencies Appropria3 tions Act, 2017’’. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 114 1 DIVISION B—ZIKA RESPONSE AND 2 PREPAREDNESS 3 TITLE I 4 DEPARTMENT OF HEALTH AND HUMAN 5 SERVICES 6 CENTERS 7 8 FOR DISEASE CONTROL AND PREVENTION CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT For an additional amount for fiscal year 2016 for 9 ‘‘CDC-Wide Activities and Program Support’’, 10 $394,000,000, to remain available until September 30, 11 2017, to prevent, prepare for, and respond to Zika virus, 12 health conditions related to such virus, and other vector13 borne diseases, domestically and internationally: Provided, 14 That products purchased with these funds may, at the dis15 cretion of the Secretary of Health and Human Services, 16 be deposited in the Strategic National Stockpile under sec17 tion 319F–2 of the Public Health Service (‘‘PHS’’) Act: 18 Provided further, That funds may be used for purchase 19 and insurance of official motor vehicles in foreign coun20 tries: Provided further, That the provisions in section 317S 21 of the PHS Act shall apply to the use of funds appro22 priated in this paragraph as determined by the Director 23 of the Centers for Disease Control and Prevention to be 24 appropriate: Provided further, That funds appropriated in 25 this paragraph may be used for grants for the construc- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 115 1 tion, alteration, or renovation of non-federally owned fa2 cilities to improve preparedness and response capability at 3 State and local laboratories: Provided further, That of the 4 amount appropriated in this paragraph, $44,000,000 is 5 included to supplement either fiscal year 2016 or fiscal 6 year 2017 funds for the Public Health Emergency Pre7 paredness cooperative agreement program to restore fiscal 8 year 2016 funds that were reprogrammed for Zika virus 9 response prior to the enactment of this Act: Provided fur10 ther, That such amount is designated by the Congress as 11 an emergency requirement pursuant to section 12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 13 Deficit Control Act of 1985. 14 NATIONAL INSTITUTES OF HEALTH 15 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS 16 DISEASES 17 (INCLUDING TRANSFER OF FUNDS) 18 For an additional amount for fiscal year 2016 for 19 ‘‘National Institute of Allergy and Infectious Diseases’’, 20 $152,000,000, to remain available until September 30, 21 2017, for research on the virology, natural history, and 22 pathogenesis of the Zika virus infection and preclinical 23 and clinical development of vaccines and other medical 24 countermeasures for the Zika virus and other vector-borne 25 diseases, domestically and internationally: Provided, That September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 116 1 such funds may be transferred by the Director of the Na2 tional Institutes of Health (‘‘NIH’’) to other accounts of 3 the NIH for the purposes provided in this paragraph: Pro4 vided further, That such amount is designated by the Con5 gress as an emergency requirement pursuant to section 6 251(b)(2)(A)(i) of the Balanced Budget and Emergency 7 Deficit Control Act of 1985. 8 9 OFFICE OF THE SECRETARY PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 10 FUND 11 (INCLUDING TRANSFER OF FUNDS) 12 For an additional amount for fiscal year 2016 for 13 ‘‘Public Health and Social Services Emergency Fund’’, 14 $387,000,000, to remain available until September 30, 15 2017, to prevent, prepare for, and respond to Zika virus, 16 health conditions related to such virus, and other vector17 borne diseases, domestically and internationally; to de18 velop necessary countermeasures and vaccines, including 19 the development and purchase of vaccines, therapeutics, 20 diagnostics, necessary medical supplies, and administra21 tive activities; for carrying out section 501 of the Social 22 Security Act; and for carrying out sections 330 through 23 336 and 338 of the PHS Act: Provided, That funds appro24 priated in this paragraph may be used to procure security 25 countermeasures (as defined in section 319F–2(c)(1)(B) September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 117 1 of the PHS Act): Provided further, That paragraphs (1) 2 and (7)(C) of subsection (c) of section 319F–2 of the PHS 3 Act, but no other provisions of such section, shall apply 4 to such security countermeasures procured with funds ap5 propriated in this paragraph: Provided further, That prod6 ucts purchased with funds appropriated in this paragraph 7 may, at the discretion of the Secretary of Health and 8 Human Services, be deposited in the Strategic National 9 Stockpile under section 319F–2 of the PHS Act: Provided 10 further, That funds appropriated in this paragraph may 11 be transferred to the fund authorized by section 319F– 12 4 of the PHS Act: Provided further, That of the funds 13 appropriated under this heading, $75,000,000, in addition 14 to the purposes specified above, shall also be available for 15 necessary expenses for support to States, territories, 16 tribes, or tribal organizations with active or local trans17 mission cases of the Zika virus, as confirmed by the Cen18 ters for Disease Control and Prevention, to reimburse the 19 costs of health care for health conditions related to the 20 Zika virus, other than costs that are covered by private 21 health insurance, of which not less than $60,000,000 shall 22 be for territories with the highest rates of Zika trans23 mission: Provided further, That of the funds appropriated 24 under this heading, $20,000,000 shall be awarded, not25 withstanding section 502 of the Social Security Act, for September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 118 1 projects of regional and national significance in Puerto 2 Rico and other territories authorized under section 501 3 of the Social Security Act: Provided further, That of the 4 funds appropriated under this heading, $40,000,000 shall 5 be used to expand the delivery of primary health services 6 authorized by section 330 of the PHS Act in Puerto Rico 7 and other territories: Provided further, That of the funds 8 appropriated under this heading, $6,000,000 shall, for 9 purposes of providing primary health services in areas af10 fected by Zika virus or other vector-borne diseases, be 11 used to assign National Health Service Corps (‘‘NHSC’’) 12 members to Puerto Rico and other territories, notwith13 standing the assignment priorities and limitations in or 14 under sections 333(a)(1)(D), 333(b), or 333A(a) of the 15 PHS Act, and to make NHSC Loan Repayment Program 16 awards under section 338B of such Act: Provided further, 17 That for purposes of the previous proviso, section 18 331(a)(3)(D) of the PHS Act shall be applied as if the 19 term ‘‘primary health services’’ included health services re20 garding pediatric subspecialists: Provided further, That 21 such amount is designated by the Congress as an emer22 gency requirement pursuant to section 251(b)(2)(A)(i) of 23 the Balanced Budget and Emergency Deficit Control Act 24 of 1985. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 119 1 GENERAL PROVISIONS—THIS TITLE 2 (INCLUDING TRANSFER OF FUNDS) 3 DIRECT HIRES 4 SEC. 101. Funds appropriated by this title may be 5 used by the heads of the Department of Health and 6 Human Services, Department of State, and the United 7 States Agency for International Development to appoint, 8 without regard to the provisions of sections 3309 through 9 3319 of title 5 of the United States Code, candidates need10 ed for positions to perform critical work relating to Zika 11 response for which— 12 (1) public notice has been given; and 13 (2) the Secretary of Health and Human Serv- 14 ices has determined that such a public health threat 15 exists. 