PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 857 

Public Law 114–223 

114th Congress 

An Act 

Making continuing appropriations for fiscal year 2017, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Continuing Appropriations and 

Military Construction, Veterans Affairs, and Related Agencies 

Appropriations Act, 2017, and Zika Response and Preparedness 

Act’’. 

SEC. 2. TABLE OF CONTENTS. 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Statement of appropriations. 

Sec. 5. Availability of funds. 

Sec. 6. Explanatory statement. 

DIVISION A—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2017 

Title I—Department of Defense 

Title II—Department of Veterans Affairs 

Title III—Related agencies 

Title IV—Overseas contingency operations 

Title V—General provisions 

DIVISION B—ZIKA RESPONSE AND PREPAREDNESS 

Title I—Department of Health and Human Services 

Title II—Department of State 

Title III—General Provisions—This Division 

DIVISION C—CONTINUING APPROPRIATIONS ACT, 2017 

DIVISION D—RESCISSIONS OF FUNDS 

SEC. 3. REFERENCES. 

Except as expressly provided otherwise, any reference to ‘‘this 

Act’’ contained in any division of this Act shall be treated as 

referring only to the provisions of that division. 

SEC. 4. STATEMENT OF APPROPRIATIONS. 

The following sums in this Act are appropriated, out of any 

money in the Treasury not otherwise appropriated, for the fiscal 

year ending September 30, 2017. 

SEC. 5. AVAILABILITY OF FUNDS. 

Each amount designated in this Act by the Congress as an 

emergency requirement pursuant to section 251(b)(2)(A)(i) of the 

Balanced Budget and Emergency Deficit Control Act of 1985 shall 

Continuing 

Appropriations 

and Military 

Construction, 

Veterans Affairs, 

and Related 

Agencies 

Appropriations 

Act, 2017, and 

Zika Response 

and 

Preparedness 

Act. 

Sept. 29, 2016 

[H.R. 5325] 


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130 STAT. 858 PUBLIC LAW 114–223—SEPT. 29, 2016 

be available (or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. 

SEC. 6. EXPLANATORY STATEMENT. 

(a) The explanatory statement regarding this Act, printed in 

the Senate section of the Congressional Record on or about September 22, 2016, by the Chairman of the Committee on Appropriations of the Senate, shall have the same effect with respect to 

the allocation of funds and implementation of divisions A through 

D of this Act as if it were a joint explanatory statement of a 

committee of conference. 

(b) Any reference to the ‘‘joint explanatory statement accompanying this Act’’ contained in division A of this Act shall be 

considered to be a reference to the explanatory statement described 

in subsection (a). 

DIVISION A—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS 

ACT, 2017 

TITLE I 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by 

law, including personnel in the Army Corps of Engineers and other 

personal services necessary for the purposes of this appropriation, 

and for construction and operation of facilities in support of the 

functions of the Commander in Chief, $513,459,000, to remain 

available until September 30, 2021: Provided, That, of this amount, 

not to exceed $98,159,000 shall be available for study, planning, 

design, architect and engineer services, and host nation support, 

as authorized by law, unless the Secretary of the Army determines 

that additional obligations are necessary for such purposes and 

notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, naval installations, facilities, 

and real property for the Navy and Marine Corps as currently 

authorized by law, including personnel in the Naval Facilities 

Engineering Command and other personal services necessary for 

the purposes of this appropriation, $1,021,580,000, to remain available until September 30, 2021: Provided, That, of this amount, 

not to exceed $88,230,000 shall be available for study, planning, 

design, and architect and engineer services, as authorized by law, 

unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees 

on Appropriations of both Houses of Congress of the determination 

and the reasons therefor. 

Determination. 

Notification. 

Determination. 

Notification. 

Military 

Construction, 

Veterans Affairs, 

and Related 

Agencies 

Appropriations 

Act, 2017. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 859 

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. 

Determination. 

Notification. 

Determination. 

Notification. 

United Kingdom. 

Determination. 

Notification. 


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130 STAT. 860 PUBLIC LAW 114–223—SEPT. 29, 2016 

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 

Determination. 

Notification. 

Determination. 

Notification. 

Determination. 

Notification. 

Determination. 

Notification. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 861 

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. 


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130 STAT. 862 PUBLIC LAW 114–223—SEPT. 29, 2016 

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. 

Determinations. 

Contracts. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 863 

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. 

Notification. 

Military exercise. 

Deadline. 

Contracts. 

Kwajalein Atoll. 

Contracts. 

Japan. 

Notification. 

Contracts. 

Steel. 

Notification. 


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130 STAT. 864 PUBLIC LAW 114–223—SEPT. 29, 2016 

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 

Deadline. 

Notification. 

10 USC 2821 

note. 

Deadline. 

Notification. 

Determination. 

Contracts. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 865 

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. 

Certification. 

Compliance. 

Time period. 

Determination. 

Reports. 

Deadline. 


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130 STAT. 866 PUBLIC LAW 114–223—SEPT. 29, 2016 

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 

Deadline. 

Expenditure 

plan. 

Deadline. 

Expenditure 

plan. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 867 

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, Guanta ́namo 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 

Cost analysis. 

Reports. 

Certification. 

Cuba. 

Definition. 


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130 STAT. 868 PUBLIC LAW 114–223—SEPT. 29, 2016 

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’’. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 869 

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, Drugs and drug 

abuse. 

Requirements. 

Priorities. 

Priorities. 

Determination. 


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130 STAT. 870 PUBLIC LAW 114–223—SEPT. 29, 2016 

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 nonDepartment 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, 

Therapeutic 

devices. 

Prosthetics. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 871 

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 


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130 STAT. 872 PUBLIC LAW 114–223—SEPT. 29, 2016 

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 

Strategic plan. 

Implementation 

plan. 

Analysis. 

Reports. 

Time period. 

Certification. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 873 

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 

Certification. 

Strategic plan. 


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130 STAT. 874 PUBLIC LAW 114–223—SEPT. 29, 2016 

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 nonDepartment 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. 

Certification. 

Contracts. 

Reports. 

Contracts. 

Deadlines. 

Assessments. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 875 

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. 

Transfer 

authority. 

Time period. 


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130 STAT. 876 PUBLIC LAW 114–223—SEPT. 29, 2016 

(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’’. 

Notification. 

Transfer 

authority. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 877 

(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 

Determination. 

Reimbursement. 


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130 STAT. 878 PUBLIC LAW 114–223—SEPT. 29, 2016 

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 

Deadline. 

Reports. 

Definition. 

Compliance. 

Contracts. 

Alaska. 

Native 

Americans. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 879 

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, 

129 Stat. 2697. 

Notification. 

