H. Rept. 114-640 - DEPARTMENTS OF TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016, AND FOR OTHER PURPOSES114th Congress (2015-2016)
Committee Report
| Report Type: | House Report |
|---|---|
| Accompanies: | H.R.2577 |
Reports for H.R.2577
H. Rept. 114-640 - 114th Congress (2015-2016)
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House Report 114-640 - DEPARTMENTS OF TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016, AND FOR OTHER PURPOSES
[House Report 114-640]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-640
======================================================================
DEPARTMENTS OF TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016, AND FOR
OTHER PURPOSES
_______
June 22, 2016.--Ordered to be printed
_______
Mr. Rogers of Kentucky, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 2577]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the House to the amendment
of the Senate to the bill (H.R. 2577), making appropriations
for the Departments of Transportation, and Housing and Urban
Development, and related agencies for the fiscal year ending
September 30, 2016, and for other purposes, having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House to the amendment of the Senate and agree
to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the
House amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act, 2017
and Zika Response and Preparedness Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
Sec. 5. Availability of funds.
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions
DIVISION B--ZIKA RESPONSE AND PREPAREDNESS APPROPRIATIONS ACT, 2016
DIVISION C--ZIKA VECTOR CONTROL
DIVISION D--RESCISSIONS OF FUNDS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2017.
SEC. 5. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985
shall be available (or rescinded, if applicable) only if the
President subsequently so designates all such amounts and
transmits such designations to the Congress.
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military installations,
facilities, and real property for the Army as currently
authorized by law, including personnel in the Army Corps of
Engineers and other personal services necessary for the
purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $513,459,000, to remain available until
September 30, 2021: Provided, That, of this amount, not to
exceed $98,159,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of the Army
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons
therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps as
currently authorized by law, including personnel in the Naval
Facilities Engineering Command and other personal services
necessary for the purposes of this appropriation,
$1,021,580,000, to remain available until September 30, 2021:
Provided, That, of this amount, not to exceed $88,230,000 shall
be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of the Navy determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.
Military Construction, Air Force
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently
authorized by law, $1,491,058,000, to remain available until
September 30, 2021: Provided, That of this amount, not to
exceed $143,582,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Secretary of the Air Force determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor:
Provided further, That none of the funds made available under
this heading shall be for construction of the Joint
Intelligence Analysis Complex Consolidation, Phase 3, at Royal
Air Force Croughton, United Kingdom, unless authorized in an
Act authorizing appropriations for fiscal year 2017 for
military construction.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $2,025,444,000,
to remain available until September 30, 2021: Provided, That
such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations
of the Department of Defense available for military
construction or family housing as the Secretary may designate,
to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided further, That of the amount
appropriated, not to exceed $180,775,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons
therefor.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$232,930,000, to remain available until September 30, 2021:
Provided, That, of the amount appropriated, not to exceed
$8,729,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless
the Director of the Army National Guard determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$143,957,000, to remain available until September 30, 2021:
Provided, That, of the amount appropriated, not to exceed
$10,462,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless
the Director of the Air National Guard determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $68,230,000, to remain available until
September 30, 2021: Provided, That, of the amount
appropriated, not to exceed $7,500,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Chief of the Army Reserve
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons
therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and Marine
Corps as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts,
$38,597,000, to remain available until September 30, 2021:
Provided, That, of the amount appropriated, not to exceed
$3,783,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless
the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $188,950,000, to remain
available until September 30, 2021: Provided, That, of the
amount appropriated, not to exceed $4,500,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of
the Air Force Reserve determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $177,932,000, to remain available until
expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$240,237,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$157,172,000, to remain available until September 30, 2021.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $325,995,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $94,011,000, to remain available until September 30,
2021.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $300,915,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$61,352,000, to remain available until September 30, 2021.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $274,429,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the military
departments) for operation and maintenance, leasing, and minor
construction, as authorized by law, $59,157,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement
Fund, $3,258,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section 2883
of title 10, United States Code, providing alternative means of
acquiring and improving military family housing and supporting
facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed $25,000,
to be performed within the United States, except Alaska,
without the specific approval in writing of the Secretary of
Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized therein
are certified as important to the national defense by the
Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in excess
of 100 percent of the value as determined by the Army Corps of
Engineers or the Naval Facilities Engineering Command, except:
(1) where there is a determination of value by a Federal court;
(2) purchases negotiated by the Attorney General or the
designee of the Attorney General; (3) where the estimated value
is less than $25,000; or (4) as otherwise determined by the
Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate any
activity from one base or installation to another, without
prior notification to the Committees on Appropriations of both
Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the opportunity
to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in
any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of both
Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts estimated
by the Government to exceed $500,000 for projects to be
accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Gulf, unless such contracts are awarded to United
States firms or United States firms in joint venture with host
nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories and
possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Gulf, may be used to award any
contract estimated by the Government to exceed $1,000,000 to a
foreign contractor: Provided, That this section shall not be
applicable to contract awards for which the lowest responsive
and responsible bid of a United States contractor exceeds the
lowest responsive and responsible bid of a foreign contractor
by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military
construction on Kwajalein Atoll for which the lowest responsive
and responsible bid is submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel 30
days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated to
exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current session
of Congress.
Sec. 115. For military construction or family housing
projects that are being completed with funds otherwise expired
or lapsed for obligation, expired or lapsed funds may be used
to pay the cost of associated supervision, inspection,
overhead, engineering and design on those projects and on
subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense agency
for the construction of military projects may be obligated for
a military construction project or contract, or for any portion
of such a project or contract, at any time before the end of
the fourth fiscal year after the fiscal year for which funds
for such project were made available, if the funds obligated
for such project: (1) are obligated from funds available for
military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which
the cost of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections 480 and 2883 of title 10, United States
Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the Department
of Defense Family Housing Improvement Fund from amounts
appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and
for the same period of time as amounts appropriated directly to
the Fund; or (2) the Department of Defense Military
Unaccompanied Housing Improvement Fund from amounts
appropriated for construction of military unaccompanied housing
in ``Military Construction'' accounts, to be merged with and to
be available for the same purposes and for the same period of
time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be
available to cover the costs, as defined in section 502(5) of
the Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United
States Code, pertaining to alternative means of acquiring and
improving military family housing, military unaccompanied
housing, and supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the Department of Defense Base Closure Account
to the fund established by section 1013(d) of the Demonstration
Cities and Metropolitan Development Act of 1966 (42 U.S.C.
3374) to pay for expenses associated with the Homeowners
Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A). Any
amounts transferred shall be merged with and be available for
the same purposes and for the same time period as the fund to
which transferred.
Sec. 119. Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source of
funds for repair and maintenance of all family housing units,
including general or flag officer quarters: Provided, That not
more than $35,000 per unit may be spent annually for the
maintenance and repair of any general or flag officer quarters
without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, except
that an after-the-fact notification shall be submitted if the
limitation is exceeded solely due to costs associated with
environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller) is
to report annually to the Committees on Appropriations of both
Houses of Congress all operation and maintenance expenditures
for each individual general or flag officer quarters for the
prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of title
10, United States Code, are appropriated and shall be available
until expended for the purposes specified in subsection (i)(1)
of such section or until transferred pursuant to subsection
(i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations
available in this Act to the Department of Defense for military
construction and family housing operation and maintenance and
construction have expired for obligation, upon a determination
that such appropriations will not be necessary for the
liquidation of obligations or for making authorized adjustments
to such appropriations for obligations incurred during the
period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction,
Defense'', to be merged with and to be available for the same
time period and for the same purposes as the appropriation to
which transferred.
Sec. 122. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used by the
Secretary of the Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is
not performed by any other unit in the Army and is
specifically stipulated in title 10, United States
Code; and
(2) is located at a military installation at which
the total number of civilian employees of the
Department of the Army and Army contractor personnel
employed exceeds 10 percent of the total number of
members of the regular and reserve components of the
Army assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the
Secretary of the Army certifies to the congressional defense
committees that in proposing the relocation of the unit of the
Army, the Secretary complied with Army Regulation 5-10 relating
to the policy, procedures, and responsibilities for Army
stationing actions.
Sec. 123. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account in
accordance with the reprogramming guidelines for military
construction and family housing construction contained in
Department of Defense Financial Management Regulation 7000.14-
R, Volume 3, Chapter 7, of March 2011, as in effect on the date
of enactment of this Act.
Sec. 124. None of the funds made available in this title
may be obligated or expended for planning and design and
construction of projects at Arlington National Cemetery.
Sec. 125. For an additional amount for the accounts and in
the amounts specified, to remain available until September 30,
2021:
``Military Construction, Army'', $40,500,000;
``Military Construction, Navy and Marine Corps'',
$227,099,000;
``Military Construction, Air Force'', $149,500,000;
``Military Construction, Army National Guard'',
$67,500,000;
``Military Construction, Air National Guard'',
$11,000,000;
``Military Construction, Army Reserve'',
$30,000,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military
department's unfunded priority list for fiscal year 2017
submitted to Congress by the Secretary of Defense: Provided
further, That such projects are subject to authorization prior
to obligation and expenditure of funds to carry out
construction: Provided further, That not later than 30 days
after enactment of this Act, the Secretary of the military
department concerned, or his or her designee, shall submit to
the Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
Sec. 126. For an additional amount for ``Military
Construction, Navy and Marine Corps'', $89,400,000, to remain
available until September 30, 2021: Provided, That, such funds
may only be obligated to carry out construction projects
identified by the Department of the Navy in its June 8, 2016,
unfunded priority list submission to the Committees on
Appropriations of both Houses of Congress detailing unfunded
reprogramming and emergency construction requirements:
Provided further, That, not later than 30 days after enactment
of this Act, the Secretary of the Navy, or his or her designee,
shall submit to the Committees an expenditure plan for funds
provided under this section.
(rescissions of funds)
Sec. 127. Of the unobligated balances available to the
Department of Defense from prior appropriation Acts, the
following funds are hereby rescinded from the following
accounts in the amounts specified:
``Military Construction, Army'', $29,602,000;
``Military Construction, Air Force'', $51,460,000;
``Military Construction, Defense-Wide'',
$171,600,000, of which $30,000,000 are to be derived
from amounts made available for Missile Defense Agency
planning and design; and
``North Atlantic Treaty Organization Security
Investment Program'', $30,000,000:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism or as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
(rescission of funds)
Sec. 128. Of the unobligated balances made available in
prior appropriation Acts for the fund established in section
1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) (other than
appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or
as an emergency requirement), $25,000,000 are hereby rescinded.
Sec. 129. For the purposes of this Act, the term
``congressional defense committees'' means the Committees on
Armed Services of the House of Representatives and the Senate,
the Subcommittee on Military Construction and Veterans Affairs
of the Committee on Appropriations of the Senate, and the
Subcommittee on Military Construction and Veterans Affairs of
the Committee on Appropriations of the House of
Representatives.
Sec. 130. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 131. Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this
or any other Act may be used to consolidate or relocate any
element of a United States Air Force Rapid Engineer Deployable
Heavy Operational Repair Squadron Engineer (RED HORSE) outside
of the United States until the Secretary of the Air Force (1)
completes an analysis and comparison of the cost and
infrastructure investment required to consolidate or relocate a
RED HORSE squadron outside of the United States versus within
the United States; (2) provides to the Committees on
Appropriations of both Houses of Congress (``the Committees'')
a report detailing the findings of the cost analysis; and (3)
certifies in writing to the Committees that the preferred site
for the consolidation or relocation yields the greatest savings
for the Air Force: Provided, That the term ``United States''
in this section does not include any territory or possession of
the United States.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53, 55,
and 61 of title 38, United States Code; pension benefits to or
on behalf of veterans as authorized by chapters 15, 51, 53, 55,
and 61 of title 38, United States Code; and burial benefits,
the Reinstated Entitlement Program for Survivors, emergency and
other officers' retirement pay, adjusted-service credits and
certificates, payment of premiums due on commercial life
insurance policies guaranteed under the provisions of title IV
of the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et
seq.) and for other benefits as authorized by sections 107,
1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of
title 38, United States Code, $90,119,449,000, to remain
available until expended and to become available on October 1,
2017: Provided, That not to exceed $17,224,000 of the amount
made available for fiscal year 2018 under this heading shall be
reimbursed to ``General Operating Expenses, Veterans Benefits
Administration'', and ``Information Technology Systems'' for
necessary expenses in implementing the provisions of chapters
51, 53, and 55 of title 38, United States Code, the funding
source for which is specifically provided as the ``Compensation
and Pensions'' appropriation: Provided further, That such sums
as may be earned on an actual qualifying patient basis, shall
be reimbursed to ``Medical Care Collections Fund'' to augment
the funding of individual medical facilities for nursing home
care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, $13,708,648,000, to remain available until
expended and to become available on October 1, 2017: Provided,
That expenses for rehabilitation program services and
assistance which the Secretary is authorized to provide under
subsection (a) of section 3104 of title 38, United States Code,
other than under paragraphs (1), (2), (5), and (11) of that
subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled veterans
insurance, and veterans mortgage life insurance as authorized
by chapters 19 and 21, title 38, United States Code,
$124,504,000, to remain available until expended, of which
$107,899,000 shall become available on October 1, 2017.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That,
during fiscal year 2017, within the resources available, not to
exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $198,856,000.
vocational rehabilitation loans program account
For the cost of direct loans, $36,000, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That funds made available under this
heading are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $2,517,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $389,000, which may be paid to the
appropriation for ``General Operating Expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,163,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General Services
Administration for security guard services, and reimbursement
of the Department of Defense for the cost of overseas employee
mail, $2,856,160,000: Provided, That expenses for services and
assistance authorized under paragraphs (1), (2), (5), and (11)
of section 3104(a) of title 38, United States Code, that the
Secretary of Veterans Affairs determines are necessary to
enable entitled veterans: (1) to the maximum extent feasible,
to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That, of the funds made available under this heading, not to
exceed 5 percent shall remain available until September 30,
2018.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including medical
supplies and equipment, bioengineering services, food services,
and salaries and expenses of healthcare employees hired under
title 38, United States Code, aid to State homes as authorized
by section 1741 of title 38, United States Code, assistance and
support services for caregivers as authorized by section 1720G
of title 38, United States Code, loan repayments authorized by
section 604 of the Caregivers and Veterans Omnibus Health
Services Act of 2010 (Public Law 111-163; 124 Stat. 1174; 38
U.S.C. 7681 note), and hospital care and medical services
authorized by section 1787 of title 38, United States Code;
$1,078,993,000, which shall be in addition to funds previously
appropriated under this heading that become available on
October 1, 2016; and, in addition, $44,886,554,000, plus
reimbursements, shall become available on October 1, 2017, and
shall remain available until September 30, 2018: Provided,
That, of the amount made available on October 1, 2017, under
this heading, $1,400,000,000 shall remain available until
September 30, 2019: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs
shall establish a priority for the provision of medical
treatment for veterans who have service-connected disabilities,
lower income, or have special needs: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall give priority funding for the provision
of basic medical benefits to veterans in enrollment priority
groups 1 through 6: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs
may authorize the dispensing of prescription drugs from
Veterans Health Administration facilities to enrolled veterans
with privately written prescriptions based on requirements
established by the Secretary: Provided further, That the
implementation of the program described in the previous proviso
shall incur no additional cost to the Department of Veterans
Affairs: Provided further, That the Secretary of Veterans
Affairs shall ensure that sufficient amounts appropriated under
this heading for medical supplies and equipment are available
for the acquisition of prosthetics designed specifically for
female veterans: Provided further, That the Secretary of
Veterans Affairs shall provide access to therapeutic listening
devices to veterans struggling with mental health related
problems, substance abuse, or traumatic brain injury.
medical community care
For necessary expenses for furnishing health care to
individuals pursuant to chapter 17 of title 38, United States
Code, at non-Department facilities, $7,246,181,000, plus
reimbursements, of which $2,000,000,000 shall remain available
until September 30, 2020; and, in addition, $9,409,118,000
shall become available on October 1, 2017, and shall remain
available until September 30, 2018: Provided, That of the
amount made available on October 1, 2017, $1,500,000,000 shall
remain available until September 30, 2021.
medical support and compliance
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.), $6,654,480,000, plus reimbursements,
shall become available on October 1, 2017, and shall remain
available until September 30, 2018: Provided, That, of the
amount made available on October 1, 2017, under this heading,
$100,000,000 shall remain available until September 30, 2019.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration; for
administrative expenses in support of planning, design, project
management, real property acquisition and disposition,
construction, and renovation of any facility under the
jurisdiction or for the use of the Department; for oversight,
engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the
jurisdiction of the Department, not otherwise provided for,
either by contract or by the hire of temporary employees and
purchase of materials; for leases of facilities; and for
laundry services; $247,668,000, which shall be in addition to
funds previously appropriated under this heading that become
available on October 1, 2016; and, in addition, $5,434,880,000,
plus reimbursements, shall become available on October 1, 2017,
and shall remain available until September 30, 2018: Provided,
That, of the amount made available on October 1, 2017, under
this heading, $250,000,000 shall remain available until
September 30, 2019.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $675,366,000, plus
reimbursements, shall remain available until September 30,
2018: Provided, That the Secretary of Veterans Affairs shall
ensure that sufficient amounts appropriated under this heading
are available for prosthetic research specifically for female
veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations; hire
of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $286,193,000, of which not to
exceed 10 percent shall remain available until September 30,
2018.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services
Administration for security guard services, $345,391,000, of
which not to exceed 5 percent shall remain available until
September 30, 2018: Provided, That funds provided under this
heading may be transferred to ``General Operating Expenses,
Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans
Appeals, $156,096,000, of which not to exceed 10 percent shall
remain available until September 30, 2018.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset acquisition
of information technology systems, including management and
related contractual costs of said acquisitions, including
contractual costs associated with operations authorized by
section 3109 of title 5, United States Code, $4,278,259,000,
plus reimbursements: Provided, That $1,272,548,000 shall be
for pay and associated costs, of which not to exceed
$37,100,000 shall remain available until September 30, 2018:
Provided further, That $2,534,442,000 shall be for operations
and maintenance, of which not to exceed $180,200,000 shall
remain available until September 30, 2018: Provided further,
That $471,269,000 shall be for information technology systems
development, modernization, and enhancement, and shall remain
available until September 30, 2018: Provided further, That
amounts made available for information technology systems
development, modernization, and enhancement may not be
obligated or expended until the Secretary of Veterans Affairs
or the Chief Information Officer of the Department of Veterans
Affairs submits to the Committees on Appropriations of both
Houses of Congress a certification of the amounts, in parts or
in full, to be obligated and expended for each development
project: Provided further, That amounts made available for
salaries and expenses, operations and maintenance, and
information technology systems development, modernization, and
enhancement may be transferred among the three subaccounts
after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That amounts made available for the
``Information Technology Systems'' account for development,
modernization, and enhancement may be transferred among
projects or to newly defined projects: Provided further, That
no project may be increased or decreased by more than
$1,000,000 of cost prior to submitting a request to the
Committees on Appropriations of both Houses of Congress to make
the transfer and an approval is issued, or absent a response, a
period of 30 days has elapsed: Provided further, That funds
under this heading may be used by the Interagency Program
Office through the Department of Veterans Affairs to define
data standards, code sets, and value sets used to enable
interoperability: Provided further, That of the funds made
available for information technology systems development,
modernization, and enhancement for VistA Evolution or any
successor program, not more than 25 percent may be obligated or
expended until the Secretary of Veterans Affairs:
(1) submits to the Committees on Appropriations of
both Houses of Congress the VistA Evolution Business
Case and supporting documents regarding continuation of
VistA Evolution or alternatives to VistA Evolution,
including an analysis of necessary or desired
capabilities, technical and security requirements, the
plan for modernizing the platform framework, and all
associated costs;
(2) submits to the Committees on Appropriations of
both Houses of Congress, and such Committees approve,
the following: a report that describes a strategic plan
for VistA Evolution, or any successor program, and the
associated implementation plan including metrics and
timelines; a master schedule and lifecycle cost
estimate for VistA Evolution or any successor; and an
implementation plan for the transition from the Project
Management Accountability System to a new project
delivery framework, the Veteran-focused Integration
Process, that includes the methodology by which
projects will be tracked, progress measured, and
deliverables evaluated;
(3) submits to the Committees on Appropriations of
both Houses of Congress a report outlining the
strategic plan to reach interoperability with private
sector healthcare providers, the timeline for reaching
``meaningful use'' as defined by the Office of National
Coordinator for Health Information Technology for each
data domain covered under the VistA Evolution program,
and the extent to which the Department of Veterans
Affairs leverages the State Health Information
Exchanges to share health data with private sector
providers;
(4) submits to the Committees on Appropriations of
both Houses of Congress, and such Committees approve,
the following: a report that describes the extent to
which VistA Evolution, or any successor program,
maximizes the use of commercially available software
used by DoD and the private sector, requires an open
architecture that leverages best practices and rapidly
adapts to technologies produced by the private sector,
enhances full interoperability between the VA and DoD
and between VA and the private sector, and ensures the
security of personally identifiable information of
veterans and beneficiaries; and
(5) certifies in writing to the Committees on
Appropriations of both Houses of Congress that the
Department of Veterans Affairs has met the requirements
contained in the National Defense Authorization Act of
Fiscal Year 2014 (Public Law 113-66) which require that
electronic health record systems of the Department of
Defense and the Department of Veterans Affairs have
reached interoperability, comply with national
standards and architectural requirements identified by
the DoD/VA Interagency Program Office in collaboration
with the Office of National Coordinator for Health
Information Technology:
Provided further, That the funds made available under this
heading for information technology systems development,
modernization, and enhancement, shall be for the projects, and
in the amounts, specified under this heading in the joint
explanatory statement accompanying this Act.
office of inspector general
For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $160,106,000, of which not to exceed 10 percent shall
remain available until September 30, 2018.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections 316,
2404, 2406 and chapter 81 of title 38, United States Code, not
otherwise provided for, including planning, architectural and
engineering services, construction management services,
maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, where the estimated
cost of a project is more than the amount set forth in section
8104(a)(3)(A) of title 38, United States Code, or where funds
for a project were made available in a previous major project
appropriation, $528,110,000, of which $478,110,000 shall remain
available until September 30, 2021, and of which $50,000,000
shall remain available until expended: Provided, That except
for advance planning activities, including needs assessments
which may or may not lead to capital investments, and other
capital asset management related activities, including
portfolio development and management activities, and investment
strategy studies funded through the advance planning fund and
the planning and design activities funded through the design
fund, including needs assessments which may or may not lead to
capital investments, and salaries and associated costs of the
resident engineers who oversee those capital investments funded
through this account and contracting officers who manage
specific major construction projects, and funds provided for
the purchase, security, and maintenance of land for the
National Cemetery Administration through the land acquisition
line item, none of the funds made available under this heading
shall be used for any project that has not been notified to
Congress through the budgetary process or that has not been
approved by the Congress through statute, joint resolution, or
in the explanatory statement accompanying such Act and
presented to the President at the time of enrollment: Provided
further, That funds made available under this heading for
fiscal year 2017, for each approved project shall be obligated:
(1) by the awarding of a construction documents contract by
September 30, 2017; and (2) by the awarding of a construction
contract by September 30, 2018: Provided further, That the
Secretary of Veterans Affairs shall promptly submit to the
Committees on Appropriations of both Houses of Congress a
written report on any approved major construction project for
which obligations are not incurred within the time limitations
established above: Provided further, That, of the amount made
available under this heading, $222,620,000 for Veterans Health
Administration major construction projects shall not be
available until the Department of Veterans Affairs--
(1) enters into an agreement with an appropriate
non-Department of Veterans Affairs Federal entity to
serve as the design and/or construction agent for any
Veterans Health Administration major construction
project with a Total Estimated Cost of $100,000,000 or
above by providing full project management services,
including management of the project design,
acquisition, construction, and contract changes,
consistent with section 502 of Public Law 114-58; and
(2) certifies in writing that such an agreement is
executed and intended to minimize or prevent subsequent
major construction project cost overruns and provides a
copy of the agreement entered into and any required
supplementary information to the Committees on
Appropriations of both Houses of Congress.