16 17 TRANSFER AUTHORITIES SEC. 102. Funds appropriated by this title may be 18 transferred to, and merged with, other appropriation ac19 counts under the headings ‘‘Centers for Disease Control 20 and Prevention’’, ‘‘Public Health and Social Services 21 Emergency Fund’’, and ‘‘National Institutes of Health’’ 22 for the purposes specified in this title following consulta23 tion with the Office of Management and Budget: Provided, 24 That the Committees on Appropriations shall be notified 25 10 days in advance of any such transfer: Provided further, September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 120 1 That, upon a determination that all or part of the funds 2 transferred from an appropriation are not necessary, such 3 amounts may be transferred back to that appropriation: 4 Provided further, That none of the funds made available 5 by this title may be transferred pursuant to the authority 6 in section 205 of division H of Public Law 114–113 or 7 section 241(a) of the PHS Act. 8 9 REPORTING REQUIREMENTS SEC. 103. Not later than 30 days after enactment 10 of this Act, the Secretary of Health and Human Services 11 shall provide a detailed spend plan of anticipated uses of 12 funds made available in this title, including estimated per13 sonnel and administrative costs, to the Committees on Ap14 propriations: Provided, That such plans shall be updated 15 and submitted to the Committees on Appropriations every 16 60 days until September 30, 2017. 17 18 OVERSIGHT SEC. 104. Of the funds appropriated by this title 19 under the heading ‘‘Public Health and Social Services 20 Emergency Fund’’, up to— 21 (1) $500,000 shall be transferred to, and 22 merged with, funds made available under the head- 23 ing ‘‘Office of the Secretary, Office of Inspector 24 General’’, and shall remain available until expended, 25 for oversight of activities supported with funds ap- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 121 1 propriated by this title: Provided, That the Secretary 2 of Health and Human Services shall consult with the 3 Committees on Appropriations prior to obligating 4 such funds: Provided further, That the transfer au- 5 thority provided by this paragraph is in addition to 6 any other transfer authority provided by law; and 7 (2) $500,000 shall be made available to the 8 Comptroller General of the United States, and shall 9 remain available until expended, for oversight of ac- 10 tivities supported with funds appropriated by this 11 title: Provided, That the Comptroller General shall 12 consult with the Committees on Appropriations prior 13 to obligating such funds. 14 TITLE II 15 DEPARTMENT OF STATE 16 ADMINISTRATION 17 DIPLOMATIC AND CONSULAR PROGRAMS 18 (INCLUDING TRANSFER OF FUNDS) 19 OF FOREIGN AFFAIRS For an additional amount for fiscal year 2016 for 20 ‘‘Diplomatic and Consular Programs’’, $14,594,000, to re21 main available until September 30, 2017, for necessary ex22 penses to support response efforts related to the Zika 23 virus, health conditions related to such virus, and other 24 vector-borne diseases: Provided, That such funds may be 25 made available for medical evacuation costs of any other September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 122 1 department or agency of the United States under Chief 2 of Mission authority, and may be transferred to any other 3 appropriation of such department or agency for such 4 costs: Provided further, That such amount is designated 5 by the Congress as an emergency requirement pursuant 6 to section 251(b)(2)(A)(i) of the Balanced Budget and 7 Emergency Deficit Control Act of 1985. 8 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR 9 SERVICE 10 For an additional amount for fiscal year 2016 for 11 ‘‘Emergencies in the Diplomatic and Consular Service’’, 12 $4,000,000 for necessary expenses to support response ef13 forts related to the Zika virus, health conditions related 14 to such virus, and other vector-borne diseases, to remain 15 available until September 30, 2017: Provided, That such 16 amount is designated by the Congress as an emergency 17 requirement pursuant to section 251(b)(2)(A)(i) of the 18 Balanced Budget and Emergency Deficit Control Act of 19 1985. 20 21 REPATRIATION LOANS PROGRAM ACCOUNT For an additional amount for fiscal year 2016 for 22 ‘‘Repatriation Loans Program Account’’ for the cost of di23 rect loans, $1,000,000, to support response efforts related 24 to the Zika virus, health conditions related to such virus, 25 and other vector-borne diseases, to remain available until September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 123 1 September 30, 2017: Provided, That such costs, including 2 costs of modifying such loans, shall be as defined in sec3 tion 502 of the Congressional Budget Act of 1974: Pro4 vided further, That such funds are available to subsidize 5 an additional amount of gross obligations for the principal 6 amount of direct loans not to exceed $1,880,406: Provided 7 further, That such amount is designated by the Congress 8 as an emergency requirement pursuant to section 9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 UNITED STATES AGENCY FOR INTERNATIONAL 12 DEVELOPMENT 13 FUNDS APPROPRIATED 14 15 TO THE PRESIDENT OPERATING EXPENSES For an additional amount for fiscal year 2016 for 16 ‘‘Operating Expenses’’, $10,000,000, to remain available 17 until September 30, 2017, for necessary expenses to sup18 port response efforts related to the Zika virus, health con19 ditions related to such virus, and other vector-borne dis20 eases: Provided, That such amount is designated by the 21 Congress as an emergency requirement pursuant to sec22 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer23 gency Deficit Control Act of 1985. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 124 1 BILATERAL ECONOMIC ASSISTANCE 2 FUNDS APPROPRIATED 3 4 TO THE PRESIDENT GLOBAL HEALTH PROGRAMS For an additional amount for fiscal year 2016 for 5 ‘‘Global Health Programs’’, $145,500,000, to remain 6 available until September 30, 2017, for necessary expenses 7 to prevent, prepare for, and respond to the Zika virus, 8 health conditions related to such virus, and other vector9 borne diseases: Provided, That funds appropriated under 10 this heading shall be made available for vector control ac11 tivities, vaccines, diagnostics, and vector control tech12 nologies: Provided further, That funds appropriated under 13 this heading may be made available as contributions to 14 the World Health Organization, the United Nations Chil15 dren’s Fund, the Pan American Health Organization, the 16 International Atomic Energy Agency, and the Food and 17 Agriculture Organization: Provided further, That funds 18 made available under this heading shall be subject to prior 19 consultation with the Committees on Appropriations: Pro20 vided further, That none of the funds appropriated under 21 this heading may be made available for the Grand Chal22 lenges for Development program: Provided further, That 23 such amount is designated by the Congress as an emer24 gency requirement pursuant to section 251(b)(2)(A)(i) of September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 125 1 the Balanced Budget and Emergency Deficit Control Act 2 of 1985. 3 GENERAL PROVISIONS—THIS TITLE 4 TRANSFER AUTHORITIES 5 (INCLUDING TRANSFER OF FUNDS) 6 SEC. 201. (a) Funds appropriated by this title under 7 the headings ‘‘Diplomatic and Consular Programs’’, 8 ‘‘Emergencies in the Diplomatic and Consular Service’’, 9 ‘‘Repatriation Loans Program Account’’, and ‘‘Operating 10 Expenses’’ may be transferred to, and merged with, funds 11 appropriated by this title under such headings to carry 12 out the purposes of this title. 