Transfer 

authority. 


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130 STAT. 880 PUBLIC LAW 114–223—SEPT. 29, 2016 

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 DefenseDepartment 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 DefenseDepartment 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. 

Notification. 

Contracts. 

Deadlines. 

Notification. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 881 

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 

Approval. 

Determination. 

Transfer 

authority. 

Deadline. 

Notification. 

Notification. 

Deadline. 

Notification. 

Electronic 

records. 

Deadline. 

Reports. 


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130 STAT. 882 PUBLIC LAW 114–223—SEPT. 29, 2016 

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— 

Hotline. 

Reprogramming 

approval. 

Transfer 

authority. 

Determination. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 883 

(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. 

Strategy. 

Plans. 

Reports. 

Analysis. 

Criteria. 


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130 STAT. 884 PUBLIC LAW 114–223—SEPT. 29, 2016 

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 

‘‘§ 1A731. 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. 

‘‘§ 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. 

38 USC 732. 

38 USC 731. 

38 USC 

731 prec. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 885 

‘‘(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 

Notification. 

Determination. 

Notification. 

Deadlines. 

Reports. 

Records. 

Reports. 

Deadline. 

Determination. 


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130 STAT. 886 PUBLIC LAW 114–223—SEPT. 29, 2016 

‘‘(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. 

Hotline. 

Consultation. 

Deadline. 

Consultation. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 887 

‘‘(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. 

‘‘§ 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; 

Time period. 

Notification. 

Time period. 

Determination. 

38 USC 733. 

Definition. 


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130 STAT. 888 PUBLIC LAW 114–223—SEPT. 29, 2016 

‘‘(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. 

‘‘§ 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. 

Notification. 

Hearings. 

Determination. 

Repayment. 

Time period. 

38 USC 734. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 889 

‘‘§ 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). 

‘‘§ 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 

38 USC 736. 

Web posting. 

Deadline. 

Deadline. 

Coordination. 

38 USC 735. 


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130 STAT. 890 PUBLIC LAW 114–223—SEPT. 29, 2016 

‘‘(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.— 

38 USC 

701 prec. 

38 USC 

701 prec. 

Definition. 

Deadline. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 891 

(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: 

‘‘§ 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 

Verification. 

Time period. 

38 USC 

701 prec. 

38 USC 715. 


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130 STAT. 892 PUBLIC LAW 114–223—SEPT. 29, 2016 

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. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 893 

(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 

Contracts. 

Deadlines. 

Deadlines. 

Inspections. 

38 USC 1701 

note. 

38 USC 111 note. 


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130 STAT. 894 PUBLIC LAW 114–223—SEPT. 29, 2016 

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. 

Recommendations. 

Assessment. 

Deadline. 

Reports. 

Deadlines. 

Deadlines. 

Inspections. 

38 USC 1701 

note. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 895 

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 

Budget. 

38 USC 303 note. 

Contracts. 

Reports. 

Deadline. 

Compliance. 

Records. 


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130 STAT. 896 PUBLIC LAW 114–223—SEPT. 29, 2016 

(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 

Deadline. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 897 

(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 

Definitions. 


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130 STAT. 898 PUBLIC LAW 114–223—SEPT. 29, 2016 

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. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 899 

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, DefenseWide’’, $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. 


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130 STAT. 900 PUBLIC LAW 114–223—SEPT. 29, 2016 

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 

Pornography. 

Time period. 

Web posting. 

Reports. 

Determination. 

Reports. 

Notifications. 

President. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 901 

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 firstclass 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, Guanta ́namo 

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, 

Guanta ́namo 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, 

Guanta ́namo 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, Guanta ́namo Bay, Cuba. 

This division may be cited as the ‘‘Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017’’. 

DIVISION B—ZIKA RESPONSE AND PREPAREDNESS 

TITLE I 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

CENTERS FOR DISEASE CONTROL AND PREVENTION

CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

For an additional amount for fiscal year 2016 for ‘‘CDC-Wide 

Activities and Program Support’’, $394,000,000, to remain available 

until September 30, 2017, to prevent, prepare for, and respond 

to Zika virus, health conditions related to such virus, and other 

Zika Response 

and 

Preparedness 

Appropriations 

Act, 2016. 

Cuba. 

Contracts. 


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130 STAT. 902 PUBLIC LAW 114–223—SEPT. 29, 2016 

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 appro- priated in this paragraph, $44,000,000 is included to supplement 

either fiscal year 2016 or fiscal year 2017 funds for the Public 

Health Emergency Preparedness cooperative agreement program 

to restore fiscal year 2016 funds that were reprogrammed for Zika 

virus response prior to the enactment of this Act: Provided further, That such amount is designated by the Congress as an emergency 

requirement pursuant to section 251(b)(2)(A)(i) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for fiscal year 2016 for ‘‘National 

Institute of Allergy and Infectious Diseases’’, $152,000,000, to 

remain available until September 30, 2017, for research on the 

virology, natural history, and pathogenesis of the Zika virus infection and preclinical and clinical development of vaccines and other 

medical countermeasures for the Zika virus and other vector-borne 

diseases, domestically and internationally: Provided, That such 

funds may be transferred by the Director of the National Institutes 

of Health (‘‘NIH’’) to other accounts of the NIH for the purposes 

provided in this paragraph: Provided further, That such amount 

is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

OFFICE OF THE SECRETARY

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for fiscal year 2016 for ‘‘Public Health 

and Social Services Emergency Fund’’, $387,000,000, to remain 

available until September 30, 2017, to prevent, prepare for, and 

respond to Zika virus, health conditions related to such virus, 

and other vector-borne diseases, domestically and internationally; 

to develop necessary countermeasures and vaccines, including the 

development and purchase of vaccines, therapeutics, diagnostics, 

necessary medical supplies, and administrative activities; for carrying out section 501 of the Social Security Act; and for carrying 