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which may
lead to capital investments, architectural and engineering
services, maintenance or guarantee period services costs
associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or
for any of the purposes set forth in sections 316, 2404, 2406
and chapter 81 of title 38, United States Code, not otherwise
provided for, where the estimated cost of a project is equal to
or less than the amount set forth in section 8104(a)(3)(A) of
title 38, United States Code, $372,069,000, to remain available
until September 30, 2021, along with unobligated balances of
previous ``Construction, Minor Projects'' appropriations which
are hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds made available under this
heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage caused
by any natural disaster or catastrophe; and (2) temporary
measures necessary to prevent or to minimize further loss by
such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel, modify,
or alter existing hospital, nursing home, and domiciliary
facilities in State homes, for furnishing care to veterans as
authorized by sections 8131 through 8137 of title 38, United
States Code, $90,000,000, to remain available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$45,000,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2017 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That, before a transfer may take place, the Secretary
of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make
the transfer and such Committees issue an approval, or absent a
response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2017, in this or any other
Act, under the ``Medical Services'', ``Medical Community
Care'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts:
Provided, That any transfers among the ``Medical Services'',
``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take
place subject to notification from the Secretary of Veterans
Affairs to the Committees on Appropriations of both Houses of
Congress of the amount and purpose of the transfer: Provided
further, That any transfers among the ``Medical Services'',
``Medical Community Care'', and ``Medical Support and
Compliance'' accounts in excess of 1 percent, or exceeding the
cumulative 1 percent for the fiscal year, may take place only
after the Secretary requests from the Committees on
Appropriations of both Houses of Congress the authority to make
the transfer and an approval is issued: Provided further, That
any transfers to or from the ``Medical Facilities'' account may
take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code; hire
of passenger motor vehicles; lease of a facility or land or
both; and uniforms or allowances therefore, as authorized by
sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the
purchase of any site for or toward the construction of any new
hospital or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to veterans,
and persons receiving such treatment under sections 7901
through 7904 of title 5, United States Code, or the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.)), unless reimbursement of the cost of such
hospitalization or examination is made to the ``Medical
Services'' account at such rates as may be fixed by the
Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2016.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior
year appropriations accounts resulting from sections 3328(a),
3334, and 3712(a) of title 31, United States Code, except that
if such obligations are from trust fund accounts they shall be
payable only from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2017, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans'
Special Life Insurance Fund under section 1923 of title 38,
United States Code, and the United States Government Life
Insurance Fund under section 1955 of title 38, United States
Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology
Systems'' accounts for the cost of administration of the
insurance programs financed through those accounts: Provided,
That reimbursement shall be made only from the surplus earnings
accumulated in such an insurance program during fiscal year
2017 that are available for dividends in that program after
claims have been paid and actuarially determined reserves have
been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount
of surplus earnings accumulated in that program, reimbursement
shall be made only to the extent of such surplus earnings:
Provided further, That the Secretary shall determine the cost
of administration for fiscal year 2017 which is properly
allocable to the provision of each such insurance program and
to the provision of any total disability income insurance
included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by that
account during a prior fiscal year for providing enhanced-use
lease services, may be obligated during the fiscal year in
which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management of
the Department of Veterans Affairs and the Office of Employment
Discrimination Complaint Adjudication under section 319 of
title 38, United States Code, for all services provided at
rates which will recover actual costs but not to exceed
$47,668,000 for the Office of Resolution Management and
$3,932,000 for the Office of Employment Discrimination
Complaint Adjudication: Provided, That payments may be made in
advance for services to be furnished based on estimated costs:
Provided further, That amounts received shall be credited to
the ``General Administration'' and ``Information Technology
Systems'' accounts for use by the office that provided the
service.
Sec. 211. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes of
section 1729 of such title: Provided, That the Secretary may
recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from
any person who does not make such disclosure as required:
Provided further, That any amounts so recovered for care or
services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are
received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction or
for the use of the Department of Veterans Affairs. Such sums as
realized are in addition to the amount provided for in
``Construction, Major Projects'' and ``Construction, Minor
Projects''.
Sec. 213. Amounts made available under ``Medical
Services'' are available--
(1) for furnishing recreational facilities,
supplies, and equipment; and
(2) for funeral expenses, burial expenses, and
other expenses incidental to funerals and burials for
beneficiaries receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to the ``Medical
Services'' and ``Medical Community Care'' accounts to remain
available until expended for the purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State
of Alaska and Indian tribes and tribal organizations which are
party to the Alaska Native Health Compact with the Indian
Health Service, to provide healthcare, including behavioral
health and dental care, to veterans in rural Alaska. The
Secretary shall require participating veterans and facilities
to comply with all appropriate rules and regulations, as
established by the Secretary. The term ``rural Alaska'' shall
mean those lands which are not within the boundaries of the
municipality of Anchorage or the Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section 8118
of title 38, United States Code, may be transferred to the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts, to remain available until expended for the
purposes of these accounts.
(rescission of funds)
Sec. 217. Of the amounts appropriated in title II of
division J of Public Law 114-113 under the heading ``Medical
Services'' which become available on October 1, 2016,
$7,246,181,000 are hereby rescinded.
Sec. 218. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress
a report on the financial status of the Department of Veterans
Affairs for the preceding quarter: Provided, That, at a
minimum, the report shall include the direction contained in
the paragraph entitled ``Quarterly reporting'', under the
heading ``General Administration'' in the joint explanatory
statement accompanying this Act.
(including transfer of funds)
Sec. 219. Amounts made available under the ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', ``Medical Facilities'', ``General Operating
Expenses, Veterans Benefits Administration'', ``General
Administration'', and ``National Cemetery Administration''
accounts for fiscal year 2017 may be transferred to or from the
``Information Technology Systems'' account: Provided, That
such transfers may not result in a more than 10 percent
aggregate increase in the total amount made available by this
Act for the ``Information Technology Systems'' account:
Provided further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees
on Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
Sec. 220. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with: (1) section 842 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of Columbia,
and Independent Agencies Appropriations Act, 2006 (Public Law
109-115; 119 Stat. 2506); or (2) section 8110(a)(5) of title
38, United States Code.
(including transfer of funds)
Sec. 221. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2017 for ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``Construction, Minor Projects'', and
``Information Technology Systems'', up to $274,731,000, plus
reimbursements, may be transferred to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84; 123 Stat. 3571) and may be used for operation of the
facilities designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the
Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund upon written notification
by the Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress: Provided further,
That section 223 of title II of division J of Public Law 114-
113 is repealed.
(including transfer of funds)
Sec. 222. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2017, for
``Medical Services'', ``Medical Community Care'', ``Medical
Support and Compliance'', and ``Medical Facilities'', up to
$280,802,000, plus reimbursements, may be transferred to the
Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 3571) and may be used for
operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4500): Provided, That
additional funds may be transferred from accounts designated in
this section to the Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 223. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, for healthcare provided at facilities
designated as combined Federal medical facilities as described
by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4500) shall also be available: (1) for transfer to the
Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 3571); and (2) for
operations of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4500).
(including transfer of funds)
Sec. 224. Of the amounts available in this title for
``Medical Services'', ``Medical Community Care'', ``Medical
Support and Compliance'', and ``Medical Facilities'', a minimum
of $15,000,000 shall be transferred to the DOD-VA Health Care
Sharing Incentive Fund, as authorized by section 8111(d) of
title 38, United States Code, to remain available until
expended, for any purpose authorized by section 8111 of title
38, United States Code.
Sec. 225. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to
replace the current system by which the Veterans Integrated
Service Networks select and contract for diabetes monitoring
supplies and equipment.
Sec. 226. The Secretary of Veterans Affairs shall notify
the Committees on Appropriations of both Houses of Congress of
all bid savings in a major construction project that total at
least $5,000,000, or 5 percent of the programmed amount of the
project, whichever is less: Provided, That such notification
shall occur within 14 days of a contract identifying the
programmed amount: Provided further, That the Secretary shall
notify the Committees on Appropriations of both Houses of
Congress 14 days prior to the obligation of such bid savings
and shall describe the anticipated use of such savings.
Sec. 227. None of the funds made available for
``Construction, Major Projects'' may be used for a project in
excess of the scope specified for that project in the original
justification data provided to the Congress as part of the
request for appropriations unless the Secretary of Veterans
Affairs receives approval from the Committees on Appropriations
of both Houses of Congress.
Sec. 228. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress
a quarterly report containing performance measures and data
from each Veterans Benefits Administration Regional Office:
Provided, That, at a minimum, the report shall include the
direction contained in the section entitled ``Disability claims
backlog'', under the heading ``General Operating Expenses,
Veterans Benefits Administration'' in the joint explanatory
statement accompanying this Act.
Sec. 229. Of the funds provided to the Department of
Veterans Affairs for fiscal year 2017 for ``Medical Support and
Compliance'' a maximum of $40,000,000 may be obligated from the
``Medical Support and Compliance'' account for the VistA
Evolution and electronic health record interoperability
projects: Provided, That funds in addition to these amounts
may be obligated for the VistA Evolution and electronic health
record interoperability projects upon written notification by
the Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress.
Sec. 230. The Secretary of Veterans Affairs shall provide
written notification to the Committees on Appropriations of
both Houses of Congress 15 days prior to organizational changes
which result in the transfer of 25 or more full-time
equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 231. The Secretary of Veterans Affairs shall provide
on a quarterly basis to the Committees on Appropriations of
both Houses of Congress notification of any single national
outreach and awareness marketing campaign in which obligations
exceed $2,000,000.
(including transfer of funds)
Sec. 232. The Secretary of Veterans Affairs, upon
determination that such action is necessary to address needs of
the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations
made available for fiscal year 2017 in this title (except
appropriations made to the ``General Operating Expenses,
Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of
Veterans Affairs, including those appropriated for fiscal year
2017, that were provided in advance by appropriations Acts:
Provided, That transfers shall be made only with the approval
of the Office of Management and Budget: Provided further, That
the transfer authority provided in this section is in addition
to any other transfer authority provided by law: Provided
further, That no amounts may be transferred from amounts that
were designated by Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That such authority to transfer may not be
used unless for higher priority items, based on emergent
healthcare requirements, than those for which originally
appropriated and in no case where the item for which funds are
requested has been denied by Congress: Provided further, That,
upon determination that all or part of the funds transferred
from an appropriation are not necessary, such amounts may be
transferred back to that appropriation and shall be available
for the same purposes as originally appropriated: Provided
further, That before a transfer may take place, the Secretary
of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make
the transfer and receive approval of that request.
(including transfer of funds)
Sec. 233. Amounts made available for the Department of
Veterans Affairs for fiscal year 2017, under the ``Board of
Veterans Appeals'' and the ``General Operating Expenses,
Veterans Benefits Administration'' accounts may be transferred
between such accounts: Provided, That before a transfer may
take place, the Secretary of Veterans Affairs shall request
from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and receive
approval of that request.
Sec. 234. The Secretary of Veterans Affairs may not
reprogram funds among major construction projects or programs
if such instance of reprogramming will exceed $5,000,000,
unless such reprogramming is approved by the Committees on
Appropriations of both Houses of Congress.
(rescission of funds)
Sec. 235. Of the unobligated balances available within the
``DOD-VA Health Care Sharing Incentive Fund'', $40,000,000 are
hereby rescinded.
(rescissions of funds)
Sec. 236. Of the discretionary funds made available in
Public Law 114-113 for the Department of Veterans Affairs for
fiscal year 2017, $134,000,000 are rescinded from ``Medical
Services'', $26,000,000 are rescinded from ``Medical Support
and Compliance'', and $9,000,000 are rescinded from ``Medical
Facilities''.
Sec. 237. The amounts otherwise made available by this Act
for the following accounts of the Department of Veterans
Affairs are hereby reduced by the following amounts:
(1) ``Veterans Health Administration--Medical and
Prosthetic Research'', $2,000,000.
(2) ``Departmental Administration--Board of
Veterans Appeals'', $500,000.
(3) ``Veterans Benefits Administration--General
Operating Expenses, Veterans Benefits Administration'',
$12,000,000.
(4) ``Departmental Administration--Information
Technology Systems'', $8,000,000.
(5) ``Departmental Administration--Office of
Inspector General'', $500,000.
Sec. 238. The Secretary of Veterans Affairs shall ensure
that the toll-free suicide hotline under section 1720F(h) of
title 38, United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American
Association of Suicidology.
Sec. 239. (a) The Secretary of Veterans Affairs shall treat
a marriage and family therapist described in subsection (b) as
qualified to serve as a marriage and family therapist in the
Department of Veterans Affairs, regardless of any requirements
established by the Commission on Accreditation for Marriage and
Family Therapy Education.
(b) A marriage and family therapist described in this
subsection is a therapist who meets each of the following
criteria:
(1) Has a masters or higher degree in marriage and
family therapy, or a related field, from a regionally
accredited institution.
(2) Is licensed as a marriage and family therapist
in a State (as defined in section 101(20) of title 38,
United States Code) and possesses the highest level of
licensure offered from the State.
(3) Has passed the Association of Marital and
Family Therapy Regulatory Board Examination in Marital
and Family Therapy or a related examination for
licensure administered by a State (as so defined).
Sec. 240. None of the funds in this or any other Act may
be used to close Department of Veterans Affairs (VA) hospitals,
domiciliaries, or clinics, conduct an environmental assessment,
or to diminish healthcare services at existing Veterans Health
Administration medical facilities located in Veterans
Integrated Service Network 23 as part of a planned realignment
of VA services until the Secretary provides to the Committees
on Appropriations of both Houses of Congress a report including
the following elements:
(1) a national realignment strategy that includes a
detailed description of realignment plans within each
Veterans Integrated Service Network (VISN), including
an updated Long Range Capital Plan to implement
realignment requirements;
(2) an explanation of the process by which those
plans were developed and coordinated within each VISN;
(3) a cost vs. benefit analysis of each planned
realignment, including the cost of replacing Veterans
Health Administration services with contract care or
other outsourced services;
(4) an analysis of how any such planned realignment
of services will impact access to care for veterans
living in rural or highly rural areas, including travel
distances and transportation costs to access a VA
medical facility and availability of local specialty
and primary care;
(5) an inventory of VA buildings with historic
designation and the methodology used to determine the
buildings' condition and utilization;
(6) a description of how any realignment will be
consistent with requirements under the National
Historic Preservation Act; and
(7) consideration given for reuse of historic
buildings within newly identified realignment
requirements: Provided, That, this provision shall not
apply to capital projects in VISN 23, or any other
VISN, which have been authorized or approved by
Congress.
Sec. 241. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the
Department of Veterans Affairs may be used to transfer any
amounts from the Filipino Veterans Equity Compensation Fund to
any other account within the Department of Veterans Affairs.
Sec. 242. Paragraph (3) of section 403(a) of the Veterans'
Mental Health and Other Care Improvements Act of 2008 (Public
Law 110-387; 38 U.S.C. 1703 note) is amended to read as
follows:
``(3) Duration.--A veteran may receive health
services under this section during the period beginning
on the date specified in paragraph (2) and ending on
September 30, 2017.''.
Sec. 243. (a) Section 1722A(a) of title 38, United States
Code, is amended by adding at the end the following new
paragraph:
``(4) Paragraph (1) does not apply to opioid
antagonists furnished under this chapter to a veteran
who is at high risk for overdose of a specific
medication or substance in order to reverse the effect
of such an overdose.''.
(b) Section 1710(g)(3) of such title is amended--
(1) by striking ``with respect to home health
services'' and inserting ``with respect to the
following:''
``(A) Home health services''; and
(2) by adding at the end the following new
subparagraph:
``(B) Education on the use of opioid
antagonists to reverse the effects of overdoses
of specific medications or substances.''.
Sec. 244. Section 312 of title 38, United States Code, is
amended in subsection (c)(1) by striking the phrase ``that
makes a recommendation or otherwise suggests corrective
action,''.
Sec. 245. Of the funds provided to the Department of
Veterans Affairs for each of fiscal year 2017 and fiscal year
2018 for ``Medical Services'', funds may be used in each year
to carry out and expand the child care program authorized by
section 205 of Public Law 111-163, notwithstanding subsection
(e) of such section.
Sec. 246. Section 5701(l) of title 38, United States Code,
is amended by striking ``may'' and inserting ``shall''.
VA Patient Protection Act of 2016
Sec. 247. (a) Procedure and Administration.--
(1) In General.--Chapter 7 of title 38, United States Code,
is amended by adding at the end the following new subchapter:
``SUBCHAPTER II--WHISTLEBLOWER COMPLAINTS
``Sec. 731. Whistleblower complaint defined
``In this subchapter, the term `whistleblower complaint'
means a complaint by an employee of the Department disclosing,
or assisting another employee to disclose, a potential
violation of any law, rule, or regulation, or gross
mismanagement, gross waste of funds, abuse of authority, or
substantial and specific danger to public health and safety.
``Sec. 732. Treatment of whistleblower complaints
``(a) Filing.--(1) In addition to any other method
established by law in which an employee may file a
whistleblower complaint, an employee of the Department may file
a whistleblower complaint in accordance with subsection (g)
with a supervisor of the employee.
``(2) Except as provided by subsection (d)(1), in making a
whistleblower complaint under paragraph (1), an employee shall
file the initial complaint with the immediate supervisor of the
employee.
``(b) Notification.--(1)(A) Not later than four business
days after the date on which a supervisor receives a
whistleblower complaint by an employee under this section, the
supervisor shall notify, in writing, the employee of whether
the supervisor determines that there is a reasonable likelihood
that the complaint discloses a violation of any law, rule, or
regulation, or gross mismanagement, gross waste of funds, abuse
of authority, or substantial and specific danger to public
health and safety.
``(B) The supervisor shall retain written documentation
regarding the whistleblower complaint and shall submit to the
next-level supervisor and the central whistleblower office
described in subsection (h) a written report on the complaint.
``(2)(A) On a monthly basis, the supervisor shall submit to
the appropriate director or other official who is superior to
the supervisor a written report that includes the number of
whistleblower complaints received by the supervisor under this
section during the month covered by the report, the disposition
of such complaints, and any actions taken because of such
complaints pursuant to subsection (c).
``(B) In the case in which such a director or official
carries out this paragraph, the director or official shall
submit such monthly report to the supervisor of the director or
official and to the central whistleblower office described in
subsection (h).
``(c) Positive Determination.--If a supervisor makes a
positive determination under subsection (b)(1) regarding a
whistleblower complaint of an employee, the supervisor shall
include in the notification to the employee under such
subsection the specific actions that the supervisor will take
to address the complaint.
``(d) Filing Complaint With Next-Level Supervisors.--(1) If
any circumstance described in paragraph (3) is met, an employee
may file a whistleblower complaint in accordance with
subsection (g) with the next-level supervisor who shall treat
such complaint in accordance with this section.
``(2) An employee may file a whistleblower complaint with
the Secretary if the employee has filed the whistleblower
complaint to each level of supervisors between the employee and
the Secretary in accordance with paragraph (1).
``(3) A circumstance described in this paragraph is any of
the following circumstances:
``(A) A supervisor does not make a timely
determination under subsection (b)(1) regarding a
whistleblower complaint.
``(B) The employee who made a whistleblower
complaint determines that the supervisor did not
adequately address the complaint pursuant to subsection
(c).
``(C) The immediate supervisor of the employee is
the basis of the whistleblower complaint.