13 (b) The transfer authorities provided by this section 14 are in addition to any other transfer authority provided 15 by law. 16 (c) Upon a determination that all or part of the funds 17 transferred pursuant to the authorities provided by this 18 section are not necessary for such purposes, such amounts 19 may be transferred back to such appropriations. 20 (d) No funds shall be transferred pursuant to this 21 section unless at least 5 days prior to making such trans22 fer the Secretary of State or the Administrator of the 23 United States Agency for International Development, as 24 appropriate, notifies the Committees on Appropriations in 25 writing of the details of any such transfer. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 126 1 2 NOTIFICATION REQUIREMENT SEC. 202. Funds appropriated by this title shall only 3 be available for obligation if the Secretary of State or the 4 Administrator of the United States Agency for Inter5 national Development, as appropriate, notifies the Com6 mittees on Appropriations in writing at least 15 days in 7 advance of such obligation. 8 9 CONSOLIDATED REPORTING REQUIREMENT SEC. 203. Not later than 30 days after enactment 10 of this Act and prior to the initial obligation of funds made 11 available by this title, the Secretary of State and the Ad12 ministrator of the United States Agency for International 13 Development shall submit a consolidated report to the 14 Committees on Appropriations on the anticipated uses of 15 such funds on a country and project basis, including esti16 mated personnel and administrative costs: Provided, That 17 such report shall be updated and submitted to the Com18 mittees on Appropriations every 60 days until September 19 30, 2017. 20 21 OVERSIGHT SEC. 204. Of the funds appropriated by this title, up 22 to— 23 (1) $500,000 shall be transferred to, and 24 merged with, funds available under the heading 25 ‘‘United States Agency for International Develop- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 127 1 ment, Funds Appropriated to the President, Office 2 of Inspector General’’, and shall remain available 3 until expended, for oversight of activities supported 4 with funds appropriated by this title: Provided, That 5 the transfer authority provided by this paragraph is 6 in addition to any other transfer authority provided 7 by law; and 8 (2) $500,000 shall be made available to the 9 Comptroller General of the United States, and shall 10 remain available until expended, for oversight of ac- 11 tivities supported with funds appropriated by this 12 title: Provided, That the Secretary of State and the 13 Comptroller General, as appropriate, shall consult 14 with the Committees on Appropriations prior to obli- 15 gating such funds. 16 TITLE III 17 GENERAL PROVISIONS—THIS DIVISION 18 EXTENSION OF AUTHORITIES AND PROVISIONS 19 SEC. 301. Unless otherwise provided for by this divi- 20 sion, the additional amounts appropriated pursuant to this 21 division are subject to the requirements for funds con22 tained in the Consolidated Appropriations Act, 2016 (Pub23 lic Law 114–113). September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 128 1 2 PERSONAL SERVICE CONTRACTORS SEC. 302. Funds made available by this division may 3 be used to enter into contracts with individuals for the 4 provision of personal services (as described in section 104 5 of part 37 of title 48, Code of Federal Regulations (48 6 CFR 37.104)) to support the purposes of titles I and II 7 of this division, within the United States and abroad, sub8 ject to prior consultation with, and the notification proce9 dures of, the Committees on Appropriations: Provided, 10 That such individuals may not be deemed employees of 11 the United States for the purpose of any law administered 12 by the Office of Personnel Management: Provided further, 13 That the authority made available pursuant to this section 14 shall expire on September 30, 2017. 15 16 DESIGNATION RETENTION SEC. 303. Any amount appropriated by this division, 17 designated by the Congress as an emergency requirement 18 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg19 et and Emergency Deficit Control Act of 1985 and subse20 quently so designated by the President, and transferred 21 pursuant to transfer authorities provided by this division 22 shall retain such designation. 23 24 EFFECTIVE DATE SEC. 304. This division shall become effective imme- 25 diately upon enactment of this Act. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 129 1 This division may be cited as the ‘‘Zika Response and 2 Preparedness Appropriations Act, 2016’’. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 130 1 DIVISION C—CONTINUING 2 APPROPRIATIONS ACT, 2017 3 The following sums are hereby appropriated, out of 4 any money in the Treasury not otherwise appropriated, 5 and out of applicable corporate or other revenues, receipts, 6 and funds, for the several departments, agencies, corpora7 tions, and other organizational units of Government for 8 fiscal year 2017, and for other purposes, namely: 9 SEC. 101. (a) Such amounts as may be necessary, 10 at a rate for operations as provided in the applicable ap11 propriations Acts for fiscal year 2016 and under the au12 thority and conditions provided in such Acts, for con13 tinuing projects or activities (including the costs of direct 14 loans and loan guarantees) that are not otherwise specifi15 cally provided for in this Act, that were conducted in fiscal 16 year 2016, and for which appropriations, funds, or other 17 authority were made available in the following appropria18 tions Acts: 19 (1) The Agriculture, Rural Development, Food 20 and Drug Administration, and Related Agencies Ap- 21 propriations Act, 2016 (division A of Public Law 22 114–113), except section 728. 23 (2) The Commerce, Justice, Science, and Re- 24 lated Agencies Appropriations Act, 2016 (division B 25 of Public Law 114–113). September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 131 1 2 (3) The Department of Defense Appropriations Act, 2016 (division C of Public Law 114–113). 3 (4) The Energy and Water Development and 4 Related Agencies Appropriations Act, 2016 (division 5 D of Public Law 114–113). 6 (5) The Financial Services and General Govern- 7 ment Appropriations Act, 2016 (division E of Public 8 Law 114–113), which for purposes of this Act shall 9 be treated as including section 707 of division O of 10 Public Law 114–113. 11 (6) The Department of Homeland Security Ap- 12 propriations Act, 2016 (division F of Public Law 13 114–113). 14 (7) The Department of the Interior, Environ- 15 ment, and Related Agencies Appropriations Act, 16 2016 (division G of Public Law 114–113). 17 (8) The Departments of Labor, Health and 18 Human Services, and Education, and Related Agen- 19 cies Appropriations Act, 2016 (division H of Public 20 Law 114–113). 21 22 (9) The Legislative Branch Appropriations Act, 2016 (division I of Public Law 114–113). 23 (10) The Department of State, Foreign Oper- 24 ations, and Related Programs Appropriations Act, September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 132 1 2016 (division K of Public Law 114–113), except 2 title IX. 3 (11) The Transportation, Housing and Urban 4 Development, and Related Agencies Appropriations 5 Act, 2016 (division L of Public Law 114–113), ex- 6 cept section 420. 7 (b) The rate for operations provided by subsection (a) 8 is hereby reduced by 0.496 percent. 