Applicability. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 903 

out sections 330 through 336 and 338 of the PHS Act: Provided, That funds appropriated in this paragraph may be used to procure 

security countermeasures (as defined in section 319F–2(c)(1)(B) of 

the PHS Act): Provided further, That paragraphs (1) and (7)(C) 

of subsection (c) of section 319F–2 of the PHS Act, but no other 

provisions of such section, shall apply to such security countermeasures procured with funds appropriated in this paragraph: Provided further, That products purchased with funds appropriated 

in this paragraph may, at the discretion of the Secretary of Health 

and Human Services, be deposited in the Strategic National Stockpile under section 319F–2 of the PHS Act: Provided further, That 

funds appropriated in this paragraph may be transferred to the 

fund authorized by section 319F–4 of the PHS Act: Provided further, 

That of the funds appropriated under this heading, $75,000,000, 

in addition to the purposes specified above, shall also be available 

for necessary expenses for support to States, territories, tribes, 

or tribal organizations with active or local transmission cases of 

the Zika virus, as confirmed by the Centers for Disease Control 

and Prevention, to reimburse the costs of health care for health 

conditions related to the Zika virus, other than costs that are 

covered by private health insurance, of which not less than 

$60,000,000 shall be for territories with the highest rates of Zika 

transmission: Provided further, That of the funds appropriated 

under this heading, $20,000,000 shall be awarded, notwithstanding 

section 502 of the Social Security Act, for projects of regional and 

national significance in Puerto Rico and other territories authorized 

under section 501 of the Social Security Act: Provided further, 

That of the funds appropriated under this heading, $40,000,000 

shall be used to expand the delivery of primary health services 

authorized by section 330 of the PHS Act in Puerto Rico and 

other territories: Provided further, That of the funds appropriated 

under this heading, $6,000,000 shall, for purposes of providing 

primary health services in areas affected by Zika virus or other 

vector-borne diseases, be used to assign National Health Service 

Corps (‘‘NHSC’’) members to Puerto Rico and other territories, 

notwithstanding the assignment priorities and limitations in or 

under sections 333(a)(1)(D), 333(b), or 333A(a) of the PHS Act, 

and to make NHSC Loan Repayment Program awards under section 

338B of such Act: Provided further, That for purposes of the previous 

proviso, section 331(a)(3)(D) of the PHS Act shall be applied as 

if the term ‘‘primary health services’’ included health services 

regarding pediatric subspecialists: Provided further, That such 

amount is designated by the Congress as an emergency requirement 

pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

GENERAL PROVISIONS—THIS TITLE 

(INCLUDING TRANSFER OF FUNDS)

DIRECT HIRES

SEC. 101. Funds appropriated by this title may be used by 

the heads of the Department of Health and Human Services, 

Department of State, and the United States Agency for International Development to appoint, without regard to the provisions 

of sections 3309 through 3319 of title 5 of the United States Code, 

Applicability. 

Applicability. 


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130 STAT. 904 PUBLIC LAW 114–223—SEPT. 29, 2016 

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. 

Consultation. 

Consultation. 

Spending plan. 

Determination. 

Notification. 

Consultation. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 905 

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. 


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130 STAT. 906 PUBLIC LAW 114–223—SEPT. 29, 2016 

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 

Determination. 

Consultation. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 907 

not necessary for such purposes, such amounts may be transferred 

back to such appropriations. 

(d) No funds shall be transferred pursuant to this section 

unless at least 5 days prior to making such transfer the Secretary 

of State or the Administrator of the United States Agency for 

International Development, as appropriate, notifies the Committees 

on Appropriations in writing of the details of any such transfer. 

NOTIFICATION REQUIREMENT

SEC. 202. Funds appropriated by this title shall only be available for obligation if the Secretary of State or the Administrator 

of the United States Agency for International Development, as 

appropriate, notifies the Committees on Appropriations in writing 

at least 15 days in advance of such obligation. 

CONSOLIDATED REPORTING REQUIREMENT

SEC. 203. Not later than 30 days after enactment of this Act 

and prior to the initial obligation of funds made available by this 

title, the Secretary of State and the Administrator of the United 

States Agency for International Development shall submit a consolidated report to the Committees on Appropriations on the anticipated 

uses of such funds on a country and project basis, including estimated personnel and administrative costs: Provided, That such 

report shall be updated and submitted to the Committees on Appropriations every 60 days until September 30, 2017. 

OVERSIGHT

SEC. 204. Of the funds appropriated by this title, up to— 

(1) $500,000 shall be transferred to, and merged with, 

funds available under the heading ‘‘United States Agency for 

International Development, Funds Appropriated to the President, Office of Inspector General’’, and shall remain available 

until expended, for oversight of activities supported with funds 

appropriated by this title: Provided, That the transfer authority 

provided by this paragraph is in addition to any other transfer 

authority provided by law; and 

(2) $500,000 shall be made available to the Comptroller 

General of the United States, and shall remain available until 

expended, for oversight of activities supported with funds appropriated by this title: Provided, That the Secretary of State 

and the Comptroller General, as appropriate, shall consult with 

the Committees on Appropriations prior to obligating such 

funds. 

TITLE III 

GENERAL PROVISIONS—THIS DIVISION 

EXTENSION OF AUTHORITIES AND PROVISIONS

SEC. 301. Unless otherwise provided for by this division, the 

additional amounts appropriated pursuant to this division are subject to the requirements for funds contained in the Consolidated 

Appropriations Act, 2016 (Public Law 114–113). 

Consultation. 

Deadline. 

Deadline. 

Notification. 


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130 STAT. 908 PUBLIC LAW 114–223—SEPT. 29, 2016 

PERSONAL SERVICE CONTRACTORS

SEC. 302. Funds made available by this division may be used 

to enter into contracts with individuals for the provision of personal 

services (as described in section 104 of part 37 of title 48, Code 

of Federal Regulations (48 CFR 37.104)) to support the purposes 

of titles I and II of this division, within the United States and 

abroad, subject to prior consultation with, and the notification procedures of, the Committees on Appropriations: Provided, That such 

individuals may not be deemed employees of the United States 

for the purpose of any law administered by the Office of Personnel 

Management: Provided further, That the authority made available 

pursuant to this section shall expire on September 30, 2017. 

DESIGNATION RETENTION

SEC. 303. Any amount appropriated by this division, designated 

by the Congress as an emergency requirement pursuant to section 

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 and subsequently so designated by the President, 

and transferred pursuant to transfer authorities provided by this 

division shall retain such designation. 

EFFECTIVE DATE

SEC. 304. This division shall become effective immediately upon 

enactment of this Act. 

This division may be cited as the ‘‘Zika Response and Preparedness Appropriations Act, 2016’’. 

DIVISION C—CONTINUING APPROPRIATIONS ACT, 2017 

The following sums are hereby appropriated, out of any money 

in the Treasury not otherwise appropriated, and out of applicable 

corporate or other revenues, receipts, and funds, for the several 

departments, agencies, corporations, and other organizational units 

of Government for fiscal year 2017, and for other purposes, namely: 

SEC. 101. (a) Such amounts as may be necessary, at a rate 

for operations as provided in the applicable appropriations Acts 

for fiscal year 2016 and under the authority and conditions provided 

in such Acts, for continuing projects or activities (including the 

costs of direct loans and loan guarantees) that are not otherwise 

specifically provided for in this Act, that were conducted in fiscal 

year 2016, and for which appropriations, funds, or other authority 

were made available in the following appropriations Acts: 

(1) The Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies Appropriations Act, 2016 

(division A of Public Law 114–113), except section 728. 