``(e) Transfer of Employee Who Files Whistleblower
Complaint.--If a supervisor makes a positive determination
under subsection (b)(1) regarding a whistleblower complaint
filed by an employee, the Secretary shall--
``(1) inform the employee of the ability to
volunteer for a transfer in accordance with section
3352 of title 5; and
``(2) give preference to the employee for such a
transfer in accordance with such section.
``(f) Prohibition on Exemption.--The Secretary may not
exempt any employee of the Department from being covered by
this section.
``(g) Whistleblower Complaint Form.--(1) A whistleblower
complaint filed by an employee under subsection (a) or (d)
shall consist of the form described in paragraph (2) and any
supporting materials or documentation the employee determines
necessary.
``(2) The form described in this paragraph is a form
developed by the Secretary, in consultation with the Special
Counsel, that includes the following:
``(A) An explanation of the purpose of the
whistleblower complaint form.
``(B) Instructions for filing a whistleblower
complaint as described in this section.
``(C) An explanation that filing a whistleblower
complaint under this section does not preclude the
employee from any other method established by law in
which an employee may file a whistleblower complaint.
``(D) A statement directing the employee to
information accessible on the Internet website of the
Department as described in section 735(d).
``(E) Fields for the employee to provide--
``(i) the date that the form is submitted;
``(ii) the name of the employee;
``(iii) the contact information of the
employee;
``(iv) a summary of the whistleblower
complaint (including the option to append
supporting documents pursuant to paragraph
(1)); and
``(v) proposed solutions to the complaint.
``(F) Any other information or fields that the
Secretary determines appropriate.
``(3) The Secretary, in consultation with the Special
Counsel, shall develop the form described in paragraph (2) by
not later than 60 days after the date of the enactment of this
section.
``(h) Central Whistleblower Office.--(1) The Secretary
shall ensure that the central whistleblower office--
``(A) is not an element of the Office of the
General Counsel;
``(B) is not headed by an official who reports to
the General Counsel;
``(C) does not provide, or receive from, the
General Counsel any information regarding a
whistleblower complaint except pursuant to an action
regarding the complaint before an administrative body
or court; and
``(D) does not provide advice to the General
Counsel.
``(2) The central whistleblower office shall be responsible
for investigating all whistleblower complaints of the
Department, regardless of whether such complaints are made by
or against an employee who is not a member of the Senior
Executive Service.
``(3) The Secretary shall ensure that the central
whistleblower office maintains a toll-free hotline to
anonymously receive whistleblower complaints.
``(4) The Secretary shall ensure that the central
whistleblower office has such staff and resources as the
Secretary considers necessary to carry out the functions of the
central whistleblower office.
``(5) In this subsection, the term `central whistleblower
office' means the Office of Accountability Review or a
successor office that is established or designated by the
Secretary to investigate whistleblower complaints filed under
this section or any other method established by law.
``Sec. 733. Adverse actions against supervisory employees who commit
prohibited personnel actions relating to
whistleblower complaints
``(a) In General.--(1) In accordance with paragraph (2),
the Secretary shall carry out the following adverse actions
against supervisory employees (as defined in section 7103(a) of
title 5) whom the Secretary, an administrative judge, the Merit
Systems Protection Board, the Office of Special Counsel, an
adjudicating body provided under a union contract, a Federal
judge, or the Inspector General of the Department determines
committed a prohibited personnel action described in subsection
(c):
``(A) With respect to the first offense, an adverse
action that is not less than a 12-day suspension and
not more than removal.
``(B) With respect to the second offense, removal.
``(2)(A) An employee against whom an adverse action under
paragraph (1) is proposed is entitled to written notice.
``(B)(i) An employee who is notified under subparagraph (A)
of being the subject of a proposed adverse action under
paragraph (1) is entitled to 14 days following such
notification to answer and furnish evidence in support of the
answer.
``(ii) If the employee does not furnish any such evidence
as described in clause (i) or if the Secretary determines that
such evidence is not sufficient to reverse the determination to
propose the adverse action, the Secretary shall carry out the
adverse action following such 14-day period.
``(C) Paragraphs (1) and (2) of subsection (b) of section
7513 of title 5, subsection (c) of such section, paragraphs (1)
and (2) of subsection (b) of section 7543 of such title, and
subsection (c) of such section shall not apply with respect to
an adverse action carried out under paragraph (1).
``(b) Limitation on Other Adverse Actions.--With respect to
a prohibited personnel action described in subsection (c), if
the Secretary carries out an adverse action against a
supervisory employee, the Secretary may carry out an additional
adverse action under this section based on the same prohibited
personnel action if the total severity of the adverse actions
do not exceed the level specified in subsection (a).
``(c) Prohibited Personnel Action Described.--A prohibited
personnel action described in this subsection is any of the
following actions:
``(1) Taking or failing to take a personnel action
in violation of section 2302 of title 5 against an
employee relating to the employee--
``(A) filing a whistleblower complaint in
accordance with section 732 of this title;
``(B) filing a whistleblower complaint with
the Inspector General of the Department, the
Special Counsel, or Congress;
``(C) providing information or
participating as a witness in an investigation
of a whistleblower complaint in accordance with
section 732 or with the Inspector General of
the Department, the Special Counsel, or
Congress;
``(D) participating in an audit or
investigation by the Comptroller General of the
United States;
``(E) refusing to perform an action that is
unlawful or prohibited by the Department; or
``(F) engaging in communications that are
related to the duties of the position or are
otherwise protected.
``(2) Preventing or restricting an employee from
making an action described in any of subparagraphs (A)
through (F) of paragraph (1).
``(3) Conducting a negative peer review or opening
a retaliatory investigation because of an activity of
an employee that is protected by section 2302 of title
5.
``(4) Requesting a contractor to carry out an
action that is prohibited by section 4705(b) or section
4712(a)(1) of title 41, as the case may be.
``Sec. 734. Evaluation criteria of supervisors and treatment of bonuses
``(a) Evaluation Criteria.--(1) In evaluating the
performance of supervisors of the Department, the Secretary
shall include the criteria described in paragraph (2).
``(2) The criteria described in this subsection are the
following:
``(A) Whether the supervisor treats whistleblower
complaints in accordance with section 732 of this
title.
``(B) Whether the appropriate deciding official,
performance review board, or performance review
committee determines that the supervisor was found to
have committed a prohibited personnel action described
in section 733(b) of this title by an administrative
judge, the Merit Systems Protection Board, the Office
of Special Counsel, an adjudicating body provided under
a union contract, a Federal judge, or, in the case of a
settlement of a whistleblower complaint (regardless of
whether any fault was assigned under such settlement),
the Secretary.
``(b) Bonuses.--(1) The Secretary may not pay to a
supervisor described in subsection (a)(2)(B) an award or bonus
under this title or title 5, including under chapter 45 or 53
of such title, during the one-year period beginning on the date
on which the determination was made under such subsection.
``(2) Notwithstanding any other provision of law, the
Secretary shall issue an order directing a supervisor described
in subsection (a)(2)(B) to repay the amount of any award or
bonus paid under this title or title 5, including under chapter
45 or 53 of such title, if--
``(A) such award or bonus was paid for performance
during a period in which the supervisor committed a
prohibited personnel action as determined pursuant to
such subsection (a)(2)(B);
``(B) the Secretary determines such repayment
appropriate pursuant to regulations prescribed by the
Secretary to carry out this section; and
``(C) the supervisor is afforded notice and an
opportunity for a hearing before making such repayment.
``Sec. 735. Training regarding whistleblower complaints
``(a) Training.--Not less frequently than once each year,
the Secretary, in coordination with the Whistleblower
Protection Ombudsman designated under section 3(d)(1)(C) of the
Inspector General Act of 1978 (5 U.S.C. App.), shall provide to
each employee of the Department training regarding
whistleblower complaints, including--
``(1) an explanation of each method established by
law in which an employee may file a whistleblower
complaint;
``(2) an explanation of prohibited personnel
actions described by section 733(c) of this title;
``(3) with respect to supervisors, how to treat
whistleblower complaints in accordance with section 732
of this title;
``(4) the right of the employee to petition
Congress regarding a whistleblower complaint in
accordance with section 7211 of title 5;
``(5) an explanation that the employee may not be
prosecuted or reprised against for disclosing
information to Congress, the Inspector General, or
another investigatory agency in instances where such
disclosure is permitted by law, including under
sections 5701, 5705, and 7732 of this title, under
section 552a of title 5 (commonly referred to as the
Privacy Act), under chapter 93 of title 18, and
pursuant to regulations promulgated under section
264(c) of the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191);
``(6) an explanation of the language that is
required to be included in all nondisclosure policies,
forms, and agreements pursuant to section 115(a)(1) of
the Whistleblower Protection Enhancement Act of 2012 (5
U.S.C. 2302 note); and
``(7) the right of contractors to be protected from
reprisal for the disclosure of certain information
under section 4705 or 4712 of title 41.
``(b) Manner Training Is Provided.--The Secretary shall
ensure that training provided under subsection (a) is provided
in person.
``(c) Certification.--Not less frequently than once each
year, the Secretary shall provide training on merit system
protection in a manner that the Special Counsel certifies as
being satisfactory.
``(d) Publication.--(1) The Secretary shall publish on the
Internet website of the Department, and display prominently at
each facility of the Department, the rights of an employee to
file a whistleblower complaint, including the information
described in paragraphs (1) through (7) of subsection (a).
``(2) The Secretary shall publish on the Internet website
of the Department, the whistleblower complaint form described
in section 732(g)(2).
``Sec. 736. Reports to Congress
``(a) Annual Reports.--Not less frequently than once each
year, the Secretary shall submit to the appropriate committees
of Congress a report that includes--
``(1) with respect to whistleblower complaints
filed under section 732 of this title during the year
covered by the report--
``(A) the number of such complaints filed;
``(B) the disposition of such complaints;
and
``(C) the ways in which the Secretary
addressed such complaints in which a positive
determination was made by a supervisor under
subsection (b)(1) of such section;
``(2) the number of whistleblower complaints filed
during the year covered by the report that are not
included under paragraph (1), including--
``(A) the method in which such complaints
were filed;
``(B) the disposition of such complaints;
and
``(C) the ways in which the Secretary
addressed such complaints; and
``(3) with respect to disclosures made by a
contractor under section 4705 or 4712 of title 41--
``(A) the number of complaints relating to
such disclosures that were investigated by the
Inspector General of the Department of Veterans
Affairs during the year covered by the report;
``(B) the disposition of such complaints;
and
``(C) the ways in which the Secretary
addressed such complaints.
``(b) Notice of Office of Special Counsel Determinations.--
Not later than 30 days after the date on which the Secretary
receives from the Special Counsel information relating to a
whistleblower complaint pursuant to section 1213 of title 5,
the Secretary shall notify the appropriate committees of
Congress of such information, including the determination made
by the Special Counsel.
``(c) Appropriate Committees of Congress.--In this section,
the term `appropriate committees of Congress' means--
``(1) the Committee on Veterans' Affairs and the
Committee on Homeland Security and Governmental Affairs
of the Senate; and
``(2) the Committee on Veterans' Affairs and the
Committee on Oversight and Government Reform of the
House of Representatives.''.
(2) Conforming and Clerical Amendments.--
(A) Conforming amendment.--Such chapter is further
amended by inserting before section 701 the following:
``SUBCHAPTER I--GENERAL EMPLOYEE MATTERS''.
(B) Clerical amendments.--The table of sections at
the beginning of such chapter is amended--
(i) by inserting before the item relating
to section 701 the following new item:
``subchapter i--general employee matters'';
and
(ii) by adding at the end the following new
items:
``subchapter ii--whistleblower complaints
``731. Whistleblower complaint defined.
``732. Treatment of whistleblower complaints.
``733. Adverse actions against supervisory employees who commit
prohibited personnel actions relating to whistleblower
complaints.
``734. Evaluation criteria of supervisors and treatment of bonuses.
``735. Training regarding whistleblower complaints.
``736. Reports to Congress.''.
(b) Treatment of Congressional Testimony by Department of
Veterans Affairs Employees as Official Duty.--
(1) In general.--Subchapter I of chapter 7 of title
38, United States Code, as designated by section
2(a)(2)(A), is amended by adding at the end the
following new section:
``Sec. 715. Congressional testimony by employees: treatment as official
duty
``(a) Congressional Testimony.--An employee of the
Department is performing official duty during the period with
respect to which the employee is testifying in an official
capacity in front of either chamber of Congress, a committee of
either chamber of Congress, or a joint or select committee of
Congress.
``(b) Travel Expenses.--The Secretary shall provide travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, to any employee of the Department of
Veterans Affairs performing official duty described under
subsection (a).''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter, as amended by section
2(a)(2)(B), is further amended by inserting after the
item relating to section 713 the following new item:
``715. Congressional testimony by employees: treatment as official
duty.''.
Sec. 248. (a) In General.--For the purposes of verifying
that an individual performed service under honorable conditions
that satisfies the requirements of a coastwise merchant seaman
who is recognized pursuant to section 401 of the GI Bill
Improvement Act of 1977 (Public Law 95-202; 38 U.S.C. 106 note)
as having performed active duty service for the purposes
described in subsection (c)(1), the Secretary of Defense shall
accept the following:
(1) In the case of an individual who served on a
coastwise merchant vessel seeking such recognition for
whom no applicable Coast Guard shipping or discharge
form, ship logbook, merchant mariner's document or Z-
card, or other official employment record is available,
the Secretary of Defense shall provide such recognition
on the basis of applicable Social Security
Administration records submitted for or by the
individual, together with validated testimony given by
the individual or the primary next of kin of the
individual that the individual performed such service
during the period beginning on December 7, 1941, and
ending on December 31, 1946.
(2) In the case of an individual who served on a
coastwise merchant vessel seeking such recognition for
whom the applicable Coast Guard shipping or discharge
form, ship logbook, merchant mariner's document or Z-
card, or other official employment record has been
destroyed or otherwise become unavailable by reason of
any action committed by a person responsible for the
control and maintenance of such form, logbook, or
record, the Secretary of Defense shall accept other
official documentation demonstrating that the
individual performed such service during period
beginning on December 7, 1941, and ending on December
31, 1946.
(3) For the purpose of determining whether to
recognize service allegedly performed during the period
beginning on December 7, 1941, and ending on December
31, 1946, the Secretary shall recognize masters of
seagoing vessels or other officers in command of
similarly organized groups as agents of the United
States who were authorized to document any individual
for purposes of hiring the individual to perform
service in the merchant marine or discharging an
individual from such service.
(b) Treatment of Other Documentation.--Other documentation
accepted by the Secretary of Defense pursuant to subsection
(a)(2) shall satisfy all requirements for eligibility of
service during the period beginning on December 7, 1941, and
ending on December 31, 1946.
(c) Benefits Allowed.--
(1) Medals, ribbons, and decorations.--An
individual whose service is recognized as active duty
pursuant to subsection (a) may be awarded an
appropriate medal, ribbon, or other military decoration
based on such service.
(2) Status of veteran.--An individual whose service
is recognized as active duty pursuant to subsection (a)
shall be honored as a veteran but shall not be entitled
by reason of such recognized service to any benefit
that is not described in this subsection.
Sec. 249. Section 322(d)(1) of title 38, United States
Code, is amended--
(1) by striking ``allowance to a veteran'' and
inserting the following: ``allowance to--
``(A) a veteran'';
(2) in subparagraph (A), as designated by paragraph
(1), by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following new
subparagraph:
``(B) a veteran with a VA service-connected
disability rated as 30 percent or greater by the
Department of Veterans Affairs who is selected by the
United States Olympic Committee for the United States
Olympic Team for any month in which the veteran is
competing in any event sanctioned by the National
Governing Bodies of the United States Olympic
Sports.''.
Sec. 250. (a) In General.--Section 111(b)(1) of title 38,
United States Code, is amended by adding at the end the
following new subparagraph:
``(G) A veteran with vision impairment, a veteran
with a spinal cord injury or disorder, or a veteran
with double or multiple amputations whose travel is in
connection with care provided through a special
disabilities rehabilitation program of the Department
(including programs provided by spinal cord injury
centers, blind rehabilitation centers, and prosthetics
rehabilitation centers) if such care is provided--
``(i) on an in-patient basis; or
``(ii) during a period in which the
Secretary provides the veteran with temporary
lodging at a facility of the Department to make
such care more accessible to the veteran.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of
Representatives a report on the beneficiary travel program
under section 111 of title 38, United States Code, as amended
by subsection (a), that includes the following:
(1) The cost of the program.
(2) The number of veterans served by the program.
(3) Such other matters as the Secretary considers
appropriate.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on the first day of the first fiscal year
that begins after the date of the enactment of this Act.
Sec. 251. (a) In General.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall establish a program to conduct inspections of
kitchens and food service areas at each medical facility of the
Department of Veterans Affairs. Such inspections shall occur
not less frequently than annually. The program's goal is to
ensure that the same standards for kitchens and food service
areas at hospitals in the private sector are being met at
kitchens and food service areas at medical facilities of the
Department.
(b) Agreement.--
(1) In general.--The Secretary shall seek to enter
into an agreement with the Joint Commission on
Accreditation of Hospital Organizations under which the
Joint Commission on Accreditation of Hospital
Organizations conducts the inspections required under
subsection (a).
(2) Alternate organization.--If the Secretary is
unable to enter into an agreement described in
paragraph (1) with the Joint Commission on
Accreditation of Hospital Organizations on terms
acceptable to the Secretary, the Secretary shall seek
to enter into such an agreement with another
appropriate organization that--
(A) is not part of the Federal Government;
(B) operates as a not-for-profit entity;
and
(C) has expertise and objectivity
comparable to that of the Joint Commission on
Accreditation of Hospital Organizations.
(c) Remediation Plan.--
(1) Initial failure.--If a kitchen or food service
area of a medical facility of the Department is
determined pursuant to an inspection conducted under
subsection (a) not to meet the standards for kitchens
and food service areas in hospitals in the private
sector, that medical facility fails the inspection and
the Secretary shall--
(A) implement a remediation plan for that
medical facility within 72 hours; and
(B) Conduct a second inspection under
subsection (a) at that medical facility within
14 days of the failed inspection.
(2) Second failure.--If a medical facility of the
Department fails the second inspection conducted under
paragraph (1)(B), the Secretary shall close the kitchen
or food service area at that medical facility that did
not meet the standards for kitchens and food service
areas in hospitals in the private sector until full
remediation is completed and all kitchens and food
service areas at that medical facility meet such
standards.
(3) Provision of food.--If a kitchen or food
service area is closed at a medical facility of the
Department pursuant to paragraph (2), the Director of
the Veterans Integrated Service Network in which the
medical facility is located shall enter into a contract
with a vendor approved by the General Services
Administration to provide food at the medical facility.
(d) Quarterly Reports.--Not less frequently than quarterly,
the Under Secretary of Health shall submit to Congress a report
on inspections conducted under this section, and their detailed
findings and actions taken, during the preceding quarter at
medical facilities of the Department.
Sec. 252. (a) In General.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall establish a program to conduct risk-based
inspections for mold and mold issues at each medical facility
of the Department of Veterans Affairs. Such facilities will be
rated high, medium, or low risk for mold. Such inspections at
facilities rated high risk shall occur not less frequently than
annually, and such inspections at facilities rated medium or
low risk shall occur not less frequently than biennially.
(b) Agreement.--
(1) In general.--The Secretary shall seek to enter
into an agreement with the Joint Commission on
Accreditation of Hospital Organizations under which the
Joint Commission on Accreditation of Hospital
Organizations conducts the inspections required under
subsection (a).
(2) Alternate organization.--If the Secretary is
unable to enter into an agreement described in
paragraph (1) with the Joint Commission on
Accreditation of Hospital Organizations on terms
acceptable to the Secretary, the Secretary shall seek
to enter into such an agreement with another
appropriate organization that--
(A) is not part of the Federal Government;
(B) operates as a not-for-profit entity;
and
(C) has expertise and objectivity
comparable to that of the Joint Commission on
Accreditation of Hospital Organizations.
(c) Remediation Plan.--If a medical facility of the
Department is determined pursuant to an inspection conducted
under subsection (a) to have a mold issue, the Secretary
shall--
(1) implement a remediation plan for that medical
facility within 7 days; and
(2) Conduct a second inspection under subsection
(a) at that medical facility within 90 days of the
initial inspection.
(d) Quarterly Reports.--Not less frequently than quarterly,
the Under Secretary for Health shall submit to Congress a
report on inspections conducted under this section, and their
detailed findings and actions taken, during the preceding
quarter at medical facilities of the Department.
Sec. 253. Section 1706(b)(5)(A) of title 38, United States
Code, is amended, in the first sentence, by striking ``through
2008''.
Sec. 254. (a) The Secretary of Veterans Affairs may use
amounts appropriated or otherwise made available in this title
to ensure that the ratio of veterans to full-time employment
equivalents within any program of rehabilitation conducted
under chapter 31 of title 38, United States Code, does not
exceed 125 veterans to one full-time employment equivalent.
(b) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on
the programs of rehabilitation conducted under chapter 31 of
title 38, United States Code, including--
(1) an assessment of the veteran-to-staff ratio for
each such program; and
(2) recommendations for such action as the
Secretary considers necessary to reduce the veteran-to-
staff ratio for each such program.
Sec. 255. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this Act
timely access to any records, documents, or other materials
available to the department or agency over which that Inspector
General has responsibilities under the Inspector General Act of
1978 (5 U.S.C. App.), or to prevent or impede that Inspector
General's access to such records, documents, or other
materials, under any provision of law, except a provision of
law that expressly refers to the Inspector General and
expressly limits the Inspector General's right of access.