9 SEC. 102. (a) No appropriation or funds made avail- 10 able or authority granted pursuant to section 101 for the 11 Department of Defense shall be used for: (1) the new pro12 duction of items not funded for production in fiscal year 13 2016 or prior years; (2) the increase in production rates 14 above those sustained with fiscal year 2016 funds; or (3) 15 the initiation, resumption, or continuation of any project, 16 activity, operation, or organization (defined as any project, 17 subproject, activity, budget activity, program element, and 18 subprogram within a program element, and for any invest19 ment items defined as a P–1 line item in a budget activity 20 within an appropriation account and an R–1 line item that 21 includes a program element and subprogram element with22 in an appropriation account) for which appropriations, 23 funds, or other authority were not available during fiscal 24 year 2016. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 133 1 (b) No appropriation or funds made available or au- 2 thority granted pursuant to section 101 for the Depart3 ment of Defense shall be used to initiate multi-year pro4 curements utilizing advance procurement funding for eco5 nomic order quantity procurement unless specifically ap6 propriated later. 7 SEC. 103. Appropriations made by section 101 shall 8 be available to the extent and in the manner that would 9 be provided by the pertinent appropriations Act. 10 SEC. 104. Except as otherwise provided in section 11 102, no appropriation or funds made available or author12 ity granted pursuant to section 101 shall be used to ini13 tiate or resume any project or activity for which appro14 priations, funds, or other authority were not available dur15 ing fiscal year 2016. 16 SEC. 105. Appropriations made and authority grant- 17 ed pursuant to this Act shall cover all obligations or ex18 penditures incurred for any project or activity during the 19 period for which funds or authority for such project or 20 activity are available under this Act. 21 SEC. 106. Unless otherwise provided for in this Act 22 or in the applicable appropriations Act for fiscal year 23 2017, appropriations and funds made available and au24 thority granted pursuant to this Act shall be available 25 until whichever of the following first occurs: (1) the enact- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 134 1 ment into law of an appropriation for any project or activ2 ity provided for in this Act; (2) the enactment into law 3 of the applicable appropriations Act for fiscal year 2017 4 without any provision for such project or activity; or (3) 5 December 9, 2016. 6 SEC. 107. Expenditures made pursuant to this Act 7 shall be charged to the applicable appropriation, fund, or 8 authorization whenever a bill in which such applicable ap9 propriation, fund, or authorization is contained is enacted 10 into law. 11 SEC. 108. Appropriations made and funds made 12 available by or authority granted pursuant to this Act may 13 be used without regard to the time limitations for submis14 sion and approval of apportionments set forth in section 15 1513 of title 31, United States Code, but nothing in this 16 Act may be construed to waive any other provision of law 17 governing the apportionment of funds. 18 SEC. 109. Notwithstanding any other provision of 19 this Act, except section 106, for those programs that 20 would otherwise have high initial rates of operation or 21 complete distribution of appropriations at the beginning 22 of fiscal year 2017 because of distributions of funding to 23 States, foreign countries, grantees, or others, such high 24 initial rates of operation or complete distribution shall not 25 be made, and no grants shall be awarded for such pro- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 135 1 grams funded by this Act that would impinge on final 2 funding prerogatives. 3 SEC. 110. This Act shall be implemented so that only 4 the most limited funding action of that permitted in the 5 Act shall be taken in order to provide for continuation of 6 projects and activities. 7 SEC. 111. (a) For entitlements and other mandatory 8 payments whose budget authority was provided in appro9 priations Acts for fiscal year 2016, and for activities under 10 the Food and Nutrition Act of 2008, activities shall be 11 continued at the rate to maintain program levels under 12 current law, under the authority and conditions provided 13 in the applicable appropriations Act for fiscal year 2016, 14 to be continued through the date specified in section 15 106(3). 16 (b) Notwithstanding section 106, obligations for man- 17 datory payments due on or about the first day of any 18 month that begins after October 2016 but not later than 19 30 days after the date specified in section 106(3) may con20 tinue to be made, and funds shall be available for such 21 payments. 22 SEC. 112. Amounts made available under section 101 23 for civilian personnel compensation and benefits in each 24 department and agency may be apportioned up to the rate 25 for operations necessary to avoid furloughs within such de- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 136 1 partment or agency, consistent with the applicable appro2 priations Act for fiscal year 2016, except that such author3 ity provided under this section shall not be used until after 4 the department or agency has taken all necessary actions 5 to reduce or defer non-personnel-related administrative ex6 penses. 7 SEC. 113. Funds appropriated by this Act may be 8 obligated and expended notwithstanding section 10 of 9 Public Law 91–672 (22 U.S.C. 2412), section 15 of the 10 State Department Basic Authorities Act of 1956 (22 11 U.S.C. 2680), section 313 of the Foreign Relations Au12 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 13 6212), and section 504(a)(1) of the National Security Act 14 of 1947 (50 U.S.C. 3094(a)(1)). 15 SEC. 114. (a) Each amount incorporated by reference 16 in this Act that was previously designated by the Congress 17 for Overseas Contingency Operations/Global War on Ter18 rorism pursuant to section 251(b)(2)(A) of the Balanced 19 Budget and Emergency Deficit Control Act of 1985 or as 20 being for disaster relief pursuant to section 251(b)(2)(D) 21 of such Act is designated by the Congress for Overseas 22 Contingency Operations/Global War on Terrorism pursu23 ant to section 251(b)(2)(A) of such Act or as being for 24 disaster relief pursuant to section 251(b)(2)(D) of such 25 Act, respectively. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 137 1 (b) The reduction in section 101(b) of this Act shall 2 not apply to— 3 4 (1) amounts designated under subsection (a) of this section; 5 (2) amounts made available by section 101(a) 6 by reference to the second paragraph under the 7 heading ‘‘Social Security Administration—Limita- 8 tion on Administrative Expenses’’ in division H of 9 Public Law 114–113; or 10 (3) amounts made available by section 101(a) 11 by reference to the paragraph under the heading 12 ‘‘Centers for Medicare and Medicaid Services— 13 Health Care Fraud and Abuse Control Account’’ in 14 division H of Public Law 114–113. 15 (c) Section 6 of Public Law 114–113 shall apply to 16 amounts designated in subsection (a) for Overseas Contin17 gency Operations/Global War on Terrorism. 18 SEC. 115. During the period covered by this Act, dis- 19 cretionary amounts appropriated for fiscal year 2017 that 20 were provided in advance by appropriations Acts covered 21 by section 101 of this Act shall be available in the amounts 22 provided in such Acts, reduced by the percentage in sec23 tion 101(b). 24 SEC. 116. (a) In addition to the amounts otherwise 25 provided by section 101, and notwithstanding section 104, September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 138 1 an additional amount is provided to the Secretary of 2 Health and Human Services to carry out the authoriza3 tions in the Comprehensive Addiction and Recovery Act 4 of 2016 (Public Law 114–198), at a rate for operations 5 of $17,000,000. 6 (b) In addition to the amounts otherwise provided by 7 section 101, and notwithstanding section 104, an addi8 tional amount is provided to the Attorney General to carry 9 out the authorizations in the Comprehensive Addiction 10 and Recovery Act of 2016 (Public Law 114–198), at a 11 rate for operations of $20,000,000. 