(2) The Commerce, Justice, Science, and Related Agencies 

Appropriations Act, 2016 (division B of Public Law 114–113). 

(3) The Department of Defense Appropriations Act, 2016 

(division C of Public Law 114–113). 

(4) The Energy and Water Development and Related Agencies Appropriations Act, 2016 (division D of Public Law 114– 

113). 

(5) The Financial Services and General Government Appropriations Act, 2016 (division E of Public Law 114–113), which 

Continuing 

Appropriations 

Act, 2017. 

Expiration date. 

Consultation. 

Notification. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 909 

for purposes of this Act shall be treated as including section 

707 of division O of Public Law 114–113. 

(6) The Department of Homeland Security Appropriations 

Act, 2016 (division F of Public Law 114–113). 

(7) The Department of the Interior, Environment, and 

Related Agencies Appropriations Act, 2016 (division G of Public 

Law 114–113). 

(8) The Departments of Labor, Health and Human Services, 

and Education, and Related Agencies Appropriations Act, 2016 

(division H of Public Law 114–113). 

(9) The Legislative Branch Appropriations Act, 2016 (division I of Public Law 114–113). 

(10) The Department of State, Foreign Operations, and 

Related Programs Appropriations Act, 2016 (division K of Public 

Law 114–113), except title IX. 

(11) The Transportation, Housing and Urban Development, 

and Related Agencies Appropriations Act, 2016 (division L of 

Public Law 114–113), except section 420. 

(b) The rate for operations provided by subsection (a) is hereby 

reduced by 0.496 percent. 

SEC. 102. (a) No appropriation or funds made available or 

authority granted pursuant to section 101 for the Department of 

Defense shall be used for: (1) the new production of items not 

funded for production in fiscal year 2016 or prior years; (2) the 

increase in production rates above those sustained with fiscal year 

2016 funds; or (3) the initiation, resumption, or continuation of 

any project, activity, operation, or organization (defined as any 

project, subproject, activity, budget activity, program element, and 

subprogram within a program element, and for any investment 

items defined as a P–1 line item in a budget activity within an 

appropriation account and an R–1 line item that includes a program 

element and subprogram element within an appropriation account) 

for which appropriations, funds, or other authority were not available during fiscal year 2016. 

(b) No appropriation or funds made available or authority 

granted pursuant to section 101 for the Department of Defense 

shall be used to initiate multi-year procurements utilizing advance 

procurement funding for economic order quantity procurement 

unless specifically appropriated later. 

SEC. 103. Appropriations made by section 101 shall be available 

to the extent and in the manner that would be provided by the 

pertinent appropriations Act. 

SEC. 104. Except as otherwise provided in section 102, no 

appropriation or funds made available or authority granted pursuant to section 101 shall be used to initiate or resume any project 

or activity for which appropriations, funds, or other authority were 

not available during fiscal year 2016. 

SEC. 105. Appropriations made and authority granted pursuant 

to this Act shall cover all obligations or expenditures incurred 

for any project or activity during the period for which funds or 

authority for such project or activity are available under this Act. 

SEC. 106. Unless otherwise provided for in this Act or in the 

applicable appropriations Act for fiscal year 2017, appropriations 

and funds made available and authority granted pursuant to this 

Act shall be available until whichever of the following first occurs: 

(1) the enactment into law of an appropriation for any project 

or activity provided for in this Act; (2) the enactment into law 

Expiration date. 

Contracts. 

Rate reduction. 


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130 STAT. 910 PUBLIC LAW 114–223—SEPT. 29, 2016 

of the applicable appropriations Act for fiscal year 2017 without 

any provision for such project or activity; or (3) December 9, 2016. 

SEC. 107. Expenditures made pursuant to this Act shall be 

charged to the applicable appropriation, fund, or authorization 

whenever a bill in which such applicable appropriation, fund, or 

authorization is contained is enacted into law. 

SEC. 108. Appropriations made and funds made available by 

or authority granted pursuant to this Act may be used without 

regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, 

but nothing in this Act may be construed to waive any other 

provision of law governing the apportionment of funds. 

SEC. 109. Notwithstanding any other provision of this Act, 

except section 106, for those programs that would otherwise have 

high initial rates of operation or complete distribution of appropriations at the beginning of fiscal year 2017 because of distributions 

of funding to States, foreign countries, grantees, or others, such 

high initial rates of operation or complete distribution shall not 

be made, and no grants shall be awarded for such programs funded 

by this Act that would impinge on final funding prerogatives. 

SEC. 110. This Act shall be implemented so that only the 

most limited funding action of that permitted in the Act shall 

be taken in order to provide for continuation of projects and activities. 

SEC. 111. (a) For entitlements and other mandatory payments 

whose budget authority was provided in appropriations Acts for 

fiscal year 2016, and for activities under the Food and Nutrition 

Act of 2008, activities shall be continued at the rate to maintain 

program levels under current law, under the authority and conditions provided in the applicable appropriations Act for fiscal year 

2016, to be continued through the date specified in section 106(3). 

(b) Notwithstanding section 106, obligations for mandatory payments due on or about the first day of any month that begins 

after October 2016 but not later than 30 days after the date specified 

in section 106(3) may continue to be made, and funds shall be 

available for such payments. 

SEC. 112. Amounts made available under section 101 for civilian 

personnel compensation and benefits in each department and 

agency may be apportioned up to the rate for operations necessary 

to avoid furloughs within such department or agency, consistent 

with the applicable appropriations Act for fiscal year 2016, except 

that such authority provided under this section shall not be used 

until after the department or agency has taken all necessary actions 

to reduce or defer non-personnel-related administrative expenses. 

SEC. 113. Funds appropriated by this Act may be obligated 

and expended notwithstanding section 10 of Public Law 91–672 

(22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 

6212), and section 504(a)(1) of the National Security Act of 1947 

(50 U.S.C. 3094(a)(1)). 

SEC. 114. (a) Each amount incorporated by reference in this 

Act that was previously designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985 or as being for disaster relief pursuant to 

section 251(b)(2)(D) of such Act is designated by the Congress 

Continuance. 

Time period. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 911 

for Overseas Contingency Operations/Global War on Terrorism 

pursuant to section 251(b)(2)(A) of such Act or as being for disaster 

relief pursuant to section 251(b)(2)(D) of such Act, respectively. 