(b) A department or agency covered by this section shall
provide its Inspector General with access to all such records,
documents, and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with
statutory limitations on disclosure relevant to the information
provided by the establishment over which that Inspector General
has responsibilities under the Inspector General Act of 1978 (5
U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committees on Appropriations of the House of
Representatives and the Senate within 5 calendar days any
failures to comply with this requirement.
Sec. 256. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of
Veterans Affairs to enter into an agreement related to
resolving a dispute or claim with an individual that would
restrict in any way the individual from speaking to members of
Congress or their staff on any topic not otherwise prohibited
from disclosure by Federal law or required by Executive Order
to be kept secret in the interest of national defense or the
conduct of foreign affairs.
Sec. 257. Appropriations made available in this Act under
the heading ``Medical Services'' shall be available to carry
out sections 322(d) and 521A of title 38, United States Code,
to include the payment of the administrative expenses necessary
to carry out such sections. Of the amount appropriated for
fiscal year 2017, up to $2,000,000 shall be available for the
payment of monthly assistance allowances to veterans pursuant
to 38 U.S.C. 322(d) and up to $8,000,000 shall be available for
the payment of grants pursuant to 38 U.S.C. 521A. Of the
amounts appropriated in advance for fiscal year 2018, up to
$2,000,000 shall be available for the payment of monthly
assistance allowances to veterans pursuant to 38 U.S.C. 322(d)
and up to $8,000,000 shall be available for the payment of
grants pursuant to 38 U.S.C. 521A.
Sec. 258. (a) In fiscal year 2017 and each fiscal year
hereafter, beginning with the fiscal year 2018 budget request
submitted to Congress pursuant to section 1105(a) of title 31,
United States Code, the budget justification documents
submitted for the ``Construction, Major Projects'' account of
the Department of Veterans Affairs shall include, at a minimum,
the information required under subsection (b).
(b) The budget justification documents submitted pursuant
to subsection (a) shall include, for each project--
(1) the estimated total cost of the project;
(2) the funding provided for each fiscal year prior
to the budget year;
(3) the amount requested for the budget year;
(4) the estimated funding required for the project
for each of the 4 fiscal years succeeding the budget
year; and
(5) such additional information as is enumerated
under the heading relating to the ``Construction, Major
Projects'' account of the Department of Veterans
Affairs in the joint explanatory statement accompanying
this Act.
(c) Not later than 45 days after the date of enactment of
this Act, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a
proposed budget justification template that complies with the
requirements of this section.
Sec. 259. (a) The Secretary of Veterans Affairs may carry
out the following major medical facility projects, with each
project to be carried out in an amount not to exceed the amount
specified for that project:
(1) Seismic corrections to buildings, including
retrofitting and replacement of high-risk buildings, in
San Francisco, California, in an amount not to exceed
$180,480,000.
(2) Seismic corrections to facilities, including
facilities to support homeless veterans, at the medical
center in West Los Angeles, California, in an amount
not to exceed $105,500,000.
(3) Seismic corrections to the mental health and
community living center in Long Beach, California, in
an amount not to exceed $287,100,000.
(4) Construction of an outpatient clinic,
administrative space, cemetery, and columbarium in
Alameda, California, in an amount not to exceed
$87,332,000.
(5) Realignment of medical facilities in Livermore,
California, in an amount not to exceed $194,430,000.
(6) Construction of a medical center in Louisville,
Kentucky, in an amount not to exceed $150,000,000.
(7) Construction of a replacement community living
center in Perry Point, Maryland, in an amount not to
exceed $92,700,000.
(8) Seismic corrections and other renovations to
several buildings and construction of a specialty care
building in American Lake, Washington, in an amount not
to exceed $16,260,000.
(b) There is authorized to be appropriated to the Secretary
of Veterans Affairs for fiscal year 2016 or the year in which
funds are appropriated for the Construction, Major Projects,
account, $1,113,802,000 for the projects authorized in
subsection (a).
(c) The projects authorized in subsection (a) may only be
carried out using--
(1) funds appropriated for fiscal year 2016
pursuant to the authorization of appropriations in
subsection (b);
(2) funds available for Construction, Major
Projects, for a fiscal year before fiscal year 2016
that remain available for obligation;
(3) funds available for Construction, Major
Projects, for a fiscal year after fiscal year 2016 that
remain available for obligation;
(4) funds appropriated for Construction, Major
Projects, for fiscal year 2016 for a category of
activity not specific to a project;
(5) funds appropriated for Construction, Major
Projects, for a fiscal year before fiscal year 2016 for
a category of activity not specific to a project; and
(6) funds appropriated for Construction, Major
Projects, for a fiscal year after fiscal year 2016 for
a category of activity not specific to a project.
Sec. 260. (a) Notwithstanding any other provision of law,
the amounts appropriated or otherwise made available to the
Department of Veterans Affairs for the ``Medical Services''
account may be used to provide--
(1) fertility counseling and treatment using
assisted reproductive technology to a covered veteran
or the spouse of a covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ``service-connected'' has the meaning
given such term in section 101 of title 38, United
States Code.
(2) The term ``covered veteran'' means a veteran,
as such term is defined in section 101 of title 38,
United States Code, who has a service-connected
disability that results in the inability of the veteran
to procreate without the use of fertility treatment.
(3) The term ``assisted reproductive technology''
means benefits relating to reproductive assistance
provided to a member of the Armed Forces who incurs a
serious injury or illness on active duty pursuant to
section 1074(c)(4)(A) of title 10, United States Code,
as described in the memorandum on the subject of
``Policy for Assisted Reproductive Services for the
Benefit of Seriously or Severely Ill/Injured (Category
II or III) Active Duty Service Members'' issued by the
Assistant Secretary of Defense for Health Affairs on
April 3, 2012, and the guidance issued to implement
such policy, including any limitations on the amount of
such benefits available to such a member.
(4) The term ``adoption reimbursement'' means
reimbursement for the adoption-related expenses for an
adoption that is finalized after the date of the
enactment of this Act under the same terms as apply
under the adoption reimbursement program of the
Department of Defense, as authorized in Department of
Defense Instruction 1341.09, including the
reimbursement limits and requirements set forth in such
instruction.
(c) Amounts made available for the purposes specified in
subsection (a) of this section are subject to the requirements
for funds contained in section 508 of division H of the
Consolidated Appropriations Act, 2016 (Public Law 114-113).
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and
monuments outside of the United States and its territories and
possessions; rent of office and garage space in foreign
countries; purchase (one-for-one replacement basis only) and
hire of passenger motor vehicles; not to exceed $7,500 for
official reception and representation expenses; and insurance
of official motor vehicles in foreign countries, when required
by law of such countries, $75,100,000, to remain available
until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$30,945,000: Provided, That $2,500,000 shall be available for
the purpose of providing financial assistance as described, and
in accordance with the process and reporting procedures set
forth, under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-for-
one basis only, and not to exceed $1,000 for official reception
and representation expenses, $70,800,000, of which not to
exceed $15,000,000 shall remain available until September 30,
2019. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the
``Lease of Department of Defense Real Property for Defense
Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$64,300,000, of which $1,000,000 shall remain available until
expended for construction and renovation of the physical plants
at the Armed Forces Retirement Home--Washington, District of
Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi: Provided, That of the amounts made available
under this heading from funds available in the Armed Forces
Retirement Home Trust Fund, $22,000,000 shall be paid from the
general fund of the Treasury to the Trust Fund.
Administrative Provisions
Sec. 301. Funds appropriated in this Act under the heading
``Department of Defense--Civil, Cemeterial Expenses, Army'',
may be provided to Arlington County, Virginia, for the
relocation of the federally owned water main at Arlington
National Cemetery, making additional land available for ground
burials.
Sec. 302. Amounts deposited into the special account
established under 10 U.S.C. 4727 are appropriated and shall be
available until expended to support activities at the Army
National Military Cemeteries.
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction,
Army'', $18,900,000, to remain available until September 30,
2021, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $59,809,000, to remain available until
September 30, 2021, for projects outside of the United States:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'' $88,291,000, to remain available until September 30,
2021, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $5,000,000, to remain available until September
30, 2021, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Administrative Provision
Sec. 401. Each amount designated in this Act by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985 shall be
available only if the President subsequently so designates all
such amounts and transmits such designations to the Congress.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment,
the protection of private property rights, or unfunded
mandates.
Sec. 503. All departments and agencies funded under this
Act are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ``E-Commerce''
technologies and procedures in the conduct of their business
practices and public service activities.
Sec. 504. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs, and
Related Agencies of the Committee on Appropriations of the
House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the Senate.
Sec. 505. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this or any other
appropriations Act.
Sec. 506. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of the
United States House of Representatives.
Sec. 507. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
national security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less than
45 days.
Sec. 508. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 509. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for first-
class travel by an employee of the agency in contravention of
sections 301-10.122 through 301-10.124 of title 41, Code of
Federal Regulations.
Sec. 510. None of the funds made available in this Act may
be used to execute a contract for goods or services, including
construction services, where the contractor has not complied
with Executive Order No. 12989.
Sec. 511. None of the funds made available by this Act may
be used by the Department of Defense or the Department of
Veterans Affairs to lease or purchase new light duty vehicles
for any executive fleet, or for an agency's fleet inventory,
except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 512. (a) In General.--None of the funds appropriated
or otherwise made available to the Department of Defense in
this Act may be used to construct, renovate, or expand any
facility in the United States, its territories, or possessions
to house any individual detained at United States Naval
Station, Guantanamo Bay, Cuba, for the purposes of detention or
imprisonment in the custody or under the control of the
Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective
control of the Department of Defense; or
(B) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2017''.
DIVISION B--ZIKA RESPONSE AND PREPAREDNESS
TITLE I
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
For an additional amount for fiscal year 2016 for ``CDC-
Wide Activities and Program Support'', $476,000,000, to remain
available until September 30, 2017, to prevent, prepare for,
and respond to Zika virus, health conditions related to such
virus, and other vector-borne diseases, domestically and
internationally: Provided, That products purchased with these
funds may, at the discretion of the Secretary of Health and
Human Services, be deposited in the Strategic National
Stockpile under section 319F-2 of the Public Health Service
(``PHS'') Act: Provided further, That funds may be used for
purchase and insurance of official motor vehicles in foreign
countries: Provided further, That the provisions in section
317S of the PHS Act shall apply to the use of funds
appropriated in this paragraph as determined by the Director of
the Centers for Disease Control and Prevention to be
appropriate: Provided further, That funds appropriated in this
paragraph may be used for grants for the construction,
alteration, or renovation of non-federally owned facilities to
improve preparedness and response capability at State and local
laboratories: Provided further, That of the amount
appropriated in this paragraph, $88,000,000 may be used to
reimburse accounts administered by the Centers for Disease
Control and Prevention for obligations incurred for Zika virus
response prior to the enactment of this Act: Provided further,
That such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
National Institutes of Health
national institute of allergy and infectious diseases
(including transfer of funds)
For an additional amount for fiscal year 2016 for
``National Institute of Allergy and Infectious Diseases'',
$230,000,000, to remain available until September 30, 2017, for
research on the virology, natural history, and pathogenesis of
the Zika virus infection and preclinical and clinical
development of vaccines and other medical countermeasures for
the Zika virus and other vector-borne diseases, domestically
and internationally: Provided, That such funds may be
transferred by the Director of the National Institutes of
Health (``NIH'') to other accounts of the NIH for the purposes
provided in this paragraph: Provided further, That such amount
is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Office of the Secretary
public health and social services emergency fund
(including transfer of funds)
For an additional amount for fiscal year 2016 for ``Public
Health and Social Services Emergency Fund'', $227,000,000, to
remain available until September 30, 2017, to prevent, prepare
for, and respond to Zika virus, health conditions related to
such virus, and other vector-borne diseases, domestically and
internationally; to develop necessary countermeasures and
vaccines, including the development and purchase of vaccines,
therapeutics, diagnostics, necessary medical supplies, and
administrative activities; for additional payments for
distribution as provided for under the ``Social Services Block
Grant Program''; and for carrying out sections 330 through 336
and 338 of the PHS Act: Provided, That funds appropriated in
this paragraph may be used to procure security countermeasures
(as defined in section 319F-2(c)(1)(B) of the PHS Act):
Provided further, That paragraphs (1) and (7)(C) of subsection
(c) of section 319F-2 of the PHS Act, but no other provisions
of such section, shall apply to such security countermeasures
procured with funds appropriated in this paragraph: Provided
further, That products purchased with funds appropriated in
this paragraph may, at the discretion of the Secretary of
Health and Human Services, be deposited in the Strategic
National Stockpile under section 319F-2 of the PHS Act:
Provided further, That funds appropriated in this paragraph may
be transferred to the fund authorized by section 319F-4 of the
PHS Act: Provided further, That of the funds appropriated
under this heading, $95,000,000 shall be transferred to the
``Social Services Block Grant'' for health services provided by
public health departments, hospitals, or reimbursed through
public health plans, notwithstanding section 2005(a)(4) of the
Social Security Act, in States, territories, or tribal lands
with active or local transmission cases of the Zika virus, as
confirmed by the Centers for Disease Control and Prevention, of
which not less than $80,000,000 shall be for territories with
the highest rates of Zika transmission: Provided further, That
the Secretary of Health and Human Services shall distribute
funds transferred to the ``Social Services Block Grant'' in
this paragraph in accordance with objective criteria that are
made available to the public: Provided further, That of the
funds appropriated under this heading, $40,000,000 shall be
used to expand the delivery of primary health services
authorized by section 330 of the PHS Act in Puerto Rico and
other territories: Provided further, That of the funds
appropriated under this heading, $6,000,000 shall, for purposes
of providing primary health services in areas affected by Zika
virus or other vector-borne diseases, be used to assign
National Health Service Corps (NHSC) members to Puerto Rico and
other territories, notwithstanding the assignment priorities
and limitations in or under sections 333(a)(1)(D), 333(b), or
333A(a) of the PHS Act, and to make NHSC Loan Repayment Program
awards under section 338B of such Act: Provided further, That
for purposes of the previous proviso, section 331(a)(3)(D) of
the PHS Act shall be applied as if the term ``primary health
services'' included health services regarding pediatric
subspecialists: Provided further, That such amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
direct hires
Sec. 101. Funds appropriated by this title may be used by
the heads of the Department of Health and Human Services,
Department of State, and the United States Agency for
International Development to appoint, without regard to the
provisions of sections 3309 through 3319 of title 5 of the
United States Code, candidates needed for positions to perform
critical work relating to Zika response for which--
(1) public notice has been given; and
(2) the Secretary of Health and Human Services has
determined that such a public health threat exists.
transfer authorities
Sec. 102. Funds appropriated by this title may be
transferred to, and merged with, other appropriation accounts
under the headings ``Centers for Disease Control and
Prevention'', ``Public Health and Social Services Emergency
Fund'', and ``National Institutes of Health'' for the purposes
specified in this title following consultation with the Office
of Management and Budget: Provided, That the Committees on
Appropriations shall be notified 10 days in advance of any such
transfer: Provided further, That, upon a determination that
all or part of the funds transferred from an appropriation are
not necessary, such amounts may be transferred back to that
appropriation: Provided further, That none of the funds made
available by this title may be transferred pursuant to the
authority in section 205 of division H of Public Law 114-113 or
section 241(a) of the PHS Act.
reporting requirements
Sec. 103. Not later than 30 days after enactment of this
Act, the Secretary of Health and Human Services shall provide a
detailed spend plan of anticipated uses of funds made available
in this title, including estimated personnel and administrative
costs, to the Committees on Appropriations: Provided, That
such plans shall be updated and submitted to the Committees on
Appropriations every 60 days until September 30, 2017.
oversight
Sec. 104. Of the funds appropriated by this title under
the heading ``Public Health and Social Services Emergency
Fund'', up to--
(1) $500,000 shall be transferred to, and merged
with, funds made available under the heading ``Office
of the Secretary, Office of Inspector General'', and
shall remain available until expended, for oversight of
activities supported with funds appropriated by this
title: Provided, That the Secretary of Health and
Human Services shall consult with the Committees on
Appropriations prior to obligating such funds:
Provided further, That the transfer authority provided
by this paragraph is in addition to any other transfer
authority provided by law; and
(2) $500,000 shall be made available to the
Comptroller General of the United States, and shall
remain available until expended, for oversight of
activities supported with funds appropriated by this
title: Provided, That the Comptroller General shall
consult with the Committees on Appropriations prior to
obligating such funds.
TITLE II
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for fiscal year 2016 for
``Diplomatic and Consular Programs'', $14,594,000, to remain
available until September 30, 2017, for necessary expenses to
support response efforts related to the Zika virus, health
conditions related to such virus, and other vector-borne
diseases: Provided, That such funds may be made available for
medical evacuation costs of any other department or agency of
the United States under Chief of Mission authority, and may be
transferred to any other appropriation of such department or
agency for such costs: Provided further, That such amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
emergencies in the diplomatic and consular service
For an additional amount for fiscal year 2016 for
``Emergencies in the Diplomatic and Consular Service'',
$4,000,000, for necessary expenses to support response efforts
related to the Zika virus, health conditions related to such
virus, and other vector-borne diseases, to remain available
until September 30, 2017: Provided, That such amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
repatriation loans program account
For an additional amount for fiscal year 2016 for
``Repatriation Loans Program Account'' for the cost of direct
loans, $1,000,000, to support response efforts related to the
Zika virus, health conditions related to such virus, and other
vector-borne diseases, to remain available until September 30,
2017: Provided, That such costs, including costs of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such
funds are available to subsidize an additional amount of gross
obligations for the principal amount of direct loans not to
exceed $1,880,406: Provided further, That such amount is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for fiscal year 2016 for
``Operating Expenses'', $10,000,000, to remain available until
September 30, 2017, for necessary expenses to support response
efforts related to the Zika virus, health conditions related to
such virus, and other vector-borne diseases: Provided, That
such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health programs
For an additional amount for fiscal year 2016 for ``Global
Health Programs'', $145,500,000, to remain available until
September 30, 2017, for necessary expenses to prevent, prepare
for, and respond to the Zika virus, health conditions related
to such virus, and other vector-borne diseases: Provided, That
funds appropriated under this heading shall be made available
for vector control activities, vaccines, diagnostics, and
vector control technologies: Provided further, That funds
appropriated under this heading may be made available as
contributions to the World Health Organization, the United
Nations Children's Fund, the Pan American Health Organization,
the International Atomic Energy Agency, and the Food and
Agriculture Organization: Provided further, That funds made
available under this heading shall be subject to prior
consultation with the Committees on Appropriations: Provided
further, That none of the funds appropriated under this heading
may be made available for the Grand Challenges for Development
program: Provided further, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
transfer authorities
(including transfer of funds)
Sec. 201. (a) Funds appropriated by this title under the
headings ``Diplomatic and Consular Programs'', ``Emergencies in
the Diplomatic and Consular Service'', ``Repatriation Loans
Program Account'', and ``Operating Expenses'' may be
transferred to, and merged with, funds appropriated by this
title under such headings to carry out the purposes of this
title.
(b) The transfer authorities provided by this section are
in addition to any other transfer authority provided by law.
(c) Upon a determination that all or part of the funds
transferred pursuant to the authorities provided by this
section are not necessary for such purposes, such amounts may
be transferred back to such appropriations.
(d) No funds shall be transferred pursuant to this section
unless at least 5 days prior to making such transfer the
Secretary of State or the Administrator of the United States
Agency for International Development, as appropriate, notifies
the Committees on Appropriations in writing of the details of
any such transfer.
notification requirement
Sec. 202. Funds appropriated by this title shall only be
available for obligation if the Secretary of State or the
Administrator of the United States Agency for International
Development, as appropriate, notifies the Committees on
Appropriations in writing at least 15 days in advance of such
obligation.
consolidated reporting requirement
Sec. 203. Not later than 30 days after enactment of this
Act and prior to the initial obligation of funds made available
by this title, the Secretary of State and the Administrator of
the United States Agency for International Development shall
submit a consolidated report to the Committees on
Appropriations on the anticipated uses of such funds on a
country and project basis, including estimated personnel and
administrative costs: Provided, That such report shall be
updated and submitted to the Committees on Appropriations every
60 days until September 30, 2017.
oversight
Sec. 204. Of the funds appropriated by this title, up to--
(1) $500,000 shall be transferred to, and merged
with, funds available under the heading ``United States
Agency for International Development, Funds
Appropriated to the President, Office of Inspector
General'', and shall remain available until expended,
for oversight of activities supported with funds
appropriated by this title: Provided, That the
transfer authority provided by this paragraph is in
addition to any other transfer authority provided by
law; and
(2) $500,000 shall be made available to the
Comptroller General of the United States, and shall
remain available until expended, for oversight of
activities supported with funds appropriated by this
title: Provided, That the Secretary of State and the
Comptroller General, as appropriate, shall consult with
the Committees on Appropriations prior to obligating
such funds.
rescission
Sec. 205. Of the unobligated balances available under the
heading ``Operating Expenses'' in title IX of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2015 (division J of Public Law 113-235), $10,000,000 are
rescinded: Provided, That such amounts are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
TITLE III
GENERAL PROVISIONS--THIS DIVISION
extension of authorities and provisions
Sec. 301. Unless otherwise provided for by this division,
the additional amounts appropriated pursuant to this division
are subject to the requirements for funds contained in the
Consolidated Appropriations Act, 2016 (Public Law 114-113).
personal service contractors
Sec. 302. Funds made available by this division may be
used to enter into contracts with individuals for the provision
of personal services (as described in section 104 of part 37 of
title 48, Code of Federal Regulations (48 CFR 37.104)) to
support the purposes of titles I and II of this division,
within the United States and abroad, subject to prior
consultation with, and the notification procedures of, the
Committees on Appropriations: Provided, That such individuals
may not be deemed employees of the United States for the
purpose of any law administered by the Office of Personnel
Management: Provided further, That the authority made
available pursuant to this section shall expire on September
30, 2017.
designation retention
Sec. 303. Any amount appropriated by this division,
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 and subsequently so designated by
the President, and transferred pursuant to transfer authorities
provided by this division shall retain such designation.
effective date
Sec. 304. This division shall become effective immediately
upon enactment of this Act.