12 (c) Notwithstanding any other provision of this Act, 13 in addition to the purposes otherwise provided for amounts 14 that become available on October 1, 2016, under the head15 ing ‘‘Department of Veterans Affairs—Veterans Health 16 Administration—Medical Services’’ in division J of Public 17 Law 114–113, such amounts shall be used to implement 18 the Jason Simcakoski Memorial and Promise Act (title IX 19 of Public Law 114–198) and the amendments made by 20 that Act. 21 SEC. 117. Notwithstanding section 101, amounts are 22 provided for ‘‘Department of Agriculture—Domestic Food 23 Programs—Food and Nutrition Service—Commodity As24 sistance September 22, 2016 (12:15 p.m.) Program’’ at a rate for operations of U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 139 1 $310,139,000, of which $236,120,000 shall be for the 2 Commodity Supplemental Food Program. 3 SEC. 118. Amounts provided by section 111 to the 4 Department of Agriculture for ‘‘Corporations—Com5 modity Credit Corporation Fund—Reimbursement for Net 6 Realized Losses’’ may be used, prior to the completion of 7 the report described in section 2 of the Act of August 17, 8 1961 (15 U.S.C. 713a–11), to reimburse the Commodity 9 Credit Corporation for net realized losses sustained, but 10 not previously reimbursed, as reflected in the June 2016 11 report of its financial condition. 12 SEC. 119. Amounts made available by section 101 for 13 ‘‘Department of Agriculture—Rural Housing Service— 14 Rental Assistance Program’’ may be apportioned up to the 15 rate for operations necessary to pay ongoing debt service 16 for the multi-family direct loan programs under sections 17 514 and 515 of the Housing Act of 1949 (42 U.S.C. 1484 18 and 1485). 19 SEC. 120. Section 529(b)(5) of the Federal Food, 20 Drug, and Cosmetic Act (21 U.S.C. 360ff(b)(5)) shall be 21 applied by substituting the date specified in section 106(3) 22 of this Act for ‘‘September 30, 2016’’. 23 SEC. 121. Notwithstanding sections 101 and 102, 24 within amounts provided for ‘‘Department of Defense— 25 Operation and Maintenance, Defense-Wide’’ and ‘‘Depart- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 140 1 ment of Defense—Research, Development, Test and Eval2 uation, Defense-Wide’’, except for amounts designated for 3 Overseas Contingency Operations/Global War on Ter4 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal5 anced Budget and Emergency Deficit Control Act of 1985, 6 the Secretary of Defense may develop, replace, and sustain 7 Federal Government security and suitability background 8 investigation information technology system requirements 9 of the Office of Personnel Management at a rate for oper10 ations of $95,000,000. 11 SEC. 122. Section 1215(f)(1) of the National Defense 12 Authorization Act for Fiscal Year 2012 (Public Law 112– 13 81; 10 U.S.C. 113 note), as most recently amended by 14 section 1221 of the National Defense Authorization Act 15 for Fiscal Year 2016 (Public Law 114–92), shall be ap16 plied by substituting ‘‘2017’’ for ‘‘2016’’ through the ear17 lier of the date specified in section 106(3) of this Act or 18 the date of the enactment of an Act authorizing appropria19 tions for fiscal year 2017 for military activities of the De20 partment of Defense. 21 SEC. 123. (a) Funds made available by section 101 22 for ‘‘Department of Energy—Energy Programs—Ura23 nium Enrichment Decontamination and Decommissioning 24 Fund’’ may be apportioned up to the rate for operations September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 141 1 necessary to avoid disruption of continuing projects or ac2 tivities funded in this appropriation. 3 (b) The Secretary of Energy shall notify the Commit- 4 tees on Appropriations of the House of Representatives 5 and the Senate not later than 3 days after each use of 6 the authority provided in subsection (a). 7 SEC. 124. (a) Notwithstanding any other provision 8 of this Act, except section 106, the District of Columbia 9 may expend local funds under the heading ‘‘District of Co10 lumbia Funds’’ for such programs and activities under the 11 District of Columbia Appropriations Act, 2016 (title IV 12 of division E of Public Law 114–113) at the rate set forth 13 under ‘‘Part A—Summary of Expenses’’ as included in 14 the Fiscal Year 2017 Local Budget Act of 2016 (D.C. Act 15 21–414), as modified as of the date of the enactment of 16 this Act. 17 (b) During the period in which this Act is in effect, 18 the authority and conditions provided in the Financial 19 Services and General Government Appropriations Act, 20 2016 (division E of Public Law 114–113) which were ap21 plicable to the obligation or expenditure of funds by the 22 District of Columbia for any program, project, or activity 23 during fiscal year 2016 shall apply to the obligation or 24 expenditure of funds by the District of Columbia with re- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 142 1 spect to such program, project, or activity under any au2 thority. 3 SEC. 125. (a) Notwithstanding section 101, amounts 4 are provided for ‘‘General Services Administration—Ex5 penses, Presidential Transition’’ for necessary expenses to 6 carry out the Presidential Transition Act of 1963 (3 7 U.S.C. 102 note), at a rate for operations of $9,500,000, 8 of which not to exceed $1,000,000 is for activities author9 ized by sections 3(a)(8) and 3(a)(9) of such Act: Provided, 10 That such amounts may be transferred and credited to 11 the ‘‘Acquisition Services Fund’’ or ‘‘Federal Buildings 12 Fund’’ to reimburse obligations incurred prior to enact13 ment of this Act for the purposes provided herein related 14 to the Presidential election in 2016: Provided further, That 15 amounts available under this section shall be in addition 16 to any other amounts available for such purposes. 17 (b) Notwithstanding section 101, no funds are pro- 18 vided by this Act for ‘‘General Services Administration— 19 Pre-Election Presidential Transition’’. 20 SEC. 126. Notwithstanding section 101, for expenses 21 of the Office of Administration to carry out the Presi22 dential Transition Act of 1963, as amended, and similar 23 expenses, in addition to amounts otherwise appropriated 24 by law, amounts are provided to ‘‘Presidential Transition 25 Administrative Support’’ at a rate for operations of September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 143 1 $7,582,000: Provided, That such funds may be trans2 ferred to other accounts that provide funding for offices 3 within the Executive Office of the President and the Office 4 of the Vice President in this Act or any other Act, to carry 5 out such purposes. 6 SEC. 127. In addition to the amounts otherwise pro- 7 vided by section 101, an additional amount is provided for 8 ‘‘District of Columbia—Federal Payment for Emergency 9 Planning and Security Costs in the District of Columbia’’ 10 for costs associated with the Presidential Inauguration, at 11 a rate for operations of $19,995,000. 12 SEC. 128. In addition to the amounts otherwise pro- 13 vided by section 101, an additional amount is provided for 14 ‘‘National Archives and Records Administration—Oper15 ating Expenses’’ to carry out the Presidential transition 16 responsibilities of the Archivist of the United States under 17 sections 2201 through 2207 of title 44, United States 18 Code (commonly known as the ‘‘Presidential Records Act 19 of 1978’’), at a rate for operations of $4,850,000. 