(b) The reduction in section 101(b) of this Act shall not apply 

to— 

(1) amounts designated under subsection (a) of this section; 

(2) amounts made available by section 101(a) by reference 

to the second paragraph under the heading ‘‘Social Security 

Administration—Limitation on Administrative Expenses’’ in 

division H of Public Law 114–113; or 

(3) amounts made available by section 101(a) by reference 

to the paragraph under the heading ‘‘Centers for Medicare 

and Medicaid Services—Health Care Fraud and Abuse Control 

Account’’ in division H of Public Law 114–113. 

(c) Section 6 of Public Law 114–113 shall apply to amounts 

designated in subsection (a) for Overseas Contingency Operations/ 

Global War on Terrorism. 

SEC. 115. During the period covered by this Act, discretionary 

amounts appropriated for fiscal year 2017 that were provided in 

advance by appropriations Acts covered by section 101 of this Act 

shall be available in the amounts provided in such Acts, reduced 

by the percentage in section 101(b). 

SEC. 116. (a) In addition to the amounts otherwise provided 

by section 101, and notwithstanding section 104, an additional 

amount is provided to the Secretary of Health and Human Services 

to carry out the authorizations in the Comprehensive Addiction 

and Recovery Act of 2016 (Public Law 114–198), at a rate for 

operations of $17,000,000. 

(b) In addition to the amounts otherwise provided by section 

101, and notwithstanding section 104, an additional amount is 

provided to the Attorney General to carry out the authorizations 

in the Comprehensive Addiction and Recovery Act of 2016 (Public 

Law 114–198), at a rate for operations of $20,000,000. 

(c) Notwithstanding any other provision of this Act, in addition 

to the purposes otherwise provided for amounts that become available on October 1, 2016, under the heading ‘‘Department of Veterans 

Affairs—Veterans Health Administration—Medical Services’’ in 

division J of Public Law 114–113, such amounts shall be used 

to implement the Jason Simcakoski Memorial and Promise Act 

(title IX of Public Law 114–198) and the amendments made by 

that Act. 

SEC. 117. Notwithstanding section 101, amounts are provided 

for ‘‘Department of Agriculture—Domestic Food Programs—Food 

and Nutrition Service—Commodity Assistance Program’’ at a rate 

for operations of $310,139,000, of which $236,120,000 shall be for 

the Commodity Supplemental Food Program. 

SEC. 118. Amounts provided by section 111 to the Department 

of Agriculture for ‘‘Corporations—Commodity Credit Corporation 

Fund—Reimbursement for Net Realized Losses’’ may be used, prior 

to the completion of the report described in section 2 of the Act 

of August 17, 1961 (15 U.S.C. 713a–11), to reimburse the Commodity Credit Corporation for net realized losses sustained, but 

not previously reimbursed, as reflected in the June 2016 report 

of its financial condition. 

SEC. 119. Amounts made available by section 101 for ‘‘Department of Agriculture—Rural Housing Service—Rental Assistance 

Applicability. 


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130 STAT. 912 PUBLIC LAW 114–223—SEPT. 29, 2016 

Program’’ may be apportioned up to the rate for operations necessary to pay ongoing debt service for the multi-family direct loan 

programs under sections 514 and 515 of the Housing Act of 1949 

(42 U.S.C. 1484 and 1485). 

SEC. 120. Section 529(b)(5) of the Federal Food, Drug, and 

Cosmetic Act (21 U.S.C. 360ff(b)(5)) shall be applied by substituting 

the date specified in section 106(3) of this Act for ‘‘September 

30, 2016’’. 

SEC. 121. Notwithstanding sections 101 and 102, within 

amounts provided for ‘‘Department of Defense—Operation and 

Maintenance, Defense-Wide’’ and ‘‘Department of Defense— 

Research, Development, Test and Evaluation, Defense-Wide’’, except 

for amounts designated for Overseas Contingency Operations/Global 

War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985, the 

Secretary of Defense may develop, replace, and sustain Federal 

Government security and suitability background investigation 

information technology system requirements of the Office of Personnel Management at a rate for operations of $95,000,000. 

SEC. 122. Section 1215(f)(1) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 113 

note), as most recently amended by section 1221 of the National 

Defense Authorization Act for Fiscal Year 2016 (Public Law 114– 

92), shall be applied by substituting ‘‘2017’’ for ‘‘2016’’ through 

the earlier of the date specified in section 106(3) of this Act or 

the date of the enactment of an Act authorizing appropriations 

for fiscal year 2017 for military activities of the Department of 

Defense. 

SEC. 123. (a) Funds made available by section 101 for ‘‘Department of Energy—Energy Programs—Uranium Enrichment Decontamination and Decommissioning Fund’’ may be apportioned up 

to the rate for operations necessary to avoid disruption of continuing 

projects or activities funded in this appropriation. 

(b) The Secretary of Energy shall notify the Committees on 

Appropriations of the House of Representatives and the Senate 

not later than 3 days after each use of the authority provided 

in subsection (a). 

SEC. 124. (a) Notwithstanding any other provision of this Act, 

except section 106, the District of Columbia may expend local funds 

under the heading ‘‘District of Columbia Funds’’ for such programs 

and activities under the District of Columbia Appropriations Act, 

2016 (title IV of division E of Public Law 114–113) at the rate 

set forth under ‘‘Part A—Summary of Expenses’’ as included in 

the Fiscal Year 2017 Local Budget Act of 2016 (D.C. Act 21– 

414), as modified as of the date of the enactment of this Act. 

(b) During the period in which this Act is in effect, the authority 

and conditions provided in the Financial Services and General 

Government Appropriations Act, 2016 (division E of Public Law 

114–113) which were applicable to the obligation or expenditure 

of funds by the District of Columbia for any program, project, 

or activity during fiscal year 2016 shall apply to the obligation 

or expenditure of funds by the District of Columbia with respect 

to such program, project, or activity under any authority. 

SEC. 125. (a) Notwithstanding section 101, amounts are provided for ‘‘General Services Administration—Expenses, Presidential 

Transition’’ for necessary expenses to carry out the Presidential 

Transition Act of 1963 (3 U.S.C. 102 note), at a rate for operations 

Applicability. 

Notification. 

Deadline. 

Apportionment 

authority. 

Applicability. 

Applicability. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 913 

of $9,500,000, of which not to exceed $1,000,000 is for activities 

authorized by sections 3(a)(8) and 3(a)(9) of such Act: Provided, 

That such amounts may be transferred and credited to the ‘‘Acquisition Services Fund’’ or ‘‘Federal Buildings Fund’’ to reimburse 

obligations incurred prior to enactment of this Act for the purposes 

provided herein related to the Presidential election in 2016: Provided further, That amounts available under this section shall be 

in addition to any other amounts available for such purposes. 

(b) Notwithstanding section 101, no funds are provided by 

this Act for ‘‘General Services Administration—Pre-Election Presidential Transition’’. 