This division may be cited as the ``Zika Response and
Preparedness Appropriations Act, 2016''.
DIVISION C--ZIKA VECTOR CONTROL
SECTION 1. SHORT TITLE.
This division may be cited as the ``Zika Vector Control
Act''.
SEC. 2. MOSQUITO CONTROL WAIVER.
Notwithstanding section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342), during the 180 day period
following the date of enactment of this Act the Administrator
of the United States Environmental Protection Agency (or a
State, in the case of a permit program approved under
subsection (b)) shall not require a permit for a discharge from
the application by an entity authorized under State or local
law, such as a vector control district, of a pesticide in
compliance with all relevant requirements of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et
seq.) to control mosquitos or mosquito larvae for the
prevention or control of the Zika virus.
DIVISION D--RESCISSIONS OF FUNDS
Sec. 101. (a) Of the unobligated amounts made available
under section 1323(c)(1) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18043(c)(1)), $543,000,000 is
rescinded immediately upon enactment of this Act.
(b) Of the unobligated balances available in the
Nonrecurring expenses fund established in section 223 of
division G of Public Law 110-161 (42 U.S.C. 3514a) from any
fiscal year, $100,000,000 is rescinded immediately upon
enactment of this Act.
(c) Of the unobligated balances of appropriations made
available under the heading ``Bilateral Economic Assistance,
Funds Appropriated to the President, Economic Support Fund'' in
title IX of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2015 (division J of Public
Law 113-235), $107,000,000 is rescinded immediately upon
enactment of this Act: Provided, That such amounts are
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
And the House agree to the same.
Harold Rogers,
Tom Cole,
Kay Granger,
Charles W. Dent,
Jeff Fortenberry,
Thomas J. Rooney,
Martha Roby,
David G. Valadao,
Managers on the Part of the House.
Thad Cochran,
Mark Kirk,
Mitch McConnell,
Lisa Murkowski,
John Hoeven,
Susan Collins,
John Boozman,
Shelley Moore Capito,
Roy Blunt,
Lindsey Graham,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate, and the amendment of the House to the
amendment of the Senate, to the bill (H.R. 2577) making
appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the
fiscal year ending September 30, 2016, and for other purposes,
submit the following joint statement to the House and Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report.
This conference agreement includes the Military
Construction and Veterans Affairs and Related Agencies
Appropriations Act, 2017, the Zika Response and Preparedness
Appropriations Act, 2016, the Zika Vector Control Act, and a
division on rescissions of funds. H.R. 2577 was used as the
vehicle for the Senate amendment, which included the Senate-
passed versions of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2017 (S.
2844) and the Military Construction, Veterans Affairs, and
Related Agencies Appropriations Act, 2017 (S. 2806). The Senate
amendment also included appropriations relating to Zika
Response and Preparedness. The House amendment included the
House-passed text of the Military Construction and Veterans
Affairs and Related Agencies Appropriations Act, 2017 (H.R.
4974), the Zika Response Appropriations Act, 2016 (H.R. 5243),
and the Zika Vector Control Act (H.R. 897).
Section 1 of the conference agreement is the short title
of the bill.
Section 2 of the conference agreement displays a table of
contents.
Section 3 of the conference agreement states that, unless
expressly provided otherwise, any reference to ``this Act''
contained in any division shall be treated as referring only to
the provisions of that division.
Section 4 provides a statement of appropriations.
Section 5 states that each amount designated by Congress
as an emergency requirement is contingent on the President so
designating all such emergency amounts and transmitting such
designations to Congress.
The conference agreement does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined by clause 9 of rule XXI of the Rules of the
House of Representatives.
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
The following is an explanation of the effects of
Division A, which makes appropriations for Military
Construction, Veterans Affairs, and Related Agencies for fiscal
year 2017. Unless otherwise noted, reference to the House and
Senate reports are to House Report 114-497 and Senate Report
114-237. The language set forth in House Report 114-497 and
Senate Report 114-237 should be complied with and carry the
same emphasis as the language included in the joint explanatory
statement, unless specifically addressed to the contrary in
this joint explanatory statement. While repeating some report
language for emphasis, this joint explanatory statement does
not intend to negate the language referred to above unless
expressly provided herein. In cases in which the House or the
Senate has directed the submission of a report, such report is
to be submitted to both Houses of Congress. House or Senate
reporting requirements with deadlines prior to, or within 15
days after enactment of this Act shall be submitted not later
than 60 days after enactment of this Act. All other reporting
deadlines not specifically directed by this joint explanatory
statement are to be met.
TITLE I--DEPARTMENT OF DEFENSE
Bid Savings.--The conferees note that, given information
for cost variation notices required by 10 U.S.C. 2853, the
Department of Defense continues to have bid savings on
previously appropriated military construction projects.
Therefore, the agreement includes rescissions to the Army, Air
Force, and Defense-Wide construction accounts. The Secretary of
Defense is directed to continue to submit 1002 reports on
military construction bid savings at the end of each fiscal
quarter to the Committees.
Missile Defense.--The conferees remain committed to
rapidly implementing the European Phased Adaptive Approach
(EPAA). Construction of the first Aegis Ashore missile defense
site in Deveselu, Romania, is complete and the site is
operational. The Committees fully funded construction of the
second site at Redzikowo, Poland, in fiscal year 2016, and
expect the Missile Defense Agency to pursue an aggressive
construction schedule to bring this critical asset online.
Additionally, the conference agreement fully funds the request
for the first phase of the Long Range Discrimination Radar at
Clear, Alaska. This radar will dramatically improve our ability
to effectively target ballistic missile threats to the homeland
coming from the Pacific. As the missile threat continues to
evolve, the conferees remain strongly supportive of the
expeditionary deployment of a Terminal High Altitude Area
Defense battery on Guam. The conferees encourage the Department
of Defense to consider making this deployment permanent and
request the appropriate military construction projects in
support of this critical mission be requested in future budget
submissions.
Overseas Contingency Operations.--The conference
agreement includes House Title IV, Overseas Contingency
Operations. The Senate bill included funding for similar
projects in Title I.
Emerging Security Threats in Europe.--The conferees are
aware that heightened tensions between Russia and Europe
following Russia's invasion of Ukraine in 2014 have increased
security threats to European nations, particularly in Eastern
Europe. In response to Russian aggression, the Administration
in 2014 announced the European Reassurance Initiative (ERI) to
enhance allied security by increasing the presence and joint
training activities of U.S. military forces in Europe. The ERI
includes a number of military construction projects funded in
both fiscal year 2015 and in this Act. The conferees note that
although ERI military construction funding was originally
intended to be a one-time only investment, the evolving nature
of the threat has prompted the Department of Defense (DOD) to
expand its plans for investing in military construction to
support the continual presence of U.S. rotational military
forces in Europe, increased training activities with European
allies, and the prepositioning of Army combat-ready equipment
in Poland to support an armored brigade combat team.
The conferees recognize the importance of providing
reassurance and security to the Nation's European allies, but
are concerned that DOD has not outlined a comprehensive plan
for military construction requirements to support the ERI.
Instead, the Committees have received ad hoc notifications of
proposed planning and design expenditures for projects in
support of the ERI, including a $200,000,000 facility for
prepositioning Army combat brigade equipment in Poland, and
nine ERI-related Air Force projects, primarily at U.S. Air
Force bases in Germany, estimated to cost a total of
$260,000,000.
Given the magnitude of the planned ERI military
construction investment thus far, the conferees direct the
Secretary of Defense to provide to the Committees on
Appropriations of both Houses of Congress (the Committees),
with submission of the fiscal year 2018 budget request, a
comprehensive plan for military construction requirements
associated with the European Reassurance Initiative through the
fiscal year 2018 Future Years Defense Program.
The conferees further direct the Comptroller General of
the United States to provide to the Committees, not later than
one year after the date of enactment of this Act, a report
evaluating the extent to which the Department of Defense has
developed a comprehensive force structure plan, including
military construction requirements, to meet emerging security
threats in Europe. The report shall include an assessment of
the extent to which the Department has:
(1) identified the near-term and long-term United States
military force requirements in Europe in support of the
European Reassurance Initiative;
(2) evaluated the posture, force structure, and military
construction options for meeting projected force requirements;
(3) evaluated the long-term costs associated with the
posture, force structure, and military construction
requirements; and
(4) developed a Future Years Defense Program for force
structure costs associated with the European Reassurance
Initiative.
The report shall also include any other matters related
to security threats in Europe that the Comptroller General
determines are appropriate, and recommendations as warranted
for improvements to the Department's planning and analysis
methodology. The reports shall be provided in the appropriate
classified and unclassified formats.
Al Udeid Air Base Mold Contamination.--The conferees are
concerned about reports that airmen serving at Al Udeid Air
Base in Qatar were living in dangerously contaminated barracks.
On social media and later in the press, reports detailed
collapsing ceilings, contaminated water, and toxic black mold
found throughout the facility. The Committees have raised
concerns in the past about low levels of funding for facility
sustainment, restoration and modernization, and if the black
mold issues at Al Udeid were a result of a lack of funding for
maintenance, that is unacceptable. Also, the conferees are
aware that the Department of Defense Inspector General released
a report in September 2014 (DODIG-2014-121) that identified
1,057 deficiencies and code violations ``that could affect the
health, safety, and well-being of warfighters and their
families'' stationed in Japan. Included among the deficiencies
were elevated levels of radon and excessive mold growth. In
light of the Inspector General report and the reports from Al
Udeid, the conferees direct the Department to submit a report
to the congressional defense committees not later than 180 days
after enactment of this Act detailing global military housing
and expeditionary facilities locations with mold contamination,
mitigation strategies implemented or expected to be in place,
and any new construction standards designed to prevent mold
contamination.
MILITARY CONSTRUCTION, ARMY
The conference agreement provides $513,459,000 for
Military Construction, Army. Within this amount, the conference
agreement provides $98,159,000 for study, planning, design,
architect and engineer services, and host nation support.
Aging Army hangars for Combat Aviation Units.--The
conferees recognize that the Army's aging hangars housing
combat aviation units are structurally deficient and do not
meet the operational requirements of the Army's Combat Aviation
Brigades. A critical need exists for the Army to modernize
infrastructure associated with operational needs, inclement
weather, personnel changes, and unforeseen circumstances. The
conferees direct the Secretary of the Army to submit a report
to the congressional defense committees not later than 90 days
after the enactment of this Act detailing the age and condition
of the Army's Combat Aviation Brigade aircraft maintenance
hangars, a prioritization of the most deficient infrastructure
assets, and a plan to modernize or replace those hangars,
including the required resources.
Air traffic control facilities.--The conferees are
concerned that many of the Army's air traffic control
facilities are unsafe, antiquated, and do not provide adequate
control, communications or observation abilities for the
current air traffic levels at certain locations. For example,
the current facility located at Fort Benning, Georgia, will
become wholly inadequate at the current pace of operations and
a replacement facility is necessary to ensure air traffic
services are available to support mission readiness and
deployment platforms and the military flying community. The
conferees are concerned that this could be a problem throughout
the Army enterprise with the recent reductions to the
Department of Defense's construction accounts. Therefore, the
Secretary of the Army is directed to conduct a risk assessment
on Army air traffic control facilities throughout the Army
enterprise and develop a plan to update these facilities. This
assessment shall be submitted to the congressional defense
committees not later than 60 days after enactment of this Act.
Defense Laboratory Enterprise Facilities and
Infrastructure.--The conferees note that DOD investment in
Defense laboratories has been lacking, resulting in negative
impacts on the ability of the military to develop new
acquisition programs or perform cutting-edge research. At the
same time, the Nation's near-peer competitors are making
significant new investments in their research and development
capabilities as part of the effort to close the technology gap
with the U.S. military. Of additional concern, aging lab
infrastructure also creates a disincentive to attracting new
employees as DOD tries to rebuild its technical workforce.
One of the tools that Congress has provided to
incentivize DOD lab investment is the establishment of a higher
threshold for unspecified minor military construction (UMMC)
for laboratories to enable the services to keep up with a
threat that evolves faster than the normal planning process.
However, the conferees are concerned that the services are not
programming sufficient UMMC to take full advantage of the
laboratory revitalization initiative. For example, in fiscal
year 2016, the Army, which operates an extensive network of DOD
labs, did not allocate any unspecified minor military
construction funding for necessary laboratory revitalization
projects, and the request for UMMC in the Army has remained
flat at $25,000,000. Therefore, the conference agreement
provides an additional $10,000,000 to supplement unspecified
minor military construction, and the Army is encouraged to
pursue opportunities to use the additional funding for lab
revitalization.
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
The conference agreement provides $1,021,580,000 for
Military Construction, Navy and Marine Corps. Within this
amount, the conference agreement provides $88,230,000 for
study, planning, design, architect and engineer services.
Military Construction funding for the Navy and Marine
Corps.--Conferees are concerned about the need for the
construction of an F-35C aircraft maintenance hangar, a
communications complex and infrastructure upgrades, and an F-
35C aircraft parking apron for the Marine Corps' four F-35C
squadrons on the West Coast. This construction supports Carrier
Air Wing operations with the USS Carl Vinson as the first F-35C
compatible ship on the West Coast in support of the Pacific
Command Area of Responsibility. The Marine Corps has identified
these projects as its top priorities, critical to the F-35C
squadrons and the conferees support these priorities.
Townsend Bombing Range.--Concerns still remain regarding
the Townsend Bombing Range and its effect on the local timber
industry. While the Navy and local stakeholders have started a
dialogue, an agreement has not yet been reached. The conferees
look forward to an agreement that meets the Navy's training
needs and protects local timber stakeholders.
Navy Unfunded Reprogramming Requirements.--The Committees
were recently informed that the Navy has been underestimating
the cost of major construction projects over the past several
years due to unrealistic cost assumptions and a flawed
construction cost formula. The Navy acknowledges that it has
been aware of this problem for some time but had taken no
action to remedy the deficiencies in its construction cost
estimating process or to notify the Committees in a timely
manner of the situation or its potential impact on the
execution of projects. As a result, the Navy is faced with a
large inventory of underfunded projects, and insufficient
unobligated balances from bid savings or cancelled projects to
cover the shortfall. Thus, a number of authorized projects for
which funds have been appropriated over the past several years
are at risk due to insufficient funds to award a contract.
The conferees provide an additional $89,400,000 in this
Act, to address the Navy's highest priority urgent unfunded
reprogramming requirements as well as unanticipated emergency
construction requirements. However, the conferees are concerned
that this is just the tip of the iceberg, and that additional
underfunded projects for which no ready source of reprogramming
funds is available will emerge. Therefore, the conferees direct
the Secretary of the Navy to reassess the sufficiency of the
appropriation request for all previously appropriated projects
for which contracts have not been awarded, and to provide to
the congressional defense committees, within 60 days of
enactment of this Act, (1) a detailed analysis of the process
and decisions that led to the underestimating of construction
costs, (2) the revised cost estimate, if applicable, for any
project that is estimated to be underfunded due to unrealistic
cost assumptions and/or a flawed construction cost formula, (3)
a plan of how the Navy intends to address the shortfall within
its own resources, including the identification of any
previously appropriated projects that might have to be
cancelled, and (4) a description of the steps it is taking to
remedy the cost estimating process for future construction
projects.
The conferees further direct the Secretary of Defense to
review the construction cost formulas used to develop military
construction appropriation requests by the Naval Facilities
Engineering Command and the U.S. Army Corps of Engineers to
assess the reliability of the formulas, and to report to the
congressional defense committees within 90 days of enactment of
this Act on its findings and any recommendations to improve the
fidelity of the construction cost formulas.
All the services, including the Navy, have informed the
Committees for the past several years that construction costs
have been rising with the improving economy and the rebound of
the construction market, and that bid savings have been
subsequently decreasing. The conferees believe there is no
excuse for the Navy's inability to or failure to address this
problem, and fully expect a sound and justifiable cost estimate
for any military construction projects submitted in the fiscal
year 2018 and future budget requests.
MILITARY CONSTRUCTION, AIR FORCE
The conference agreement provides $1,491,058,000 for
Military Construction, Air Force. Within this amount, the
conference agreement provides $143,582,000 for study, planning,
design, architect and engineer services. Additionally, the
conference agreement rescinds $23,900,000 for three fiscal year
2014 projects in Saipan, Commonwealth of the Northern Mariana
Islands (CNMI), to support Air Force training exercises and
provide an emergency divert location. The conferees are
concerned that the Air Force has been unable to reach a land
use agreement with the Government of the CNMI despite extensive
negotiations, and no resolution to the issue is imminent.
Therefore, the funding is rescinded without prejudice, and the
Air Force is urged to resubmit the projects once agreement on
the location is finalized and the projects can be executed.
Air Force Facility Security Requirements.--The conferees
are concerned with the Department's funding recommendation for
the Air Force's unspecified minor military construction
account. An additional $10,000,000 is provided to assist
installations in the continental U.S. with significant facility
entry and exit point concerns. Priority should be given to
installations with access control points that present safety,
security and traffic hazards.
Air Force Ballistic Missile Facilities.--The conferees
are aware that ground-based intercontinental ballistic missile
(ICBM) facilities at the Nation's three ICBM bases in Montana,
North Dakota, and Wyoming are aging and in urgent need of
replacement. At a time of increased global tensions among
nuclear-capable nations, it is imperative to replace crumbling
and outdated ICBM infrastructure at U.S. installations with
state-of-the-art nuclear deterrence facilities. Key to this
effort is the replacement of the Cuban missile crisis-era
Weapons Storage Facilities and Missile Alert Facilities at each
of the ICBM bases. The conferees understand that the Air Force
has developed a funding roadmap to replace the Weapons Storage
Facilities (WSFs) at each ICBM base but are concerned that the
current timeline for implementation of the roadmap is not
sufficiently aggressive in light of the urgency of upgrading
these facilities to meet current threat conditions. Given the
failing condition of the current WSFs and the importance of the
ground-based ICBM capability to the Nation's nuclear
deterrence, the conferees urge the Air Force to prioritize and
accelerate the replacement of the WSFs as well as the Nuclear
Alert Facilities at ICBM bases. The conferees reiterate the
directive in Senate Report 114-237 for the Secretary of the Air
Force to undertake an analysis of the cost of maintaining the
existing Missile Alert Facilities at the Nation's ICBM bases
and to provide a report to the Committees within 90 days of
enactment of this Act on the findings of the analysis and a
projected cost and timeline for replacing the Weapons Alert
Facilities at each of these bases. The conferees also direct
the Secretary of Defense to assess the feasibility of using
Defense Access Road funding and other sources of funding to
build alternate routes for military equipment traveling on
public roads to missile launch facilities, taking into
consideration the proximity of local populations, security
risks, safety, and weather, and to provide a report to the
Committees within one year of enactment of this Act.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $2,025,444,000 for
Military Construction, Defense-Wide. Within this amount, the
conference agreement provides $180,775,000 for study, planning,
design, architect and engineer services. Within this amount, an
additional $15,000,000 is provided for Missile Defense Agency
planning and design. The additional funding is to expedite the
construction and deployment of urgently needed missile defense
assets in various locations within the continental United
States, including Alaska and Hawaii.
Pentagon Metro entrance facility.--The conference
agreement includes funding for the Pentagon Metro entrance
facility project as requested in the budget submission. The
conferees remain concerned that this facility needs to be
constructed in a manner that will further enhance the physical
access and perimeter defense of the building in accordance with
the Integrated Pentagon Security Master Plan and the Pentagon
Century Review. Given that the design is only at 10 percent at
this point, the conferees direct the Secretary of Defense to
report to the congressional defense committees quarterly on the
progress of the planning and design and any major construction
changes to the current project's 1391.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
The conference agreement provides $232,930,000 for
Military Construction, Army National Guard. Within this amount,
the conference agreement provides $8,729,000 for study,
planning, design, architect and engineer services.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
The conference agreement provides $143,957,000 for
Military Construction, Air National Guard. Within this amount,
the conference agreement provides $10,462,000 for study,
planning, design, architect and engineer services.
MILITARY CONSTRUCTION, ARMY RESERVE
The conference agreement provides $68,230,000 for
Military Construction, Army Reserve. Within this amount, the
conference agreement provides $7,500,000 for study, planning,
design, architect and engineer services.
MILITARY CONSTRUCTION, NAVY RESERVE
The conference agreement provides $38,597,000 for
Military Construction, Navy Reserve. Within this amount, the
conference agreement provides $3,783,000 for study, planning,
design, architect and engineer services.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
The conference agreement provides $188,950,000 for
Military Construction, Air Force Reserve. Within this amount,
the conference agreement provides $4,500,000 for study,
planning, design, architect and engineer services.
NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
The conference agreement provides $177,932,000 for the
North Atlantic Treaty Organization Security Investment Program.
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
The conference agreement provides $240,237,000 for the
Department of Defense Base Closure Account, which is
$35,000,000 above the request. The additional funding is for
the Army and the Navy to accelerate environmental remediation
at installations closed under previous Base Realignment and
Closure (BRAC) rounds.
Accelerated cleanup.--The conferees recognize that many
factors hinder the cleanup of BRAC sites. However, the
conferees believe that strategic investments can lead to
quicker clean-ups and faster turnover of DOD property to the
local community. Therefore, the conferees direct the Secretary
of Defense to submit to the congressional defense committees a
spend plan for the additional BRAC funds not later than 15 days
after enactment of this Act.