20 SEC. 129. Amounts made available by section 101 for 21 ‘‘Small Business Administration—Business Loans Pro22 gram Account’’ may be apportioned up to the rate for op23 erations necessary to accommodate increased demand for 24 commitments for general business loans authorized under 25 section 7(a) of the Small Business Act (15 U.S.C. 636(a)). September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 144 1 SEC. 130. Amounts provided by section 101 for the 2 Department of Homeland Security may be obligated in the 3 account and budget structure set forth in the table pro4 vided by the Chief Financial Officer of the Department 5 to the Committees on Appropriations of the Senate and 6 the House of Representatives prior to the end of fiscal 7 year 2016 pursuant to section 563(e) of the Department 8 of Homeland Security Appropriations Act, 2016 (division 9 F of Public Law 114–113). 10 SEC. 131. (a) Amounts made available by section 101 11 for ‘‘Department of Homeland Security—U.S. Customs 12 and Border Protection—Operations and Support’’ may be 13 apportioned up to the rate for operations necessary to 14 maintain not less than the number of staff achieved on 15 September 30, 2016. 16 (b) Amounts made available by section 101 for ‘‘De- 17 partment of Homeland Security—Transportation Security 18 Administration—Operations and Support’’ may be appor19 tioned up to the rate for operations necessary to maintain 20 not less than the number of screeners achieved on Sep21 tember 30, 2016. 22 SEC. 132. The authority provided by section 831 of 23 the Homeland Security Act of 2002 (6 U.S.C. 391) shall 24 continue in effect through the date specified in section 25 106(3) of this Act. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 145 1 SEC. 133. Section 810 of the Federal Lands Recre- 2 ation Enhancement Act (16 U.S.C. 6809) is amended by 3 striking ‘‘September 30, 2017’’ and inserting ‘‘September 4 30, 2018’’. 5 SEC. 134. (a) The authority provided by subsection 6 (m)(3) of section 8162 of the Department of Defense Ap7 propriations Act, 2000 (40 U.S.C. 8903 note; Public Law 8 106–79) shall continue in effect through the date specified 9 in section 106(3) of this Act. 10 (b) Section 419(b) of division G of Public Law 114– 11 113 shall not apply during the period covered by this Act. 12 SEC. 135. Notwithstanding section 101, subsection 13 35(d) of the Mineral Leasing Act (30 U.S.C. 191(d)) shall 14 be applied, at a rate for operations, through the date spec15 ified in section 106(3), as if the following new paragraph 16 were added at the end— 17 ‘‘(5) There is appropriated to the Fee Account 18 established in subsection (c)(3)(B)(ii) of this section, 19 out of any money in the Treasury not otherwise ap- 20 propriated, $26,000,000 for fiscal year 2017, to re- 21 main available until expended, for the coordination 22 and processing of oil and gas use authorizations, to 23 be reduced by amounts collected by the Bureau and 24 transferred to such Fee Account pursuant to sub- 25 section (d)(3)(A)(ii) of this section, so as to result September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 146 1 in a final fiscal year 2017 appropriation from the 2 general fund estimated at not more than $0.’’. 3 SEC. 136. In addition to the amounts otherwise pro- 4 vided by section 101, an additional amount is provided for 5 ‘‘Department of the Interior—National Park Service— 6 Operation of the National Park System’’ for security and 7 visitor safety activities related to the Presidential Inau8 gural Ceremonies, at a rate for operations of $4,200,000. 9 SEC. 137. In addition to amounts otherwise made 10 available by section 101, and notwithstanding section 104, 11 amounts are provided for ‘‘Environmental Protection 12 Agency—Environmental Programs and Management’’ at 13 a rate for operations of $3,000,000, to remain available 14 until expended, and such amounts may be apportioned up 15 to the rate for operations needed, for necessary expenses 16 of activities described in section 26(b)(1) of the Toxic Sub17 stances Control Act (15 U.S.C. 2625(b)(1)): Provided, 18 That fees collected pursuant to such section of such Act 19 and deposited in the ‘‘TSCA Service Fee Fund’’ as discre20 tionary offsetting receipts in fiscal year 2017 shall be re21 tained and used for necessary salaries and expenses under 22 the above heading and shall remain available until ex23 pended: Provided further, That the sum provided by this 24 section of this Act from the general fund for fiscal year 25 2017 shall be reduced by the amount of discretionary off- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 147 1 setting receipts received during fiscal year 2017, so as to 2 result in a final fiscal year 2017 appropriation from the 3 general fund estimated at not more than $0: Provided fur4 ther, That to the extent that amounts realized from such 5 receipts exceed $3,000,000, those amounts in excess of 6 $3,000,000 shall be deposited in the ‘‘TSCA Service Fee 7 Fund’’ as discretionary offsetting receipts in fiscal year 8 2017, shall be retained and used for necessary salaries and 9 expenses in this account, and shall remain available until 10 expended: Provided further, That of the amounts provided 11 under this heading by section 101, the Chemical Risk Re12 view and Reduction program project shall be allocated for 13 this fiscal year, excluding the amount of any fees made 14 available, not less than the amount of appropriations for 15 that program project for fiscal year 2014. 16 SEC. 138. Section 114(f) of the Higher Education 17 Act of 1965 (20 U.S.C. 1011c(f)) shall be applied by sub18 stituting the date specified in section 106(3) of this Act 19 for ‘‘September 30, 2016’’. 20 SEC. 139. The first proviso under the heading ‘‘De- 21 partment of Health and Human Services—Administration 22 for Children and Families—Payments to States for the 23 Child Care and Development Block Grant’’ in title II of 24 division H of Public Law 114–113 shall not apply during 25 the period covered by this Act. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 148 1 SEC. 140. (a) The second proviso under the heading 2 ‘‘Department of Health and Human Services—Adminis3 tration for Children and Families—Children and Families 4 Services Programs’’ in title II of division H of Public Law 5 114–113 shall be applied during the period covered by this 6 Act as if the following were struck from such proviso: ‘‘, 7 of which $141,000,000 shall be available for a cost of liv8 ing adjustment notwithstanding section 640(a)(3)(A) of 9 such Act’’. 10 (b) Amounts made available in the third proviso 11 under the heading ‘‘Department of Health and Human 12 Services—Administration for Children and Families— 13 Children and Families Services Programs’’ in title II of 14 division H of Public Law 114–113 shall not be included 15 in the calculation of the ‘‘base grant’’, as such term is 16 used in section 640(a)(7)(A) of the Head Start Act (42 17 U.S.C. 9835(a)(7)(A)), during the period described in sec18 tion 106 of this Act. 19 SEC. 141. (a) Section 529 of division H of Public 20 Law 114–113 shall be applied by substituting ‘‘in the 21 Child Enrollment Contingency Fund from the appropria22 tion to the Fund for the first semi-annual allotment period 23 for fiscal year 2017 under section 2104(n)(2)(A)(ii) of the 24 Social Security Act’’ for ‘‘or available in the Child Enroll25 ment Contingency Fund from appropriations to the Fund September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 149 1 under section 2104(n)(2)(A)(i) of the Social Security 2 Act’’; and 3 (b) Section 530 of division H of Public Law 114– 4 113 shall be applied by substituting ‘‘$541,900,000’’ for 5 ‘‘$4,678,500,000’’ and by adding at the end the following: 6 ‘‘and of the funds made available for the purposes of car7 rying out section 2105(a)(3) of the Social Security Act, 8 $5,669,100,000 are hereby rescinded’’. 9 SEC. 142. Notwithstanding any other provision of 10 this Act, there is appropriated for payment to Sami A. 11 Takai, widow of Kyle Mark Takai, late a Representative 12 from the State of Hawaii, $174,000. 