SEC. 126. Notwithstanding section 101, for expenses of the 

Office of Administration to carry out the Presidential Transition 

Act of 1963, as amended, and similar expenses, in addition to 

amounts otherwise appropriated by law, amounts are provided to 

‘‘Presidential Transition Administrative Support’’ at a rate for operations of $7,582,000: Provided, That such funds may be transferred 

to other accounts that provide funding for offices within the Executive Office of the President and the Office of the Vice President 

in this Act or any other Act, to carry out such purposes. 

SEC. 127. In addition to the amounts otherwise provided by 

section 101, an additional amount is provided for ‘‘District of 

Columbia—Federal Payment for Emergency Planning and Security 

Costs in the District of Columbia’’ for costs associated with the 

Presidential Inauguration, at a rate for operations of $19,995,000. 

SEC. 128. In addition to the amounts otherwise provided by 

section 101, an additional amount is provided for ‘‘National Archives 

and Records Administration—Operating Expenses’’ to carry out the 

Presidential transition responsibilities of the Archivist of the United 

States under sections 2201 through 2207 of title 44, United States 

Code (commonly known as the ‘‘Presidential Records Act of 1978’’), 

at a rate for operations of $4,850,000. 

SEC. 129. Amounts made available by section 101 for ‘‘Small 

Business Administration—Business Loans Program Account’’ may 

be apportioned up to the rate for operations necessary to accommodate increased demand for commitments for general business loans 

authorized under section 7(a) of the Small Business Act (15 U.S.C. 

636(a)). 

SEC. 130. Amounts provided by section 101 for the Department 

of Homeland Security may be obligated in the account and budget 

structure set forth in the table provided by the Chief Financial 

Officer of the Department to the Committees on Appropriations 

of the Senate and the House of Representatives prior to the end 

of fiscal year 2016 pursuant to section 563(e) of the Department 

of Homeland Security Appropriations Act, 2016 (division F of Public 

Law 114–113). 

SEC. 131. (a) Amounts made available by section 101 for 

‘‘Department of Homeland Security—U.S. Customs and Border 

Protection—Operations and Support’’ may be apportioned up to 

the rate for operations necessary to maintain not less than the 

number of staff achieved on September 30, 2016. 

(b) Amounts made available by section 101 for ‘‘Department 

of Homeland Security—Transportation Security Administration— 

Operations and Support’’ may be apportioned up to the rate for 

operations necessary to maintain not less than the number of 

screeners achieved on September 30, 2016. 


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130 STAT. 914 PUBLIC LAW 114–223—SEPT. 29, 2016 

SEC. 132. The authority provided by section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391) shall continue in effect 

through the date specified in section 106(3) of this Act. 

SEC. 133. Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) is amended by striking ‘‘September 

30, 2017’’ and inserting ‘‘September 30, 2018’’. 

SEC. 134. (a) The authority provided by subsection (m)(3) of 

section 8162 of the Department of Defense Appropriations Act, 

2000 (40 U.S.C. 8903 note; Public Law 106–79) shall continue 

in effect through the date specified in section 106(3) of this Act. 

(b) Section 419(b) of division G of Public Law 114–113 shall 

not apply during the period covered by this Act. 

SEC. 135. Notwithstanding section 101, subsection 35(d) of the 

Mineral Leasing Act (30 U.S.C. 191(d)) shall be applied, at a rate 

for operations, through the date specified in section 106(3), as 

if the following new paragraph were added at the end— 

‘‘(5) There is appropriated to the Fee Account established 

in subsection (c)(3)(B)(ii) of this section, out of any money 

in the Treasury not otherwise appropriated, $26,000,000 for 

fiscal year 2017, to remain available until expended, for the 

coordination and processing of oil and gas use authorizations, 

to be reduced by amounts collected by the Bureau and transferred to such Fee Account pursuant to subsection (d)(3)(A)(ii) 

of this section, so as to result in a final fiscal year 2017 

appropriation from the general fund estimated at not more 

than $0.’’. 

SEC. 136. In addition to the amounts otherwise provided by 

section 101, an additional amount is provided for ‘‘Department 

of the Interior—National Park Service—Operation of the National 

Park System’’ for security and visitor safety activities related to 

the Presidential Inaugural Ceremonies, at a rate for operations 

of $4,200,000. 

SEC. 137. In addition to amounts otherwise made available 

by section 101, and notwithstanding section 104, amounts are provided for ‘‘Environmental Protection Agency—Environmental Programs and Management’’ at a rate for operations of $3,000,000, 

to remain available until expended, and such amounts may be 

apportioned up to the rate for operations needed, for necessary 

expenses of activities described in section 26(b)(1) of the Toxic 

Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That fees 

collected pursuant to such section of such Act and deposited in 

the ‘‘TSCA Service Fee Fund’’ as discretionary offsetting receipts 

in fiscal year 2017 shall be retained and used for necessary salaries 

and expenses under the above heading and shall remain available 

until expended: Provided further, That the sum provided by this 

section of this Act from the general fund for fiscal year 2017 

shall be reduced by the amount of discretionary offsetting receipts 

received during fiscal year 2017, so as to result in a final fiscal 

year 2017 appropriation from the general fund estimated at not 

more than $0: Provided further, That to the extent that amounts 

realized from such receipts exceed $3,000,000, those amounts in 

excess of $3,000,000 shall be deposited in the ‘‘TSCA Service Fee 

Fund’’ as discretionary offsetting receipts in fiscal year 2017, shall 

be retained and used for necessary salaries and expenses in this 

account, and shall remain available until expended: Provided further, That of the amounts provided under this heading by section 

101, the Chemical Risk Review and Reduction program project 

Applicability. 

Extension date. 

Extension date. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 915 

shall be allocated for this fiscal year, excluding the amount of 

any fees made available, not less than the amount of appropriations 

for that program project for fiscal year 2014. 

SEC. 138. Section 114(f) of the Higher Education Act of 1965 

(20 U.S.C. 1011c(f)) shall be applied by substituting the date specified in section 106(3) of this Act for ‘‘September 30, 2016’’. 

SEC. 139. The first proviso under the heading ‘‘Department 

of Health and Human Services—Administration for Children and 

Families—Payments to States for the Child Care and Development 

Block Grant’’ in title II of division H of Public Law 114–113 shall 

not apply during the period covered by this Act. 

SEC. 140. (a) The second proviso under the heading ‘‘Department of Health and Human Services—Administration for Children 

and Families—Children and Families Services Programs’’ in title 

II of division H of Public Law 114–113 shall be applied during 

the period covered by this Act as if the following were struck 

from such proviso: ‘‘, of which $141,000,000 shall be available for 

a cost of living adjustment notwithstanding section 640(a)(3)(A) 

of such Act’’. 