FAMILY HOUSING OVERVIEW
Homeowners Assistance Program--Delayed Expression or
Delayed Identification of Injured Beneficiaries.--As the
Executive Agent for the Homeowners Assistance Program (HAP)
across the Department of Defense, the Army mistakenly
administered approximately 76 applicants whose injuries were
incurred during a military deployment, while they owned a home,
and experienced delayed expression or delayed identification of
the injury. The applicants were paid in good faith and in
accordance with guidance from Congress and the Department of
Defense to err in favor of wounded, ill, and injured HAP
applicants. If these beneficiaries had suffered from an obvious
physical injury--which the HAP statute envisioned--their injury
would have been clearly documented at the time they owned their
home, and they would have qualified for HAP benefits.
Therefore, no funds from this Act shall be used to collect
overpayments for any wounded, ill, or injured HAP beneficiary
with delayed expression or delayed identification, or send
notice letters, while the Department further develops permanent
legislative solutions with Congress.
FAMILY HOUSING CONSTRUCTION, ARMY
The conference agreement provides $157,172,000 for Family
Housing Construction, Army.
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY
The conference agreement provides $325,995,000 for Family
Housing Operation and Maintenance, Army.
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS
The conference agreement provides $94,011,000 for Family
Housing Construction, Navy and Marine Corps.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS
The conference agreement provides $300,915,000 for Family
Housing Operation and Maintenance, Navy and Marine Corps.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
The conference agreement provides $61,352,000 for Family
Housing Construction, Air Force.
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE
The conference agreement provides $274,429,000 for Family
Housing Operation and Maintenance, Air Force.
FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE
The conference agreement provides $59,157,000 for Family
Housing Operation and Maintenance, Defense-Wide.
DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND
The conference agreement provides $3,258,000 for the
Department of Defense Family Housing Improvement Fund.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
The conference agreement includes section 101 limiting
the use of funds under a cost-plus-a-fixed-fee contract.
The conference agreement includes section 102 allowing
the use of construction funds in this title for hire of
passenger motor vehicles.
The conference agreement includes section 103 allowing
the use of construction funds in this title for advances to the
Federal Highway Administration for the construction of access
roads.
The conference agreement includes section 104 prohibiting
construction of new bases in the United States without a
specific appropriation.
The conference agreement includes section 105 limiting
the use of funds for the purchase of land or land easements
that exceed 100 percent of the value.
The conference agreement includes section 106 prohibiting
the use of funds, except funds appropriated in this title for
that purpose, for family housing.
The conference agreement includes section 107 limiting
the use of minor construction funds to transfer or relocate
activities.
The conference agreement includes section 108 prohibiting
the procurement of steel unless American producers,
fabricators, and manufacturers have been allowed to compete.
The conference agreement includes section 109 prohibiting
the use of construction or family housing funds to pay real
property taxes in any foreign nation.
The conference agreement includes section 110 prohibiting
the use of funds to initiate a new installation overseas
without prior notification.
The conference agreement includes section 111
establishing a preference for American architectural and
engineering services for overseas projects.
The conference agreement includes section 112
establishing a preference for American contractors in United
States territories and possessions in the Pacific and on
Kwajalein Atoll and in countries bordering the Arabian Gulf.
The conference agreement includes section 113 requiring
congressional notification of military exercises when
construction costs exceed $100,000.
The conference agreement includes section 114 allowing
funds appropriated in prior years for new projects authorized
during the current session of Congress.
The conference agreement includes section 115 allowing
the use of expired or lapsed funds to pay the cost of
supervision for any project being completed with lapsed funds.
The conference agreement includes section 116 allowing
military construction funds to be available for five years.
The conference agreement includes section 117 allowing
the transfer of funds from Family Housing Construction accounts
to the Family Housing Improvement Program.
The conference agreement includes section 118 allowing
transfers to the Homeowners Assistance Fund.
The conference agreement includes section 119 limiting
the source of operation and maintenance funds for flag and
general officer quarters and allowing for notification by
electronic medium.
The conference agreement includes section 120 extending
the availability of funds in the Ford Island Improvement
Account.
The conference agreement includes section 121 allowing
the transfer of expired funds to the Foreign Currency
Fluctuations, Construction, Defense account.
The conference agreement includes section 122 restricting
the obligation of funds for relocating an Army unit that
performs a testing mission.
The conference agreement includes section 123 allowing
for the reprogramming of construction funds among projects and
activities subject to certain criteria.
The conference agreement includes section 124 prohibiting
the obligation or expenditure of funds provided to the
Department of Defense for military construction for projects at
Arlington National Cemetery.
The conference agreement includes section 125 providing
additional funds for various Military Construction accounts.
The conference agreement includes section 126 providing
additional funds for Military Construction, Navy and Marine
Corps.
The conference agreement includes section 127 rescinding
funds from prior Appropriations Acts from various accounts.
The conference agreement includes section 128 rescinding
unobligated balances from the fund established by Sec. 1013(d)
of 42 U.S.C. 3374.
The conference agreement includes section 129 defining
the congressional defense committees.
The conference agreement includes section 130 prohibiting
the use of funds in this Act to close or realign Naval Station
Guantanamo Bay, Cuba. The provision is intended to prevent the
closure or realignment of the installation out of the
possession of the United States, and maintain the Naval
Station's long-standing regional security and migrant
operations missions.
The conference agreement includes section 131 restricting
funds in this Act to be used to consolidate or relocate any
element of Air Force Rapid Engineer Deployable Heavy
Operational Repair Squadron Engineer until certain conditions
are met.
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TITLE II--DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration--Compensation and Pensions
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $90,119,449,000 for
Compensation and Pensions in advance for fiscal year 2018. Of
the amount provided, not more than $17,224,000 is to be
transferred to General Operating Expenses, Veterans Benefits
Administration (VBA) and Information Technology Systems for
reimbursement of necessary expenses in implementing provisions
of title 38.
READJUSTMENT BENEFITS
The conference agreement provides $13,708,648,000 for
Readjustment Benefits in advance for fiscal year 2018.
VETERANS INSURANCE AND INDEMNITIES
The conference agreement provides $107,899,000 for
Veterans Insurance and Indemnities in advance for fiscal year
2018, as well as an additional $16,605,000 for fiscal year
2017.
VETERANS HOUSING BENEFIT PROGRAM FUND
The conference agreement provides such sums as may be
necessary for costs associated with direct and guaranteed loans
for the Veterans Housing Benefit Program Fund. The agreement
limits obligations for direct loans to not more than $500,000
and provides that $198,856,000 shall be available for
administrative expenses.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
The conference agreement provides $36,000 for the cost of
direct loans from the Vocational Rehabilitation Loans Program
Account, plus $389,000 to be paid to the appropriation for
General Operating Expenses, Veterans Benefits Administration.
The agreement provides for a direct loan limitation of
$2,517,000.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
The conference agreement provides $1,163,000 for
administrative expenses of the Native American Veteran Housing
Loan Program Account.
GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION
The conference agreement provides $2,856,160,000 for
General Operating Expenses, Veterans Benefits Administration
and makes available not to exceed 5 percent of this funding
until the end of fiscal year 2018. The full request for the
Veterans Benefits Management System is provided in the
agreement, which includes $37,356,000 from this account and
$143,000,000 from the Information Technology Systems account.
The agreement also includes the full budget request of
$26,695,000 for the centralized mail initiative and
$152,924,000 for the Veterans Claim Intake Program (VCIP),
which is $10,000,000 above the request.
The placement of the General Operating Expenses, Veterans
Benefits Administration account in the bill has been moved from
Departmental Administration to Veterans Benefits Administration
to align the administrative expenses of VBA with its program
activities.
Disability claims backlog.--The conferees commend the
Department of Veterans Affairs (VA) on its efforts to reduce
the disability claims backlog and increase the accuracy of
claims decisions, and is committed to ensuring that VA
maintains its goal of processing all claims within 125 days
with 98 percent accuracy. The Committees are also committed to
ensuring there is not a recurrence of any sizeable backlog or a
reduction in accuracy and will continue to assert their
oversight by monitoring on a monthly and quarterly basis each
regional office's timeliness and accuracy performance measures.
The conference agreement includes section 228 which
requires VBA to submit a quarterly report with the following
data from each VBA regional office: (1) the average time to
complete a disability compensation claim; (2) the number of
claims pending more than 125 days, disaggregated by initial and
supplemental claims; (3) error rates; (4) the number of claims
personnel; (5) any corrective action taken within the quarter
to address poor performance; (6) training programs undertaken;
(7) the number and results of Quality Review Team audits; (8)
the number of claims completed by each regional office based on
the regional office being the station of jurisdiction; and (9)
the number of claims completed by each regional office based on
the regional office being the station of origin.
Regional office performance.--The conferees have been
disturbed by repeated reports of manipulation of records and
benefit data at several VBA regional offices, as well as
irregular personnel practices that have jeopardized sound
management of the regional offices. The conferees urge VA to
monitor regional office performance to make certain that
personnel and claims management activities remain fully
transparent and comply with overall VA regulations and
handbooks.
Equitable relief.--The conferees urge the Secretary to
continue to grant or extend equitable relief to eligible
veterans initially deemed eligible in instances of
administrative error.
Service satisfaction rates among women veterans.--The
conferees direct VA to provide to the Committees not later than
the beginning of fiscal year 2017 an analysis of trends and
satisfaction rates among women veterans participating in the
Vocational Rehabilitation and Employment program to ensure
these services are adapting to the changing demographics of
veterans and the needs of women veterans with disabilities.
Disability benefits questionnaires.--The conferees expect
VA to meet with Members of Congress to explain their plans to
develop additional disability benefits questionnaires (DBQs)
for chronic multi-system illnesses experienced by veterans for
which DBQs do not exist. Moreover, the conferees urge the
Department to make permanent the period for filing Gulf War
presumptive claims under 38 CFR 3.317.
Veterans Health Administration--Medical Services
The conference agreement provides $44,886,554,000 in
advance for fiscal year 2018 for Medical Services and makes
$1,400,000,000 of the advance available through fiscal year
2019. The agreement also provides $1,078,993,000 for fiscal
year 2017 in addition to the advance appropriation provided
last year. The fiscal year 2018 advance funding for medical
services is $6,786,446,000 lower than the fiscal year 2017
advance because of Department projections that increased
amounts of medical care will be provided through the Medical
Community Care account.
Given that there may be significant unfunded liabilities
created by the winding down of the Choice Act, the conference
agreement includes bill language in section 232 permitting the
transfer of funding from multiple VA appropriations accounts to
Medical Services to address unfunded needs.
The conference agreement includes bill language requiring
the Secretary to ensure that sufficient amounts are available
for the acquisition of prosthetics designed specifically for
female veterans and to provide access to therapeutic listening
devices to veterans with mental health or substance abuse
problems or traumatic brain injury.
Curing Hepatitis C within the veteran population.--The
Department is to be commended for robustly treating veterans
with Hepatitis C (HCV), which is a particular concern because
the veteran population is twice as likely to have the virus as
the general population. Available HCV drugs have a cure rate of
96 percent, and early, preventative treatments avoid tens of
thousands of dollars in future healthcare spending. To that
end, the agreement includes funding for the treatment of
Hepatitis C of $1,500,000,000 in fiscal year 2017, which is
$840,000,000 above the President's request. The conferees
understand that because of an uneven start to the Hepatitis C
campaign due to funding interruptions, VA projects there will
be a carryover of fiscal year 2016 funding that will increase
the resources available in fiscal year 2017. The conferees are
pleased that recent price reductions in the new Hepatitis C
drugs will allow VA to treat patients faster and reach their
target goal of treating all veterans with Hepatitis C years
earlier than projected.
The conferees encourage VA to work to remove any barriers
to timely screening and treatment for veterans with Hepatitis
C, including maximizing the use of rapid testing techniques.
Rapid testing can be especially helpful in reaching veterans
who are medically underserved or who live long distances from
VA facilities.
To assist in congressional oversight, VA is directed to
continue to report to the Committees in quarterly briefings the
number of veterans treated to date, the number of veterans
treated each week, the number of veterans pronounced cured to
date, the projected number of new cases, and the estimate of
veterans likely to be cured during the next quarter. VA is also
directed to report quarterly to the Committees obligations for
funding Hepatitis C treatments as part of the larger
crosscutting VA quarterly financial report required in section
218.
Program priorities.--The conference agreement provides
the following fiscal year 2017 funding for these high priority
areas: $243,483,000 for readjustment counseling at Vet Centers;
$535,400,000 for gender-specific healthcare, which is
$20,000,000 higher than the administration request;
$734,628,000 for the caregivers program, which is $10,000,000
above the request; $257,477,000 for the homeless grant and per
diem program, which is $10,000,000 above the request; and
$320,000,000 for the homeless supportive services for low
income veterans and families, which is $20,000,000 above the
request.
Rural healthcare.--The conference agreement includes the
full budget request of $250,000,000 for the Office of Rural
Health (ORH) and the Rural Health Initiative. In addition to
any directives contained in the House and Senate reports, the
conferees direct that ORH coordinate directly with the
Readjustment Counseling Service to develop and implement a
strategy to expand the capacity of Vet Centers in order to
ensure that the readjustment and psychological counseling needs
of veterans in rural and highly rural communities are met. The
conferees also direct VA to identify ways to obtain more
accurate data on homeless and at-risk veterans in rural areas,
as instructed in the Senate report. The conference agreement
includes a one-year extension through fiscal year 2017 of the
Access Received Closer to Home (ARCH) program, which provides
care to veterans in areas without extensive access to VA health
facilities. This extension is necessary to maintain veterans'
access to healthcare during the transition as VA moves to
consolidate its non-VA healthcare programs. The conferees
encourage VA to expand its use of telehealth for rural areas
since the technique has proven particularly helpful in mental
health and primary care health delivery.
Mental health.--The conference agreement provides the
full budget request for all VA mental health services and
programs, with additional resources within Medical Services
provided for the Veterans Crisis Line and the National Centers
for Posttraumatic Stress Disorder. The conference agreement
includes $40,000,000 for the National Centers and $78,572,000
for the Veterans Crisis Line. Overall, the agreement includes
$173,005,000 for suicide prevention outreach. The conference
agreement includes bill language in section 238 similar to that
contained in the House bill that requires certain professional
standards for the suicide hotline.
Opioid safety.--To respond to the urgency of the opioid
overdose epidemic, the Department is directed to continue to
comply with the guidance included in the fiscal year 2016
conference report under the paragraph ``Opioid Safety.'' VA is
also directed to make public the findings of the Office of
Accountability Review investigation into accusations of
widespread retaliation against whistleblowers at the Tomah VA
Medical Center as well as the outside clinical review. The
Department is encouraged to utilize the full spectrum of
treatment options for dealing with opioid addiction and expand
the use of medication-assisted treatment and other clinically
appropriate services to achieve and maintain abstinence from
all opioids. The conferees believe it is important for the
Department to report necessary information to State-run
prescription drug monitoring programs as this will ensure VA
providers have the tools they need to better identify at-risk
veterans.
The conferees are aware that only 14 States require their
physicians to take pain management education credits. The
conferees urge VA to ensure that healthcare providers learn the
latest pain management techniques, understand safe prescribing
practices, and be able to spot the signs of potential substance
use disorders. The conferees believe that comprehensive
training in the proper use of pain management medications is a
vital step in combating the opioid problem.
Choice Program delays.--VA data indicate that the number
of veterans waiting more than 30 days for an appointment is
actually higher now than when the Veterans Choice Program was
initiated. The conferees are concerned that this well-
intentioned program was cobbled together quickly given the time
constraints, which has contributed to delays. Further, an
often-cited problem with the Choice Program is the lack of
clear communications regarding the eligibility requirements of
the program to both veterans and non-VA providers. The
conferees believe that understanding the obstacles to efficient
scheduling of appointments of veterans and swift reimbursement
for providers would serve as crucial first steps in resolving
some of these issues. The conferees urge VA and its third party
providers to address the delays and the communication errors
plaguing implementation of the Choice Program.
Nursing authority.--The conferees recognize that VA has
recently published a proposed rule indicating that it is
considering the issue of granting full practice authority to
some or all of the four advanced practice nursing disciplines.
The proposed rule indicates that decision will be reflected in
the final rule, after consideration of all the public comments
received. In addition, the Under Secretary for Health has
testified that he plans to consider as an important variable
whether there are significant shortages of the affiliated
physician specialties throughout the VA system, which would
validate the need for full practice authority for those
advanced practice nurse specialties. The conferees urge VA to
carefully and thoughtfully seek additional input from internal
and external stakeholders prior to publishing the final rule.
The conferees encourage VA to make all possible outreach
efforts to communicate the changes contained in the proposed
rule, gather public comments, and collaborate with Congress,
affected stakeholders, VA physician and nursing staffs, and
external organizations.
National Veteran Sports Programs.--The conference
agreement includes $9,005,000, which is the budget request for
the Office of the National Veterans Sports Programs and Special
Events. The conferees concur with the movement of this office
to the Veterans Health Administration (VHA), and the agreement
includes necessary bill language in section 257 to permit VHA
to carry out the Office's activities.
Patient consults.--The conferees direct VA to report not
later than 30 days after the beginning of fiscal year 2017 on
specific quality controls that have been implemented to ensure
that patient consults are handled in a timely manner.
Collaboration with historically black health professions
schools.--As described in the House and Senate reports, the
conferees urge VA to increase its collaboration with the
larger, urban hospitals with historically black health
professions schools. The Secretary is directed, as in previous
conference reports, to convene a symposium where minority
collaboration concerns are discussed and addressed.
Leveraging private sector programs.--The conferees
encourage VA to integrate into VA settings private sector
programs that adapt information technologies and data
interoperability capabilities to better coordinate healthcare
services for veterans, as described in the House report.
Medical residency positions.--The conferees note that, to
date, the Department has not submitted to the Committees a
report that was directed in the explanatory statement
accompanying Public Law 114-113 detailing current coordination
with the Direct Graduate Medical Education Program, limitations
that may restrict VA's program and ability to expand to
underserved areas, and a plan to more effectively carry out
VA's graduate medical education program within constraints that
exist in the Direct Graduate Medical Education program. The
conferees understand that the Department is reviewing comments
provided by the Department of Health and Human Services' Center
for Medicare and Medicaid Services and direct VA to move as
expeditiously as possible in its review and submit the report
to the Committees. Further, the conferees direct that VA
provide an update to the Committees not later than 15 days
after enactment of this Act on the status of this report and a
timeline for submission.
Rehabilitation equipment.--The conferees are aware that
the Department currently purchases or reimburses veterans for
recumbent bicycles or hand cycles used for rehabilitative
purposes only and does not cover the cost of upright bicycles.
Given the many veterans in physical or mental rehabilitation
programs who are able to use upright bicycles, the conferees
urge the Department to make upright bicycles eligible for
reimbursement to qualifying veterans. In addition, the
conferees direct the Department to submit to the Committees on
Appropriations of both Houses of Congress (hereafter ``the
Committees'') a report not later than the beginning of fiscal
year 2017 outlining the steps needed to be taken to make
upright bicycles eligible for reimbursement.
MEDICAL COMMUNITY CARE
The conference agreement provides $7,246,181,000 for
Medical Community Care, the account created in the Surface
Transportation and Veterans Health Care Choice Improvement Act
to consolidate all the VA programs that provide care for
veterans in the community from non-VA providers. Section 217 of
the conference agreement rescinds an identical amount from the
Medical Services account. The agreement also provides
$9,409,118,000 in advance fiscal year 2018 funding for this
account. Of the fiscal year 2017 funding, $2,000,000,000 is
made available until the end of fiscal year 2020; of the fiscal
year 2018 funding, $1,500,000,000 is available until the end of
fiscal year 2021.
Extended availability of funding.--The conferees are
aware the Department books obligations for non-VA care upon a
veteran receiving authorization to obtain medical care outside
of the Veterans Health Administration and not upon that
authorization actually being filled and the Department billed
by the outside provider. Due to the timing of reconciliation
between obligations, authorizations, and the number of those
authorizations filled through private providers, this
accounting procedure has led to the de-obligation of funds past
the life of the budget authority, leading to the expiration of
millions of dollars that could have been applied to veterans
healthcare programs. Therefore, the conferees have provided
flexibility to aid the Department in ensuring all
appropriations within this account are able to be obligated
before expiration. This extended availability within the new
Medical Community Care account should allow VA time to correct
this problem; however, the conferees also note this longer
period of availability is a temporary solution and will not
continue unaltered into the future. The Department is expected
to work towards identifying changes in execution that will
result in a permanent fix, including discussing with the Office
of Management and Budget how best to define the point of
obligation for these funds. The conferees expect the Department
to keep the Committees apprised of its progress towards a
permanent solution and request this issue be addressed within
the fiscal year 2019 advance appropriations request for this
account.
MEDICAL SUPPORT AND COMPLIANCE
The conference agreement provides $6,654,480,000 in
advance for fiscal year 2018 for Medical Support and Compliance
and makes $100,000,000 of the advance funding available through
fiscal year 2019.
Filling senior position vacancies.--In order for VHA to
improve access and increase efficiency within the system, it
must fill the critical senior management and clinical
vacancies. Therefore, the conferees direct that not less than
$21,000,000, as provided in the budget request, be used to hire
medical center directors and employees for other management and
clinical positions within the Veterans Health Administration.