13 SEC. 143. (a) Amounts made available by section 101 14 for ‘‘Department of Transportation—Federal Railroad 15 Administration—Operating Grants to the National Rail16 road Passenger Corporation’’ and ‘‘Department of Trans17 portation—Federal Railroad Administration—Capital and 18 Debt Service Grants to the National Railroad Passenger 19 Corporation’’ shall be obligated in the account and budget 20 structure, and under the authorities and conditions, set 21 forth for ‘‘Department of Transportation—Federal Rail22 road Administration—Northeast Corridor Grants to the 23 National Railroad Passenger Corporation’’ and ‘‘Depart24 ment of Transportation—Federal Railroad Administra25 tion—National Network Grants to the National Railroad September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 150 1 Passenger Corporation’’ in H.R. 5394 and S. 2844, as in2 troduced in the One Hundred Fourteenth Congress. 3 (b) Amounts made available pursuant to subsection 4 (a) are provided for ‘‘Department of Transportation— 5 Federal Railroad Administration—Northeast Corridor 6 Grants to the National Railroad Passenger Corporation’’ 7 at a rate for operations of $235,000,000, to remain avail8 able until expended, and for ‘‘Department of Transpor9 tation—Federal Railroad Administration—National Net10 work Grants to the National Railroad Passenger Corpora11 tion’’ at a rate for operations of $1,155,000,000, to re12 main available until expended. 13 SEC. 144. Amounts made available by section 101 for 14 ‘‘Maritime Administration—Maritime Security Program’’ 15 shall be allocated at an annual rate across all vessels cov16 ered by operating agreements, as that term is used in 17 chapter 531 of title 46, United States Code, and the Sec18 retary shall distribute equally all such funds for payments 19 due under all operating agreements in equal amounts not20 withstanding title 46, United States Code, section 53106: 21 Provided, That no payment shall exceed an annual rate 22 of $3,500,000 per operating agreement. 23 SEC. 145. (a) In addition to the amount otherwise 24 provided by section 101 for the ‘‘Community Planning and 25 Development, Community Development Fund’’, there is September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 151 1 appropriated $500,000,000 for an additional amount for 2 fiscal year 2016, to remain available until expended, for 3 necessary expenses for activities authorized under title I 4 of the Housing and Community Development Act of 1974 5 (42 U.S.C. 5301 et seq.) related to disaster relief, long6 term recovery, restoration of infrastructure and housing, 7 and economic revitalization in the most impacted and dis8 tressed areas resulting from a major disaster declared in 9 2016, and which the disaster occurred prior to the date 10 of enactment of this Act, pursuant to the Robert T. Staf11 ford Disaster Relief and Emergency Assistance Act (42 12 U.S.C. 5121 et seq.): Provided, That funds shall be award13 ed directly to the State or unit of general local government 14 at the discretion of the Secretary: Provided further, That 15 as a condition of making any grant, the Secretary shall 16 certify in advance that such grantee has in place proficient 17 financial controls and procurement processes and has es18 tablished adequate procedures to prevent any duplication 19 of benefits as defined by section 312 of the Robert T. Staf20 ford Disaster Relief and Emergency Assistance Act (42 21 U.S.C. 5155), to ensure timely expenditure of funds, to 22 maintain comprehensive websites regarding all disaster re23 covery activities assisted with these funds, and to detect 24 and prevent waste, fraud, and abuse of funds: Provided 25 further, That prior to the obligation of funds a grantee September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 152 1 shall submit a plan to the Secretary for approval detailing 2 the proposed use of all funds, including criteria for eligi3 bility and how the use of these funds will address long4 term recovery and restoration of infrastructure and hous5 ing and economic revitalization in the most impacted and 6 distressed areas: Provided further, That such funds may 7 not be used for activities reimbursable by, or for which 8 funds are made available by, the Federal Emergency Man9 agement Agency or the Army Corps of Engineers: Pro10 vided further, That funds allocated under this heading 11 shall not be considered relevant to the non-disaster for12 mula allocations made pursuant to section 106 of the 13 Housing and Community Development Act of 1974 (42 14 U.S.C. 5306): Provided further, That a State or subdivi15 sion thereof may use up to 5 percent of its allocation for 16 administrative costs: Provided further, That in admin17 istering the funds under this heading, the Secretary of 18 Housing and Urban Development may waive, or specify 19 alternative requirements for, any provision of any statute 20 or regulation that the Secretary administers in connection 21 with the obligation by the Secretary or the use by the re22 cipient of these funds (except for requirements related to 23 fair housing, nondiscrimination, labor standards, and the 24 environment), if the Secretary finds that good cause exists 25 for the waiver or alternative requirement and such waiver September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 153 1 or alternative requirement would not be inconsistent with 2 the overall purpose of title I of the Housing and Commu3 nity Development Act of 1974: Provided further, That, 4 notwithstanding the preceding proviso, recipients of funds 5 provided under this heading that use such funds to supple6 ment Federal assistance provided under section 402, 403, 7 404, 406, 407, or 502 of the Robert T. Stafford Disaster 8 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 9 seq.) may adopt, without review or public comment, any 10 environmental review, approval, or permit performed by 11 a Federal agency, and such adoption shall satisfy the re12 sponsibilities of the recipient with respect to such environ13 mental review, approval or permit: Provided further, That, 14 notwithstanding section 104(g)(2) of the Housing and 15 Community Development Act of 1974 (42 U.S.C. 16 5304(g)(2)), the Secretary may, upon receipt of a request 17 for release of funds and certification, immediately approve 18 the release of funds for an activity or project assisted 19 under this heading if the recipient has adopted an environ20 mental review, approval or permit under the preceding 21 proviso or the activity or project is categorically excluded 22 from review under the National Environmental Policy Act 23 of 1969 (42 U.S.C. 4321 et seq.): Provided further, That 24 the Secretary shall publish via notice in the Federal Reg25 ister any waiver, or alternative requirement, to any statute September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 154 1 or regulation that the Secretary administers pursuant to 2 title I of the Housing and Community Development Act 3 of 1974 no later than 5 days before the effective date of 4 such waiver or alternative requirement: Provided further, 5 That amounts provided under this section shall be des6 ignated by Congress as being for disaster relief pursuant 7 to section 251(b)(2)(D) of the Balanced Budget and 8 Emergency Deficit Control Act of 1985. 