(b) Amounts made available in the third proviso under the 

heading ‘‘Department of Health and Human Services—Administration for Children and Families—Children and Families Services 

Programs’’ in title II of division H of Public Law 114–113 shall 

not be included in the calculation of the ‘‘base grant’’, as such 

term is used in section 640(a)(7)(A) of the Head Start Act (42 

U.S.C. 9835(a)(7)(A)), during the period described in section 106 

of this Act. 

SEC. 141. (a) Section 529 of division H of Public Law 114– 

113 shall be applied by substituting ‘‘in the Child Enrollment 

Contingency Fund from the appropriation to the Fund for the 

first semi-annual allotment period for fiscal year 2017 under section 

2104(n)(2)(A)(ii) of the Social Security Act’’ for ‘‘or available in 

the Child Enrollment Contingency Fund from appropriations to 

the Fund under section 2104(n)(2)(A)(i) of the Social Security Act’’; 

and 

(b) Section 530 of division H of Public Law 114–113 shall 

be applied by substituting ‘‘$541,900,000’’ for ‘‘$4,678,500,000’’ and 

by adding at the end the following: ‘‘and of the funds made available 

for the purposes of carrying out section 2105(a)(3) of the Social 

Security Act, $5,669,100,000 are hereby rescinded’’. 

SEC. 142. Notwithstanding any other provision of this Act, 

there is appropriated for payment to Sami A. Takai, widow of 

Kyle Mark Takai, late a Representative from the State of Hawaii, 

$174,000. 

SEC. 143. (a) Amounts made available by section 101 for 

‘‘Department of Transportation—Federal Railroad Administration— 

Operating Grants to the National Railroad Passenger Corporation’’ 

and ‘‘Department of Transportation—Federal Railroad Administration—Capital and Debt Service Grants to the National Railroad 

Passenger Corporation’’ shall be obligated in the account and budget 

structure, and under the authorities and conditions, set forth for 

‘‘Department of Transportation—Federal Railroad Administration— 

Northeast Corridor Grants to the National Railroad Passenger Corporation’’ and ‘‘Department of Transportation—Federal Railroad 

Administration—National Network Grants to the National Railroad 

Passenger Corporation’’ in H.R. 5394 and S. 2844, as introduced 

in the One Hundred Fourteenth Congress. 

Sami A. Takai. 

Applicability. 

Applicability. 

Applicability. 


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130 STAT. 916 PUBLIC LAW 114–223—SEPT. 29, 2016 

(b) Amounts made available pursuant to subsection (a) are 

provided for ‘‘Department of Transportation—Federal Railroad 

Administration—Northeast Corridor Grants to the National Railroad Passenger Corporation’’ at a rate for operations of 

$235,000,000, to remain available until expended, and for ‘‘Department of Transportation—Federal Railroad Administration— 

National Network Grants to the National Railroad Passenger Corporation’’ at a rate for operations of $1,155,000,000, to remain 

available until expended. 

SEC. 144. Amounts made available by section 101 for ‘‘Maritime 

Administration—Maritime Security Program’’ shall be allocated at 

an annual rate across all vessels covered by operating agreements, 

as that term is used in chapter 531 of title 46, United States 

Code, and the Secretary shall distribute equally all such funds 

for payments due under all operating agreements in equal amounts 

notwithstanding title 46, United States Code, section 53106: Provided, That no payment shall exceed an annual rate of $3,500,000 

per operating agreement. 

SEC. 145. (a) In addition to the amount otherwise provided 

by section 101 for the ‘‘Community Planning and Development, 

Community Development Fund’’, there is appropriated $500,000,000 

for an additional amount for fiscal year 2016, to remain available 

until expended, for necessary expenses for activities authorized 

under title I of the Housing and Community Development Act 

of 1974 (42 U.S.C. 5301 et seq.) related to disaster relief, longterm recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas 

resulting from a major disaster declared in 2016, and which the 

disaster occurred prior to the date of enactment of this Act, pursuant 

to the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5121 et seq.): Provided, That funds shall be awarded 

directly to the State or unit of general local government at the 

discretion of the Secretary: Provided further, That as a condition 

of making any grant, the Secretary shall certify in advance that 

such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent 

any duplication of benefits as defined by section 312 of the Robert 

T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5155), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities 

assisted with these funds, and to detect and prevent waste, fraud, 

and abuse of funds: Provided further, That prior to the obligation 

of funds a grantee shall submit a plan to the Secretary for approval 

detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery 

and restoration of infrastructure and housing and economic revitalization in the most impacted and distressed areas: Provided further, 

That such funds may not be used for activities reimbursable by, 

or for which funds are made available by, the Federal Emergency 

Management Agency or the Army Corps of Engineers: Provided 

further, That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant 

to section 106 of the Housing and Community Development Act 

of 1974 (42 U.S.C. 5306): Provided further, That a State or subdivision thereof may use up to 5 percent of its allocation for administrative costs: Provided further, That in administering the funds under 

this heading, the Secretary of Housing and Urban Development 

Waiver 

requirement. 

Plan. 

Grants. 

Certification. 

Allocation. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 917 

may waive, or specify alternative requirements for, any provision 

of any statute or regulation that the Secretary administers in 

connection with the obligation by the Secretary or the use by 

the recipient of these funds (except for requirements related to 

fair housing, nondiscrimination, labor standards, and the environment), if the Secretary finds that good cause exists for the waiver 

or alternative requirement and such waiver or alternative requirement would not be inconsistent with the overall purpose of title 

I of the Housing and Community Development Act of 1974: Provided 

further, That, notwithstanding the preceding proviso, recipients of 

funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 

406, 407, or 502 of the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5121 et seq.) may adopt, 

without review or public comment, any environmental review, 

approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect 

to such environmental review, approval or permit: Provided further, 

That, notwithstanding section 104(g)(2) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(g)(2)), the Secretary 

may, upon receipt of a request for release of funds and certification, 

immediately approve the release of funds for an activity or project 

assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso 

or the activity or project is categorically excluded from review 

under the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.): Provided further, That the Secretary shall publish 

via notice in the Federal Register any waiver, or alternative requirement, to any statute or regulation that the Secretary administers 

pursuant to title I of the Housing and Community Development 

Act of 1974 no later than 5 days before the effective date of such 

waiver or alternative requirement: Provided further, That amounts 

provided under this section shall be designated by Congress as 

being for disaster relief pursuant to section 251(b)(2)(D) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

(b) Unobligated balances, including recaptures and carryover, 

remaining from funds appropriated to the Department of Housing 

and Urban Development for administrative costs of the Office of 

Community Planning and Development associated with funds 

appropriated to the Department for specific disaster relief and 

related purposes and designated by Congress as an emergency 

requirement pursuant to a Concurrent Resolution on the Budget 

or the Balanced Budget and Emergency Deficit Control Act, 

including information technology costs and costs for administering 

and overseeing such specific disaster related funds, shall be transferred to the Program Office Salaries and Expenses, Community 

Planning and Development account for the Department, shall 

remain available until expended, and may be used for such administrative costs for administering any funds appropriated to the 

Department for any disaster relief and related purposes in any 

prior or future act, notwithstanding the purposes for which such 

funds were appropriated: Provided, That the amounts transferred 

pursuant to this section that were previously designated by Congress as an emergency requirement pursuant to a Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit 

Control Act are designated by the Congress as an emergency 

requirement pursuant to section 251(b)(2)(A)(i) of the Balanced 

President. 