Requirements for the hiring of VA healthcare providers.--
The conferees are deeply troubled by recent reports concerning
practicing VA providers whose credentials have not been
verified or have been misrepresented, and who have previously
entered into settlements or completed disciplinary actions in
other States where they may hold a medical license. To protect
our Nation's veterans, the Department must do more to guarantee
that VA providers are of the highest quality and are, at the
very least, in good standing with each State medical board with
which they hold licenses. The conferees believe VA should be in
strict compliance with Veterans Health Administration Handbook
1100.19 and Directive 2012-030 which require the Department to
obtain any and all information on medical license violations
from each State medical board where a provider holds or has
ever held a license and whether the provider has entered into
any settlement agreements with a board for disciplinary charges
relating to medical practice. The Department is directed to
submit a report to the Committees not later than 90 days after
the beginning of fiscal year 2017 providing an analysis and an
assessment of VA field compliance with Veterans Health
Administration Handbook 1100.19 and Directive 2012-030.
Transmission of VA healthcare providers' information to
State medical boards.--Under current VA policy outlined in
Veterans Health Administration Handbook 1100.18, in each
instance in which a licensed healthcare professional whose
behavior or clinical practice so substantially fails to meet
generally-accepted standards of clinical practice as to raise
reasonable concern for the safety of patients, the Department
is required to provide a report to each State licensure board
(SLB) where the professional holds a license.
The conferees are aware, however, that such reports sent
to SLBs are typically limited to a generic description of the
clinical shortcomings involved, and if the SLB wants more
details of the situation it must respond to the report with a
formal request for more information. The conferees note SLBs
and the Federation of State Medical Boards find it extremely
difficult to gain useful information even if they follow VA's
exact procedures.
It is critical for VA to improve communication with SLBs
and improve transparency surrounding medical practice
violations. VA is urged to send promptly to each SLB where a
provider holds a license and the SLB in the State where the
provider practices, the full information concerning any
violations during the provider's practice at VA.
While VA providers do not need to hold a license in the
same State where the medical facility resides, the conferees
believe such State's medical board should, nonetheless, have
access to information about a clinical violation committed at a
facility in their State to ensure the board can adequately
fulfill its obligation to uphold safe medical practice. The
Department is directed to submit a report to the Committees not
later than 90 days after the beginning of fiscal year 2017
providing an assessment of VA field compliance with Veterans
Health Administration Handbook 1100.18 and its ability to
provide full reporting to SLBs in instances where licensed
healthcare professionals' behavior or clinical practice so
substantially failed to meet generally-accepted standards of
clinical practice that it needed to be reported in compliance
with Handbook 1100.18.
Non-VA care provider reviews.--As the Department
continues to increase the scope and size of its non-VA care
programs, it is imperative that VA develop policies that ensure
that a healthcare provider removed from employment with the
Veterans Health Administration due to substandard care,
professional misconduct, or violation of the requirements of
his or her medical license does not subsequently reemerge as a
contracted healthcare provider in the community care programs,
including the Choice Program. Therefore, the conferees direct
the Department to submit to the Committees not later than the
beginning of fiscal year 2017 the current VHA policy on
entering into contractual agreements with private providers,
either directly or through a third-party administrator, and the
provisions of that policy which detail how VA ensures that no
healthcare providers removed for misconduct subsequently become
providers through the VA's community care programs. In
addition, the Department is directed to include, with the
policy, what enforcement mechanisms are currently in place as a
safeguard and any legislative authorities needed to ensure that
veterans receive the highest quality of care from healthcare
providers on contract to VA.
MEDICAL FACILITIES
The conference agreement provides $5,434,880,000 in
advance for fiscal year 2018 for Medical Facilities, as well as
$247,668,000 in fiscal year 2017 funding, which is in addition
to the advance funding provided last year. Of the advance
funding, $250,000,000 is made available through fiscal year
2019.
Medical facility inspections for food service and
environmental quality.--The conferees are disturbed by reports
of sanitation and insect infestation problems at food service
areas and kitchens at VA healthcare facilities, despite
existing internal requirements for periodic inspections. In
addition, health-threatening mold has been found in some VA
facilities, as documented by the VA Inspector General. The
conference agreement includes bill language in sections 251 and
252 requiring VA to contract with the Joint Commission on
Accreditation of Hospital Organizations to conduct annual
inspections of healthcare facility food service areas, with
remediation and re-inspection required. Section 252 includes
the requirement for the Joint Commission to conduct similar
periodic reviews to inspect mold issues in VA medical
facilities.
Improved community-based outpatient clinics (CBOC)
capabilities.--The conferees are concerned that VA needs to
improve its planning and contracting practices to allow for
future expansion needs of CBOCs. In the case of the recently
approved Rochester, New York CBOC (Phase I), the conferees have
been informed that options to expand for potential future
growth could not be included in the original lease contract,
warranting procurement of a second facility. The conferees urge
the Department to consider economic benefits when considering
locations. Furthermore, the Department is directed to provide a
report to the Committees not later than the beginning of fiscal
year 2017 addressing the rationale as to why such flexibility
cannot be included in lease contracts and identify any
barriers, including necessary statutory changes, to ensure such
options for flexibility are included in future lease contracts.
Green energy management program.--Given congressional
concern with some prior wind energy projects, the conferees
believe that the Committees need a clearer budget presentation
of all green energy projects--wind, solar, geothermal, etc.--
proposed to be funded in the fiscal year 2018 budget. Because
green energy management funding was used to backfill shortfalls
in the Denver hospital construction project, the Committees
have difficulty discerning the strategic funding plans that
remain for VA green energy management.
Budget presentation.--The conferees have found the
current budget presentation for Medical Facilities
distressingly difficult to interpret. The conferees direct VA
in the fiscal year 2018 budget submission and in future years
to include a list of the projects that are funded in the
request, with the project's Strategic Capital Investment
Priorities score identified. Recognizing that the list of
funded projects may change during the course of the year, VA is
directed to provide quarterly updates to the Committees that
identify any changes to the list provided in the budget.
MEDICAL AND PROSTHETIC RESEARCH
The conference agreement provides $675,366,000 for
Medical and Prosthetic Research, available until September 30,
2018. Bill language is included to ensure that the Secretary
allocates adequate funding for research on gender-appropriate
prosthetics and toxic exposures.
Gulf War symptoms study.--The conferees are aware that on
March 23, 2015, VA contracted with the Institute of Medicine to
fulfill the mandated Gulf War and post-9/11 veterans report as
required by Public Law 110-389 and that VA is now in receipt of
the report. The conferees direct the Department to review the
report in an expeditious manner and transmit it to the
appropriate congressional committees of jurisdiction not later
than 60 days after the beginning of fiscal year 2017.
New research areas.--As indicated in the House report,
the conferees encourage VA to create a Center of Innovation for
research support and use as candidates for initial research
hyperbaric oxygen therapy and magnetic EEG/EKG-guided resonance
therapy.
Study on toxic exposures.--The conferees are aware the
Department is finalizing a contract with the National Academies
of Sciences, Engineering, and Medicine (NASEM) to assess the
current research available on possible generational health
effects that may be the result of toxic exposures experienced
by veterans. The conferees are aware NASEM will also assess
areas requiring further scientific study on the descendants of
veterans with toxic exposures. In addition, NASEM will further
assess the scope and methodology required to conduct research
on such descendants to identify current or possible health
effects in the veterans' descendants. The study will be similar
to what is directed in the Senate report. The Committees have
been provided a detailed list of the scope of the study and are
aware the contract is to be awarded in fiscal year 2017. The
conferees intend to monitor the award of this contract closely
and expect the Department to finalize the award, as summarized
above and presented to the Committees.
National Cemetery Administration
The conference agreement provides $286,193,000 for the
National Cemetery Administration (NCA). Of the amount provided,
not to exceed 10 percent is available until September 30, 2018.
Rural veterans burial initiative.--The Department is
directed to submit to the Committees not later than the
beginning of fiscal year 2017 a report detailing the progress
to date of the Rural Veterans Burial Initiative and the
expected timeline for completion of such initiative.
Departmental Administration
GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $345,391,000 for
General Administration. Of the amount provided, not to exceed 5
percent is available for obligation until September 30, 2018.
The agreement continues to include bill language in section 233
permitting the transfer of funds from this account to General
Operating Expenses, Veterans Benefits Administration.
The conference agreement provides $10,545,000 for the
Office of the Secretary. The recommendation fully supports and
provides the requested amounts in fiscal year 2017 for the
Center for Faith-Based and Neighborhood Partnerships, the
Center for Minority Veterans, the Center for Women Veterans,
and the Office of Survivors Assistance. The Office of
Government Relations is funded at $9,146,000, to include not
more than $5,900,000 for functions previously conducted by the
Office of Congressional and Legislative Affairs.
Within the amounts made available for General
Administration, not less than an additional $1,500,000 shall be
specifically reserved for the hiring of Veterans Integrated
Service Network (VISN) directors; these amounts shall
supplement and not supplant amounts included in the budget
request for the hiring of VISN directors. Savings below the
requested level for the Office of Congressional and Legislative
Affairs function and the immediate Office of the Secretary have
been repurposed for this initiative, consistent with direction
in the Senate report.
Improving the veterans' experience at VA.--The conferees
note the Secretary is undertaking a major effort to better
understand the myriad of ways veterans and eligible dependents
interact with VA and then to measurably improve the veterans
experience at the point of service delivery. The current
customer experience when interacting with the Department is
disjointed, inconsistent, and all too often frustrating for the
veteran. For example, the VA has over 500 veteran-facing
websites and almost a thousand 1-800 numbers for veterans to
contact VA. To make matters worse, there is no consistent, VA-
wide performance standard for the many call centers VA
operates. In addition, the current process for training and
integrating staff at VA is sorely lacking and not on par with
commercial equivalents, particularly when it comes to front-
line staff who directly interface with veterans. Also, many of
VA's business processes (for example, compensation and pension
exams) are built to be internal-facing instead of built to put
the veteran at the center of the process. The sum of all these
limitations has a direct impact on veterans. For example, only
47 percent of veterans surveyed marked ``strongly agree or
agree'' with this statement: ``I trust VA to fulfill our
country's commitment to veterans.'' The conferees believe VA
can and should redesign, measure, and improve the way VA
provides services to veterans nationwide, and note with
interest the recent efforts by the Secretary to do that. The
conferees are interested in the metrics and data the Department
has promised it can provide that will show an increase in
veteran satisfaction resulting from the efforts the Secretary's
office has put into place over the past year intending to
improve the veteran experience. The Department is directed to
report quarterly to the Committees metrics and data that show
improvement in customer satisfaction, the veterans experience,
and employee training. The conferees did not provide a direct
appropriation for this effort in fiscal year 2017; however, the
Department is able and expected to continue improving the
veterans experience.
Financial management system.--The conference agreement
includes $8,000,000 in this account as well as $44,300,000 in
the Information Technology Systems account for development of a
new financial management system. The Department has dithered
for years in replacing its antiquated legacy system and
suffered the consequences of a near meltdown in the hospital
system in 2015 when obligations could not be correctly
reported. The conferees urge VA to make a decision in fiscal
year 2016 to replace its inadequate system with a 21st century
product so that the Committees can rely on financial
information from VA and VA can manage its obligations.
VA Patient Protection Act of 2016.--The conferees remain
concerned about reports of retaliation against whistleblowers
within the Department across the Nation. VA has promised to
foster a culture of openness by encouraging employees to report
cases of wrongdoing, yet there continue to be reports that
after bringing to light cases of wrongdoing, the whistleblowers
become subjects of retaliation. The conferees note VA must
create an environment that allows employees to openly and
safely advocate on behalf of veterans, consistent with
direction in the Senate report. The conference agreement
includes bill language in section 247 that comprehensively
addresses the creation of a formal process for whistleblowers
to file disclosures when operations within the Department fail
to meet the high standards of care and service veterans
deserve. Section 247 establishes a Central Whistleblower Office
designed as an independent investigatory body to process VA
employee complaints, which will ensure whistleblower
disclosures receive the prompt, impartial attention deserved.
Section 247 defines what actions constitute prohibited
retaliation against whistleblowers, sets forth a process under
which supervisors will be punished for handling disclosures
inappropriately, and requires VA supervisors to be evaluated on
their handling of whistleblower complaints. Further, section
247 requires the Department to report annually to the
Committees on the number of whistleblower complaints received
and their outcomes and to provide the results of Office of
Special Counsel investigations related to whistleblower
complaints.
Quarterly reporting.--In section 218 of the conference
agreement, the conferees continue to direct VA to provide on a
quarterly basis, not later than 30 days after the end of each
quarter, a quarterly financial status report that includes, at
a minimum, the information identified in this paragraph. Such
information shall include:
1. VHA obligations and collections for the four Medical
Care accounts, Nonrecurring Maintenance (as a non-add), Medical
Research, the VA-DOD Facility Demonstration Fund, and Medical
Care Collections Fund (MCCF) collections--actual to date versus
plan;
2. Updated `VA Medical Care Obligations by Program' chart
displayed in the fiscal year 2017 budget justification;
3. Choice Act obligations for sections 801 and 802--
actual to date versus plan;
4. Hepatitis C obligations, amounts funded through
appropriations versus Choice Act, both sources actual to date
versus plan;
5. Cumulative tracking of all transfers made under any
authority, including each transfer within the Medical Care
appropriations accounts;
6. General Administration obligations--personal services
versus all other--actual to date versus plan;
7. Board of Veterans Appeals obligations--personal
services versus all other--actual to date versus plan;
8. VBA, GOE obligations--personal services versus all
other--actual to date versus plan;
9. Compensation and Pensions, Readjustment Benefits, and
Veterans Insurance and Indemnities--obligations year-to-date
versus plan;
10. NCA obligations--personal services versus all other--
actual to date versus plan;
11. Information Technology Systems obligations--personal
services versus all other--actual to date versus plan;
12. Major and Minor Construction obligations--actual to
date versus plan;
13. Obligations to date for each Major Construction
project, broken into design versus construction; and
14. Status of VA full-time equivalent employment--by
Administration/IT and revolving funds--by quarter, actual
versus plan.
BOARD OF VETERANS APPEALS
The conference agreement provides $156,096,000 for the
Board of Veterans Appeals (BVA), of which not to exceed 10
percent shall remain available until September 30, 2018. Bill
language is included in section 233 permitting VA to transfer
funding between this account and the General Operating
Expenses, Veterans Benefits Administration account if needed to
align funding with the appropriate account to hire staff to
address the appeals backlog.
The conference agreement provides the full budget request
in recognition of the growing backlog in resolving appeals.
However, the conferees are skeptical that, without the
necessary legislative changes proposed by the Administration,
VA will be able to make a significant dent in the backlog. As
one step, the conferees urge the Board to hire additional BVA
board members.
Legal assistance.--The conferees request the Board to
provide a report not later than 90 days after the beginning of
fiscal year 2017 about the possible need for legal assistance
by veterans who are appealing their ruling from the Veterans
Benefits Administration. The report should include information
about: (1) the percentage of appellants who receive free legal
counsel from veterans service organizations or others versus
those who represent themselves or have paid legal counsel; (2)
the Board's estimate of unmet legal need among appellants; (3)
possible mechanisms to provide free legal assistance to
veterans who do not have and are unable to afford legal
assistance; and (4) the legal assistance program provided
through the U.S. Court of Appeals for Veterans Claims and
whether such a program would be appropriate for the Board,
including a description of program structure and cost.
INFORMATION TECHNOLOGY SYSTEMS
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $4,278,259,000 for
Information Technology (IT) Systems. The agreement identifies
separately in bill language the funding available for pay
($1,272,548,000); operations and maintenance ($2,534,442,000);
and systems development, modernization, and enhancement
($471,269,000). The agreement makes $37,100,000 of pay funding
available until the end of fiscal year 2018; $180,200,000 of
operations and maintenance funding available until the end of
fiscal year 2018; and all IT systems development, modernization
and enhancement funding available until the end of fiscal year
2018.
The conference agreement includes $259,874,000 for VistA
Evolution, the modernization of the interoperable electronic
health record (EHR) or any successor program; $143,000,000 in
information technology funding for the Veterans Benefits
Management System which processes disability claims;
$19,100,000 for the claims appeals modernization effort;
$20,000,000 for Section 508 compliance efforts; $44,300,000 for
development of a new VA financial management system; and
$370,067,000 for the VA information security program, including
$125,000,000 for the Cybersecurity Strategy Implementation
program.
As with the fiscal year 2013-2016 appropriations Acts,
the fiscal year 2017 agreement includes a prohibition on
obligation or expenditure of more than 25 percent of fiscal
year 2017 funds provided for development, modernization, and
enhancement of the VistA Evolution EHR or a successor program
until the Department meets reporting and accountability
requirements contained in the conference bill language.
The conference agreement includes language prohibiting
the obligation of IT development, modernization, and
enhancement funding until VA submits a certification of the
amounts to be obligated, in part or in full, for each
development project.
The conference agreement includes language permitting
funding to be transferred among the three IT subaccounts,
subject to approval from the Committees.
The conference agreement includes language providing that
funding may be transferred among development projects or to new
projects subject to the Committees' approval.
The conference agreement provides funding for IT
development, modernization, and enhancement for the projects
and in the amounts specified in the following table:
INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS
[in thousands of dollars]
------------------------------------------------------------------------
Project Conference
------------------------------------------------------------------------
Electronic Health Record Interoperability/VLER Health 17,322
VistA Evolution or successor EHR program............. 63,339
Veterans Benefits Management System (VBMS)........... 85,288
Virtual Lifetime Electronic Record (VLER)............ 17,857
Veteran Customer Experience.......................... 73,624
VHA Research IT Support Development.................. 15,066
Other IT Systems Development......................... 198,773
------------------
Total, All Development........................... $471,269
------------------------------------------------------------------------
This table is intended to serve as the Department's
approved list of development projects; any requested changes
are subject to reprogramming requirements.
Appointment scheduling.--For more than a decade, VA has
spent millions in an attempt to replace its antiquated
scheduling system. VA has begun to fix some of the worst
problems in the system with its rollout of VistA Scheduling
Enhancement (VSE). But further efforts to modernize scheduling
have been put on hold until VA makes a decision about what
direction to take with modernizing the electronic health
record. The conferees understand the need to align the two
systems, but are distressed about the further delays in the
implementation of both. The conferees expect that VA will
finalize its strategic approach for both the electronic health
record and scheduling before the end of fiscal year 2016.
Expenditure plan.--The conference agreement directs the
Department to continue to provide an IT expenditure plan to the
Committees not later than the start of fiscal year 2017, as
indicated in both the House and Senate reports. This plan
should be in the same format as the table above.
Periodic briefings.--The conferees continue to require VA
to provide quarterly briefings to the Committees regarding
schedule, milestones, and obligations for VistA Evolution or
any successor program. The conferees also require quarterly
briefings from the DOD/VA Interagency Program Office on the EHR
interoperability project.
Data matching with the Department of Education.--The
conferees urge VA to establish a matching program with the
Department of Education to identify veterans who are
unemployable due to a service-connected disability. Under
current law, veterans who have been determined by VA to be
unemployable due to a service-connected disability are also
eligible for student loan forgiveness. However, given the
complexity of the loan discharge process and the seeming lack
of communication between the Departments of Veterans Affairs
and Education, disabled veterans would stand to benefit from
greater coordination between the two Departments.
OFFICE OF INSPECTOR GENERAL
The conference agreement provides $160,106,000 for the
Office of Inspector General (OIG). Of the amount provided, not
to exceed 10 percent is available for obligation until
September 30, 2018. The conference agreement directs that the
OIG should post publicly any report or audit not later than 3
days after it is submitted to the Secretary in final form.
CONSTRUCTION, MAJOR PROJECTS
The conference agreement provides $528,110,000 for
Construction, Major Projects, which is the same as the budget
request. The agreement makes this funding available for five
years, except that $50,000,000 is made available until
expended.
Outside project management.--To ensure the Department
will never again mishandle public funds on a construction
project in the manner and to the degree the Denver VA Medical
Center in Aurora, CO, was mismanaged, the conference agreement
directs that $222,620,000 for Veterans Health Administration
major construction projects shall not be available until the
Department enters into an agreement with a non-Department of
Veterans Affairs Federal entity to serve as the design and/or
construction agent for each major construction project with a
total estimated cost of $100,000,000 or above. The conference
agreement makes the funding available for obligation for each
project only after VA certifies that the agreement with the
non-Department Federal entity is in effect for that project.
The two VHA projects affected by the fencing provision are in
Reno, Nevada, and Long Beach, California. The requirement to
contract with an outside agent for major construction projects
was also mandated in Section 502 of the Department of Veterans
Affairs Expiring Authorities Act of 2015 (Public Law 114-58),
enacted on September 30, 2015. The law contemplates that the
non-Department Federal entity will provide management over all
or part of the project design, acquisition, construction, and
appropriate contract changes, and the Department will reimburse
the entity for all appropriate costs associated with the
provision of such services.
The conference agreement funds the following items as
requested in the budget submission:
CONSTRUCTION, MAJOR PROJECTS
[in thousands of dollars]
------------------------------------------------------------------------
Conference
Location and description Agreement
------------------------------------------------------------------------
Veterans Health Admin. (VHA):
Long Beach, CA, seismic corrections for mental $30,200
health and community living center..............
Reno, NV, upgrade seismic, life safety, 192,420
utilities, and expand clinical services.........
Advance Planning and Design Fund--various 65,000
locations.......................................
Major Construction staff--various locations.......... 24,000
Claims Analysis--various locations................... 5,000
Hazardous Waste--various locations................... 10,000
Judgment Fund--various locations..................... 9,000
Non-Dept. Fed. Entity Project Management Support..... 49,490
------------------
Total VHA........................................ 385,110
National Cemetery Admin. (NCA):
Elmira, NY--new national cemetery--Western NY.... 36,000
Las Animas, CO--new national cemetery--Southern 36,000
CO..............................................
Jacksonville, FL--gravesite expansion............ 24,000
South Florida, FL --gravesite expansion.......... 31,000
Advance Planning and Design Fund--various 10,000
locations.......................................