9 (b) Unobligated balances, including recaptures and 10 carryover, remaining from funds appropriated to the De11 partment of Housing and Urban Development for admin12 istrative costs of the Office of Community Planning and 13 Development associated with funds appropriated to the 14 Department for specific disaster relief and related pur15 poses and designated by Congress as an emergency re16 quirement pursuant to a Concurrent Resolution on the 17 Budget or the Balanced Budget and Emergency Deficit 18 Control Act, including information technology costs and 19 costs for administering and overseeing such specific dis20 aster related funds, shall be transferred to the Program 21 Office Salaries and Expenses, Community Planning and 22 Development account for the Department, shall remain 23 available until expended, and may be used for such admin24 istrative costs for administering any funds appropriated 25 to the Department for any disaster relief and related pur- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 155 1 poses in any prior or future act, notwithstanding the pur2 poses for which such funds were appropriated: Provided, 3 That the amounts transferred pursuant to this section 4 that were previously designated by Congress as an emer5 gency requirement pursuant to a Concurrent Resolution 6 on the Budget or the Balanced Budget and Emergency 7 Deficit Control Act are designated by the Congress as an 8 emergency requirement pursuant to section 9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985 and shall be transferred only 11 if the President subsequently so designates the entire 12 transfer and transmits such designation to the Congress. 13 (c) This section shall become effective immediately 14 upon enactment of this Act. 15 This division may be cited as the ‘‘Continuing Appro- 16 priations Act, 2017’’. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 156 1 2 DIVISION D—RESCISSIONS OF FUNDS SEC. 101. (a) Of the unobligated balances available 3 from prior year appropriations under the heading ‘‘De4 partment of Commerce, Economic Development Adminis5 tration, Economic Development Assistance Programs’’ 6 designated by the Congress as an emergency requirement 7 pursuant to the Concurrent Resolution on the Budget or 8 the Balanced Budget and Emergency Deficit Control Act 9 of 1985, $10,000,000 is rescinded immediately upon en10 actment of this Act: Provided, That such amounts are des11 ignated by the Congress as an emergency requirement 12 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg13 et and Emergency Deficit Control Act of 1985. 14 (b) Of the unobligated balances available from 15 amounts provided under the heading ‘‘Department of 16 Commerce, National Oceanic and Atmospheric Adminis17 tration, Operations, Research, and Facilities’’ in title II 18 of Public Law 111–212 for responding to economic im19 pacts of fisherman and fishery dependent businesses, 20 $13,000,000 is rescinded immediately upon enactment of 21 this Act: Provided, That such amounts are designated by 22 the Congress as an emergency requirement pursuant to 23 section 251(b)(2)(A)(i) of the Balanced Budget and 24 Emergency Deficit Control Act of 1985. September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 157 1 (c) Of the unobligated balances available from 2 amounts provided under the heading ‘‘Department of 3 Homeland Security, Office of the Secretary and Executive 4 Management’’ in Public Law 109–148, $279,045 is re5 scinded immediately upon enactment of this Act: Provided, 6 That such amounts are designated by the Congress as an 7 emergency requirement pursuant to section 8 251(b)(2)(A)(i) of the Balanced Budget and Emergency 9 Deficit Control Act of 1985. 10 (d) Of the unobligated balances available under the 11 heading ‘‘Department of Homeland Security, U.S. Cus12 toms and Border Protection, Salaries and Expenses’’ from 13 emergency funds in Public Law 107–206 and earlier laws 14 transferred to the Department of Homeland Security 15 when it was created in 2003, $39,246 is rescinded imme16 diately upon enactment of this Act: Provided, That such 17 amounts are designated by the Congress as an emergency 18 requirement pursuant to section 251(b)(2)(A)(i) of the 19 Balanced Budget and Emergency Deficit Control Act of 20 1985. 21 (e) Of the unobligated balances available from 22 amounts provided under the heading ‘‘Department of 23 Homeland Security, United States Coast Guard, Acquisi24 tion, Construction, and Improvements’’ in Public Law 25 110–329, Public Law 109–148 and Public Law 109–234, September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 158 1 $48,075,920 is rescinded immediately upon enactment of 2 this Act: Provided, That such amounts are designated by 3 the Congress as an emergency requirement pursuant to 4 section 251(b)(2)(A)(i) of the Balanced Budget and 5 Emergency Deficit Control Act of 1985. 6 (f) Of the unobligated balances available under the 7 heading ‘‘Department of Homeland Security, Federal 8 Emergency Management Agency, Administrative and Re9 gional Operations’’ in Public Law 109–234, $731,790 is 10 rescinded immediately upon enactment of this Act: Pro11 vided, That such amounts are designated by the Congress 12 as an emergency requirement pursuant to section 13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 14 Deficit Control Act of 1985. 15 (g) Of the unobligated amounts made available under 16 section 1323(c)(1) of the Patient Protection and Afford17 able Care Act (42 U.S.C. 18043(c)(1)), $168,100,000 is 18 rescinded immediately upon enactment of this Act. 19 (h) Of the unobligated balances available under the 20 heading ‘‘Operating Expenses’’ in title IX of the Depart21 ment of State, Foreign Operations, and Related Programs 22 Appropriations Act, 2015 (division J of Public Law 113– 23 235), $7,522,000 is rescinded immediately upon enact24 ment of this Act: Provided, That such amounts are des25 ignated by the Congress as an emergency requirement September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 159 1 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg2 et and Emergency Deficit Control Act of 1985. 3 (i) Of the unobligated balances of appropriations 4 made available under the heading ‘‘Bilateral Economic As5 sistance, Funds Appropriated to the President’’ in title IX 6 of the Department of State, Foreign Operations, and Re7 lated Programs Appropriations Act, 2015 (division J of 8 Public Law 113–235), $109,478,000 is rescinded imme9 diately upon enactment of this Act: Provided, That such 10 amounts are designated by the Congress as an emergency 11 requirement pursuant to section 251(b)(2)(A)(i) of the 12 Balanced Budget and Emergency Deficit Control Act of 13 1985. 14 (j) Of the unobligated balances available from 15 amounts provided under the heading ‘‘Department of 16 Transportation, Federal Aviation Administration, Facili17 ties and Equipment’’ in Public Law 109–148, $4,384,920 18 is rescinded immediately upon enactment of this Act: Pro19 vided, That such amounts are designated by the Congress 20 as an emergency requirement pursuant to section 21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 22 Deficit Control Act of 1985. 23 (k) Of the unobligated balances available from 24 amounts provided under the heading ‘‘Department of 25 Transportation, Federal Aviation Administration, Facili- September 22, 2016 (12:15 p.m.) U:\2017REPT\CR\H5325CR-Alt-02.xml SEN. APPRO. 160 1 ties and Equipment’’ in Public Law 102–368, $990,277 2 is rescinded immediately upon enactment of this Act: Pro3 vided, That such amounts are designated by the Congress 4 as an emergency requirement pursuant to section 5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 6 Deficit Control Act of 1985. 7 (l) Of the unobligated balances available to the De- 8 partment of Transportation from amounts provided under 9 section 108 of Public Law 101–130, $37,400,000 is re10 scinded immediately upon enactment of this Act: Provided, 11 That such amounts are designated by the Congress as an 12 emergency requirement pursuant to section 13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 14 Deficit Control Act of 1985. September 22, 2016 (12:15 p.m.)