Federal Register, 

publication. 

Notice. 

Waiver 

requirement. 

Deadline. 


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130 STAT. 918 PUBLIC LAW 114–223—SEPT. 29, 2016 

Budget and Emergency Deficit Control Act of 1985 and shall be 

transferred only if the President subsequently so designates the 

entire transfer and transmits such designation to the Congress. 

(c) This section shall become effective immediately upon enactment of this Act. 

This division may be cited as the ‘‘Continuing Appropriations 

Act, 2017’’. 

DIVISION D—RESCISSIONS OF FUNDS 

SEC. 101. (a) Of the unobligated balances available from prior 

year appropriations under the heading ‘‘Department of Commerce, 

Economic Development Administration, Economic Development 

Assistance Programs’’ designated by the Congress as an emergency 

requirement pursuant to the Concurrent Resolution on the Budget 

or the Balanced Budget and Emergency Deficit Control Act of 

1985, $10,000,000 is rescinded immediately upon enactment of this 

Act: Provided, That such amounts are designated by the Congress 

as an emergency requirement pursuant to section 251(b)(2)(A)(i) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 

(b) Of the unobligated balances available from amounts provided under the heading ‘‘Department of Commerce, National Oceanic and Atmospheric Administration, Operations, Research, and 

Facilities’’ in title II of Public Law 111–212 for responding to 

economic impacts of fisherman and fishery dependent businesses, 

$13,000,000 is rescinded immediately upon enactment of this Act: 

Provided, That such amounts are designated by the Congress as 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

(c) Of the unobligated balances available from amounts provided 

under the heading ‘‘Department of Homeland Security, Office of 

the Secretary and Executive Management’’ in Public Law 109– 

148, $279,045 is rescinded immediately upon enactment of this 

Act: Provided, That such amounts are designated by the Congress 

as an emergency requirement pursuant to section 251(b)(2)(A)(i) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 

(d) Of the unobligated balances available under the heading 

‘‘Department of Homeland Security, U.S. Customs and Border 

Protection, Salaries and Expenses’’ from emergency funds in Public 

Law 107–206 and earlier laws transferred to the Department of 

Homeland Security when it was created in 2003, $39,246 is 

rescinded immediately upon enactment of this Act: Provided, That 

such amounts are designated by the Congress as an emergency 

requirement pursuant to section 251(b)(2)(A)(i) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

(e) Of the unobligated balances available from amounts provided under the heading ‘‘Department of Homeland Security, United 

States Coast Guard, Acquisition, Construction, and Improvements’’ 

in Public Law 110–329, Public Law 109–148 and Public Law 109– 

234, $48,075,920 is rescinded immediately upon enactment of this 

Act: Provided, That such amounts are designated by the Congress 

as an emergency requirement pursuant to section 251(b)(2)(A)(i) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 

(f) Of the unobligated balances available under the heading 

‘‘Department of Homeland Security, Federal Emergency Management Agency, Administrative and Regional Operations’’ in Public 

Law 109–234, $731,790 is rescinded immediately upon enactment 

Effective date. 


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PUBLIC LAW 114–223—SEPT. 29, 2016 130 STAT. 919 

of this Act: Provided, That such amounts are designated by the 

Congress as an emergency requirement pursuant to section 

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

(g) Of the unobligated amounts made available under section 

1323(c)(1) of the Patient Protection and Affordable Care Act (42 

U.S.C. 18043(c)(1)), $168,100,000 is rescinded immediately upon 

enactment of this Act. 

(h) Of the unobligated balances available under the heading 

‘‘Operating Expenses’’ in title IX of the Department of State, Foreign 

Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235), $7,522,000 is rescinded immediately 

upon enactment of this Act: Provided, That such amounts are 

designated by the Congress as an emergency requirement pursuant 

to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

(i) Of the unobligated balances of appropriations made available 

under the heading ‘‘Bilateral Economic Assistance, Funds Appropriated to the President’’ in title IX of the Department of State, 

Foreign Operations, and Related Programs Appropriations Act, 2015 

(division J of Public Law 113–235), $109,478,000 is rescinded immediately upon enactment of this Act: Provided, That such amounts 

are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

(j) Of the unobligated balances available from amounts provided 

under the heading ‘‘Department of Transportation, Federal Aviation 

Administration, Facilities and Equipment’’ in Public Law 109–148, 

$4,384,920 is rescinded immediately upon enactment of this Act: 

Provided, That such amounts are designated by the Congress as 

an emergency requirement pursuant to section 251(b)(2)(A)(i) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

(k) Of the unobligated balances available from amounts provided under the heading ‘‘Department of Transportation, Federal 

Aviation Administration, Facilities and Equipment’’ in Public Law 

102–368, $990,277 is rescinded immediately upon enactment of 

this Act: Provided, That such amounts are designated by the Congress as an emergency requirement pursuant to section 

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

(l) Of the unobligated balances available to the Department 

of Transportation from amounts provided under section 108 of 

Public Law 101–130, $37,400,000 is rescinded immediately upon 

enactment of this Act: Provided, That such amounts are designated 

by the Congress as an emergency requirement pursuant to section 


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130 STAT. 920 PUBLIC LAW 114–223—SEPT. 29, 2016 

LEGISLATIVE HISTORY—H.R. 5325 (S. 2955): 

HOUSE REPORTS: No. 114–594 (Comm. on Appropriations). 

SENATE REPORTS: No. 114–258 (Comm. on Appropriations) accompanying 

S. 2955. 

CONGRESSIONAL RECORD, Vol. 162 (2016): 

June 9, 10, considered and passed House. 

Sept. 22, 26, 27, considered in Senate. 

Sept. 28, considered and passed Senate, amended. House concurred in Senate 

amendment. 

Æ 

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

Approved September 29, 2016. 


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