------------------
Total NCA.................................... 137,000
General Admin.:
Staff Offices Advance Planning Fund.............. 6,000
------------------
Major Construction total..................... $528,110
------------------------------------------------------------------------
Major construction budget justification documents.--The
conferees reiterate their concerns regarding the budget
justifications submitted for projects funded in this account.
The congressional budget justification materials that accompany
the President's Budget require a greater level of detail to
enhance oversight of the Department's major construction
projects. Therefore, the conference agreement includes a new
administrative provision section 258, requiring the Department
to submit enhanced budget justification documents for projects
for which funds are requested. Pursuant to section 258, such
justifications shall include, at a minimum, the following
elements for all major construction projects:
1. Project description, to include phases (if applicable)
delineated by fiscal year, funding for each phase by fiscal
year, and a detailed description of what that funding procures;
2. Project justification and analysis of benefits;
3. A comparison of budget authority with the prior year's
President's Budget for budget authority already received and
needed in future years;
4. A justification of any cost, schedule, or design
change from prior years;
5. Total estimated cost with a detailed breakout by
design, construction (differentiated by primary and support
facilities), and operating costs;
6. A complete project schedule to include dates
indicating design start, 35 percent design completion, award of
construction documents, design completion, award of
construction contract, and estimated construction completion;
7. Design contract type;
8. An analysis of alternatives with associated costs;
9. Demographic data; and
10. Workload data.
The Department is directed to submit this information in
a format resembling the Department of Defense form 1391 (DD
1391). In addition, language is included requiring the
Department to submit a proposed budget justification template
that complies with this requirement to the Committees within 45
days of enactment of this Act.
Alternative sources of construction funding.--The
conferees are aware of the budget challenges with new facility
construction at VA. The conferees are pleased that VA has begun
to work with the private sector in developing public-private
partnerships (P3). P3 projects take advantage of readily
available private sector investment capital, expertise, and
entrepreneurial discipline. Where private sector financing has
already been identified, and where practical, the conferees
urge VA to use a P3 model on future VA construction projects.
CONSTRUCTION, MINOR PROJECTS
The conference agreement provides $372,069,000 for
Construction, Minor Projects. The agreement makes this funding
available for five years. Included within the total is
$285,000,000 for the Veterans Health Administration;
$56,890,000 for the National Cemetery Administration;
$20,000,000 for the Veterans Benefits Administration; and
$10,179,000 for General Administration--Staff Offices.
Expenditure Plan.--The conference agreement includes a
directive for the Department to provide an expenditure plan not
later than 30 days after the beginning of the fiscal year, as
provided in the Senate report. This expenditure plan shall
include a complete list of minor construction projects to be
supported with the fiscal year 2017 appropriation. The plan
shall be updated six months and twelve months after enactment.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
The conference agreement provides $90,000,000 for Grants
for Construction of State Extended Care Facilities, to remain
available until expended.
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES
The conference agreement provides $45,000,000 for Grants
for Construction of Veterans Cemeteries, to remain available
until expended.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
The conference agreement includes section 201 allowing
for transfer of funds among the three mandatory accounts.
The conference agreement includes section 202 allowing
for the transfer of funds among the four medical accounts.
The conference agreement includes section 203 allowing
salaries and expenses funds to be used for related authorized
purposes.
The conference agreement includes section 204 restricting
the accounts that may be used for the acquisition of land or
the construction of any new hospital or home.
The conference agreement includes section 205 limiting
the use of funds in the Medical Services account only for
entitled beneficiaries unless reimbursement is made to the
Department.
The conference agreement includes section 206 allowing
for the use of certain mandatory appropriations accounts for
payment of prior year accrued obligations for those accounts.
The conference agreement includes section 207 allowing
the use of appropriations available in this title to pay prior
year obligations.
The conference agreement includes section 208 allowing
the Department to use surplus earnings from the National
Service Life Insurance Fund, the Veterans' Special Life
Insurance Fund, and the United States Government Life Insurance
Fund to administer these programs.
The conference agreement includes section 209 allowing
the Department to cover the administrative expenses of
enhanced-use leases and provides authority to obligate these
reimbursements in the year in which the proceeds are received.
The conference agreement includes section 210 limiting
the amount of reimbursement the Office of Resolution Management
and the Office of Employment Discrimination Complaint
Adjudication can charge other offices of the Department for
services provided.
The conference agreement includes section 211 requiring
the Department to collect third-party payer information for
persons treated for a non-service-connected disability.
The conference agreement includes section 212 allowing
for the use of enhanced-use leasing revenues for Construction,
Major Projects and Construction, Minor Projects.
The conference agreement includes section 213 outlining
authorized uses for Medical Services funds.
The conference agreement includes section 214 allowing
for funds deposited into the Medical Care Collections Fund to
be transferred to the Medical Services and Medical Community
Care accounts.
The conference agreement includes section 215 which
allows Alaskan veterans to use medical facilities of the Indian
Health Service or tribal organizations.
The conference agreement includes section 216 permitting
the transfer of funds from the Department of Veterans Affairs
Capital Asset Fund to the Construction, Major Projects and
Construction, Minor Projects accounts and makes those funds
available until expended.
The conference agreement includes section 217 rescinding
$7,246,181,000 of fiscal year 2017 Medical Services funds that
were provided in advance. This funding is now provided through
the Medical Community Care account.
The conference agreement includes section 218 requiring
the Secretary to submit financial status quarterly reports for
each of the Administrations in the Department. The specific
data requested is similar to that requested in the fiscal year
2016 conference report.
The conference agreement includes section 219 requiring
the Department to notify and receive approval from the
Committees of any proposed transfer of funding to or from the
Information Technology Systems account and limits the aggregate
annual increase in the account to no more than 10 percent of
the funding appropriated to the account in this Act.
The conference agreement includes section 220 prohibiting
any funds from being used in a manner that is inconsistent with
statutory limitations on outsourcing.
The conference agreement includes section 221 providing
up to $274,731,000 of fiscal year 2017 funds for transfer to
the Joint DOD-VA Medical Facility Demonstration Fund.
The conference agreement includes section 222 which
permits up to $280,802,000 of fiscal year 2018 medical care
funding provided in advance to be transferred to the Joint DOD-
VA Medical Facility Demonstration Fund.
The conference agreement includes section 223 which
authorizes transfers from the Medical Care Collections Fund to
the Joint DOD-VA Medical Facility Demonstration Fund.
The conference agreement includes section 224 which
transfers at least $15,000,000 from VA medical accounts to the
DOD-VA Health Care Sharing Incentive Fund.
The conference agreement includes section 225 prohibiting
funds available to the Department in this or any other Act from
being used to replace the current system by which VISNs select
and contract for diabetes monitoring supplies and equipment.
The conference agreement includes section 226 requiring
that the Department notify the Committees of bid savings in a
major construction project of at least $5,000,000, or 5
percent, whichever is less, 14 days prior to the obligation of
the bid savings and their anticipated use.
The conference agreement includes section 227 which
prohibits VA from increasing the scope of work for a major
construction project above the scope specified in the original
budget request unless the Secretary receives approval from the
Committees.
The conference agreement includes section 228 requiring a
quarterly report from each VBA regional office on pending
disability claims, both initial and supplemental; error rates;
the number of claims processing personnel; corrective actions
taken; training programs; and review team audit results.
The conference agreement includes section 229 limiting
the funding from the Medical Services and Medical Support and
Compliance accounts for the electronic health record and
electronic health record interoperability projects.
The conference agreement includes section 230 requiring
VA to notify the Committees 15 days prior to any staff office
relocations within VA of 25 or more FTE.
The conference agreement includes section 231 requiring
the Secretary to report to the Committees each quarter about
any single national outreach and awareness marketing campaign
exceeding $2,000,000.
The conference agreement includes section 232 permitting
the transfer to the Medical Services account of fiscal year
discretionary 2017 funds appropriated in this Act or available
from advance fiscal year 2017 funds already appropriated,
except for funds appropriated to General Operating Expenses,
VBA, to address possible unmet, high priority needs in Medical
Services. Such unanticipated demands may result from
circumstances such as a greater than projected number of
enrollees or higher intensity of use of benefits. Any such
transfer requires the approval of the Committees.
The conference agreement includes section 233 permitting
the transfer of funding between the General Operating Expenses,
Veterans Benefits Administration account and the Board of
Veterans Appeals account if necessary to permit the hiring of
staffing at the appropriate stage of the appeals process to
address mounting claims appeals workload. Any such transfer
requires the approval of the Committees.
The conference agreement includes section 234 prohibiting
the Secretary from reprogramming funds in excess of $5,000,000
among major construction projects or programs unless the
reprogramming is approved by the Committees.
The conference agreement includes section 235 rescinding
$40,000,000 in unobligated balances in the DOD-VA Health Care
Sharing Incentive Fund.
The conference agreement includes sections 236 and 237
making general rescissions of $169,000,000 in fiscal year 2017
advance appropriations and reductions of $23,000,000 in fiscal
year 2017 current funded appropriations.
The conference agreement includes section 238 mandating
certain professional standards for the veterans crisis hotline.
The conference agreement includes section 239 pertaining
to certification of marriage and family therapists.
The conference agreement includes section 240 restricting
funds from being used to close certain medical facilities in
the absence of a national realignment strategy.
The conference agreement includes section 241 which
prohibits funds from being used to transfer funding from the
Filipino Veterans Equity Compensation Fund to any other VA
account.
The conference agreement includes section 242 which
provides an extension through fiscal year 2017 of the Access
Received Closer to Home (ARCH) program.
The conference agreement includes section 243 which ends
a co-payment requirement for opioid antagonists and supports
education on the use of opioid antagonists.
The conference agreement includes section 244 requiring
the VA Inspector General to make public all work products.
The conference agreement includes section 245 permitting
funding to be used in fiscal years 2017 and 2018 to carry out
and expand the child care pilot program authorized by section
205 of Public Law 111-163.
The conference agreement includes section 246 making
mandatory the reporting to State prescription drug monitoring
programs.
The conference agreement includes section 247 which
includes the text of the VA Patient Protection Act of 2016
addressing protections for VA whistleblowers.
The conference agreement includes section 248 identifying
information which may be used to verify the status of coastwise
merchant seamen who served during World War II for the purposes
of eligibility for medals, ribbons, or other military
decorations.
The conference agreement includes section 249 providing
monthly assistance allowances for disabled veterans competing
on United States Olympic teams.
The conference agreement includes section 250 which
provides coverage under the VA beneficiary travel program for
certain types of special disabilities rehabilitation.
The conference agreement includes section 251 which
requires VA to conduct annual inspections of kitchens and food
service areas of each medical facility, through the Joint
Commission on Accreditation of Hospital Organizations, with
required remediation if necessary.
The conference agreement includes section 252 which
requires VA to conduct periodic inspections of mold issues at
VA medical facilities through the Joint Commission on
Accreditation of Hospital Organizations, along with required
remediation if necessary.
The conference agreement includes section 253 reinstating
the requirement for a report on the capacity of VA to provide
for specialized treatment and rehabilitative needs of disabled
veterans.
The conference agreement includes section 254 permitting
the Secretary to use appropriated funds to ensure particular
ratios of veterans to full-time employment equivalents within
any VA program of rehabilitation.
The conference agreement includes section 255 indicating
that no funds available in the Act may be used to deny the
Inspector General timely access to Department records and
documents over which the Inspector General has responsibilities
under the Inspector General Act of 1978.
The conference agreement includes section 256 forbidding
funds to be used to enter into a settlement that would restrict
an individual's freedom to speak to Members of Congress or
their staff.
The conference agreement includes section 257 providing
authority for the Veterans Health Administration to administer
the National Veterans Sports Program.
The conference agreement includes section 258 requiring
certain data to be included in budget justifications for Major
Construction projects.
The conference agreement includes section 259 which
authorizes 8 VA major construction projects that were funded in
fiscal year 2016.
The conference agreement includes section 260 allowing
the use of Medical Services funding for fertility treatment and
adoption reimbursement for veterans and their spouses if the
veteran has a service-connected disability that results in
being unable to procreate without such fertility treatment.
The Secretary of Veterans Affairs shall develop and
publish implementing guidance within 120 days of enactment of
this Act. The implementing guidance developed by the Secretary
shall not be materially different from, and in no way more
expansive than, the implementing guidance promulgated by the
Department of Defense in the April 3, 2012 memorandum from the
Assistant Secretary of Defense (Health Affairs) entitled
``Policy for Assisted Reproductive Services for the Benefit of
Seriously or Severly Ill/Injured (Category II or III) Active
Duty Service Members''.
TITLE III--RELATED AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES
The conference agreement includes $75,100,000 for
Salaries and Expenses of the American Battle Monuments
Commission (ABMC), as requested.
The conferees appreciate and support the meaningful work
of the ABMC to preserve commemorative and historical sites and
to educate the public about the United States Armed Forces. The
conferees further recognize the critical role that African
Americans and other minorities played during World War II. The
conferees urge the ABMC to partner with Department of Defense
historians to ensure that these servicemembers and support
staff are properly recognized at ABMC sites. Further, the
conferees direct the ABMC to appropriately incorporate the
contributions of African Americans and other minorities into
ABMC's interpretive exhibits and on the ABMC website.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
The conference agreement includes such sums as necessary
for the Foreign Currency Fluctuations Account. However, due to
favorable exchange rates, no funds are expected to be required
in fiscal year 2017.
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
SALARIES AND EXPENSES
The conference agreement includes $30,945,000 for
Salaries and Expenses for the United States Court of Appeals
for Veterans Claims, as requested.
DEPARTMENT OF DEFENSE--CIVIL
CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES
The conference agreement includes $70,800,000 for
Cemeterial Expenses, Army--Salaries and Expenses, as requested.
Within that amount, up to $15,000,000 in funding is available
until September 30, 2019.
ARMED FORCES RETIREMENT HOME TRUST FUND
The conference agreement includes a total of $64,300,000
for the Armed Forces Retirement Home (AFRH), as requested, but
does not provide the funds in the manner requested. The
agreement does not include the indefinite transfer of an
estimated $22,000,000 in funds from the Department of Defense
(DOD), Operations and Maintenance, Defense-Wide Account, as
requested. Instead, the conference agreement directs that
$42,300,000 be derived from the Trust Fund and $22,000,000 be
provided from the General Fund to support AFRH operations.
Trust Fund Solvency.--The conferees are disappointed the
Department of Defense did not include with the fiscal year 2017
budget request legislative proposals and administrative actions
that can be taken under current law in order to achieve Trust
Fund solvency in spite of clear direction to do so in the
Explanatory Statement accompanying Public Law 114-113, the
Consolidated Appropriations Act, 2016. Both legislative and
administrative actions are necessary to improve Trust Fund
solvency, eliminate AFRH's reliance on the General Fund, and
maintain the high-quality services provided to AFRH residents.
The conferees again direct DOD, working with AFRH, to take
appropriate administrative action and to develop and submit
proposed authorizing language with the fiscal year 2018 budget
request that addresses the issue of Trust Fund solvency. In
addition, AFRH is directed to regularly report to the
Committees on efforts to stabilize the Trust Fund and to lease
its property at the Washington, D.C. facility.
Study Findings and Proposals.--AFRH's budget request
notes that DOD has undertaken an in-depth study to develop mid-
term and long-term plans to improve Trust Fund solvency. The
study also includes an analysis of AFRH operations to include
benchmarking and to identify potential legislative changes to
revise AFRH's funding model. The Committees request further
information from DOD regarding the study, including a report on
its cost, scope of work, deliverables, and timeline, and
requests a briefing on the findings and resulting proposals.
The conferees are troubled that the study's statement of work
seems to be focused on cuts to core AFRH operations as a means
of achieving Trust Fund solvency. The conference agreement
directs that AFRH and the Department of Defense submit by
October 1, 2016, a proposal that ensures the long-term
sustainability of the Trust Fund by replenishing the Trust
Fund's revenues, not by cutting core AFRH operations.
ADMINISTRATIVE PROVISIONS
The conference agreement includes section 301 permitting
funds to be provided to Arlington County, Virginia, for the
relocation of a water main located on the Arlington National
Cemetery property.
The conference agreement includes section 302 allowing
Arlington National Cemetery to deposit and use funds derived
from concessions.
TITLE IV--OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
The conference agreement includes title IV, Overseas
Contingency Operations, for military construction projects
related to the Global War on Terrorism, the European
Reassurance Initiative and Counterterrorism Support that were
requested by the Administration in the Fiscal Year 2017
Overseas Contingency Operations budget request.
MILITARY CONSTRUCTION, ARMY
The conference agreement includes $18,900,000 for
``Military Construction, Army'', as requested in the Fiscal
Year 2017 Overseas Contingency Operations budget request, for
planning and design in support of the European Reassurance
Initiative.
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
The conference agreement includes $59,809,000 for
``Military Construction, Navy and Marine Corps'', as requested
in the Fiscal Year 2017 Overseas Contingency Operations budget
request, of which $21,400,000 is in support of the European
Reassurance Initiative and $38,409,000 is in support of
Overseas Contingency Operations.
MILITARY CONSTRUCTION, AIR FORCE
The conference agreement includes $88,291,000 for
``Military Construction, Air Force'', as requested in the
Fiscal Year 2017 Overseas Contingency Operations budget
request, of which $68,280,000 is in support of the European
Reassurance Initiative, $11,440,000 is in support of Overseas
Contingency Operations, and $8,571,000 is in support of
counterterrorism efforts.
MILITARY CONSTRUCTION, DEFENSE-WIDE
The conference agreement includes $5,000,000 for
``Military Construction, Defense-Wide'', as requested in the
Fiscal Year 2017 Overseas Contingency Operations budget
request, for unspecified minor military construction for the
Joint Staff in support of the European Reassurance Initiative.
ADMINISTRATIVE PROVISION
The conference agreement includes section 401 regarding
emergency designation for the Overseas Contingency Operations
accounts.
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TITLE V--GENERAL PROVISIONS
The conference agreement includes section 501 prohibiting
the obligation of funds in this Act beyond the current fiscal
year unless expressly so provided.
The conference agreement includes section 502 prohibiting
the use of the funds in this Act for programs, projects, or
activities not in compliance with Federal law relating to risk
assessment, the protection of private property rights, or
unfunded mandates.
The conference agreement includes section 503 encouraging
all Departments to expand their use of ``E-Commerce.''
The conference agreement includes section 504 specifying
the congressional committees that are to receive all reports
and notifications.
The conference agreement includes section 505 prohibiting
the transfer of funds to any instrumentality of the United
States Government without authority from an appropriations Act.
The conference agreement includes section 506 prohibiting
the use of funds for a project or program named for a serving
Member, Delegate, or Resident Commissioner of the United States
House of Representatives.
The conference agreement includes section 507 requiring
all reports submitted to Congress to be posted on official web
sites of the submitting agency.
The conference agreement includes section 508 prohibiting
the use of funds to establish or maintain a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography, except for law enforcement
investigation, prosecution, or adjudication activities.
The conference agreement includes section 509 prohibiting
the use of funds for the payment of first-class air travel by
an employee of the executive branch.
The conference agreement includes section 510 prohibiting
the use of funds in this Act for any contract where the
contractor has not complied with E-Verify requirements.
The conference agreement includes section 511 prohibiting
the use of funds in this Act by the Department of Defense or
the Department of Veterans Affairs for the purchase or lease of
a new vehicle except in accordance with Presidential
Memorandum--Federal Fleet Performance, dated May 24, 2011.
The conference agreement includes section 512 prohibiting
the use of funds in this Act for the renovation, expansion, or
construction of any facility in the continental United States
for the purpose of housing any individual who has been detained
at the United States Naval Station, Guantanamo Bay, Cuba.
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DIVISION B--ZIKA RESPONSE AND PREPAREDNESS APPROPRIATIONS
The conference agreement includes $1,108,094,000 in
fiscal year 2016 appropriations for Zika response and
preparedness. These funds will provide the Department of Health
and Human Services and Department of State, and the U.S. Agency
for International Development, with additional resources to
combat the Zika virus. In addition, the conference agreement
includes a rescission of $10,000,000 from unobligated balances
of Ebola response and preparedness funds under Operating
Expenses of the U.S. Agency for International Development.
Within the funds provided for Centers for Disease Control
and Prevention (CDC), the conferees intend a robust level of
funding to support mosquito control efforts conducted by State,
county, or municipal programs, including mosquito control
districts. CDC should consider the risk of active or local
transmission of the Zika virus when allocating such funds. The
conferees also encourage the Secretary to update the Healthcare
Common Procedure Coding System to account for specific coding
requirements and adequate reimbursement rates for Zika
diagnostic tests recognized by the Food and Drug
Administration.
A table displaying additional detail for the funding in
division B follows.
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DIVISION C--ZIKA VECTOR CONTROL ACT
The conference agreement includes the ``Zika Vector
Control Act'' as division C.
DIVISION D--RESCISSIONS OF FUNDS
The conference agreement includes $750,000,000 in
budgetary savings for fiscal year 2016, as follows:
$543,000,000 are rescinded from amounts
available under section 1323(c)(1) of the Patient
Protection and Affordable Care Act;
$100,000,000 are rescinded from the Non-
recurring expenses fund of the Department of Health and
Human Services; and
$107,000,000 are rescinded from the
unobligated balances of Ebola response and preparedness
funds under the Economic Support Fund heading.
Harold Rogers,
Tom Cole,
Kay Granger,
Charles W. Dent,
Jeff Fortenberry,
Thomas J. Rooney,
Martha Roby,
David G. Valadao,
Managers on the Part of the House.
Thad Cochran,
Mark Kirk,
Mitch McConnell,
Lisa Murkowski,
John Hoeven,
Susan Collins,
John Boozman,
Shelley Moore Capito,
Roy Blunt,
Lindsey Graham,
Managers on the Part of the Senate.
[all]