20–491 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–640 

DEPARTMENTS OF TRANSPORTATION, AND HOUSING AND 

URBAN DEVELOPMENT, AND RELATED AGENCIES FOR 

THE FISCAL YEAR ENDING SEPTEMBER 30, 2016, AND 

FOR OTHER PURPOSES 

JUNE 22, 2016.—Ordered to be printed 

Mr. ROGERS of Kentucky, from the committee of conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany H.R. 2577] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendment of the House to the amendment of 

the Senate to the bill (H.R. 2577), making appropriations for the 

Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 

2016, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: 

That the Senate recede from its disagreement to the amendment of the House to the amendment of the Senate and agree to 

the same with an amendment as follows: 

In lieu of the matter proposed to be inserted by the House 

amendment, insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Military Construction, Veterans 

Affairs, and Related Agencies Appropriations Act, 2017 and Zika 

Response and Preparedness Act’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Statement of appropriations. 

Sec. 5. Availability of funds. 


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DIVISION A—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2017 

Title I—Department of Defense 

Title II—Department of Veterans Affairs 

Title III—Related agencies 

Title IV—Overseas contingency operations 

Title V—General provisions 

DIVISION B—ZIKA RESPONSE AND PREPAREDNESS APPROPRIATIONS ACT, 

2016 

DIVISION C—ZIKA VECTOR CONTROL 

DIVISION D—RESCISSIONS OF FUNDS 

SEC. 3. REFERENCES. 

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

Act’’ contained in any division of this Act shall be treated as referring only to the provisions of that division. 

SEC. 4. STATEMENT OF APPROPRIATIONS. 

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

money in the Treasury not otherwise appropriated, for the fiscal 

year ending September 30, 2017. 

SEC. 5. AVAILABILITY OF FUNDS. 

Each amount designated in this Act by the Congress as an 

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

Balanced Budget and Emergency Deficit Control Act of 1985 shall 

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

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

ACT, 2017 

TITLE I 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY

For acquisition, construction, installation, and equipment of 

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

including personnel in the Army Corps of Engineers and other personal services necessary for the purposes of this appropriation, and 

for construction and operation of facilities in support of the functions of the Commander in Chief, $513,459,000, to remain available 

until September 30, 2021: Provided, That, of this amount, not to exceed $98,159,000 shall be available for study, planning, design, architect and engineer services, and host nation support, as authorized by law, unless the Secretary of the Army determines that additional obligations are necessary for such purposes and notifies the 

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

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, naval installations, facilities, 


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and real property for the Navy and Marine Corps as currently authorized by law, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $1,021,580,000, to remain available 

until September 30, 2021: Provided, That, of this amount, not to exceed $88,230,000 shall be available for study, planning, design, and 

architect and engineer services, as authorized by law, unless the 

Secretary of the Navy determines that additional obligations are 

necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the 

reasons therefor. 

MILITARY CONSTRUCTION, AIR FORCE

For acquisition, construction, installation, and equipment of 

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

law, $1,491,058,000, to remain available until September 30, 2021: 

Provided, That of this amount, not to exceed $143,582,000 shall be 

available for study, planning, design, and architect and engineer 

services, as authorized by law, unless the Secretary of the Air Force 

determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses 

of Congress of the determination and the reasons therefor: Provided 

further, That none of the funds made available under this heading 

shall be for construction of the Joint Intelligence Analysis Complex 

Consolidation, Phase 3, at Royal Air Force Croughton, United Kingdom, unless authorized in an Act authorizing appropriations for fiscal year 2017 for military construction. 

MILITARY CONSTRUCTION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, installations, facilities, and 

real property for activities and agencies of the Department of Defense (other than the military departments), as currently authorized 

by law, $2,025,444,000, to remain available until September 30, 

2021: Provided, That such amounts of this appropriation as may be 

determined by the Secretary of Defense may be transferred to such 

appropriations of the Department of Defense available for military 

construction or family housing as the Secretary may designate, to 

be merged with and to be available for the same purposes, and for 

the same time period, as the appropriation or fund to which transferred: Provided further, That of the amount appropriated, not to 

exceed $180,775,000 shall be available for study, planning, design, 

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

the Secretary of Defense determines that additional obligations are 

necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the 

reasons therefor. 

MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 


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Army National Guard, and contributions therefor, as authorized by 

chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $232,930,000, to remain available until 

September 30, 2021: Provided, That, of the amount appropriated, 

not to exceed $8,729,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Army National Guard determines that additional obligations are necessary for such purposes and notifies the 

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

MILITARY CONSTRUCTION, AIR NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Air National Guard, and contributions therefor, as authorized by 

chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $143,957,000, to remain available until 

September 30, 2021: Provided, That, of the amount appropriated, 

not to exceed $10,462,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Air National Guard determines that additional obligations are necessary for such purposes and notifies the 

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

MILITARY CONSTRUCTION, ARMY RESERVE

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Army Reserve as authorized by chapter 1803 of title 10, United 

States Code, and Military Construction Authorization Acts, 

$68,230,000, to remain available until September 30, 2021: Provided, That, of the amount appropriated, not to exceed $7,500,000 

shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Army 

Reserve determines that additional obligations are necessary for 

such purposes and notifies the Committees on Appropriations of 

both Houses of Congress of the determination and the reasons therefor. 

MILITARY CONSTRUCTION, NAVY RESERVE

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by 

chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $38,597,000, to remain available until September 30, 2021: Provided, That, of the amount appropriated, not 

to exceed $3,783,000 shall be available for study, planning, design, 

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

the Secretary of the Navy determines that additional obligations are 

necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the 

reasons therefor. 


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MILITARY CONSTRUCTION, AIR FORCE RESERVE

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Air Force Reserve as authorized by chapter 1803 of title 10, United 

States Code, and Military Construction Authorization Acts, 

$188,950,000, to remain available until September 30, 2021: Provided, That, of the amount appropriated, not to exceed $4,500,000 

shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Air 

Force Reserve determines that additional obligations are necessary 

for such purposes and notifies the Committees on Appropriations of 

both Houses of Congress of the determination and the reasons therefor. 

NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

For the United States share of the cost of the North Atlantic 

Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations (including international military headquarters) and for related expenses 

for the collective defense of the North Atlantic Treaty Area as authorized by section 2806 of title 10, United States Code, and Military Construction Authorization Acts, $177,932,000, to remain 

available until expended. 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

For deposit into the Department of Defense Base Closure Account, established by section 2906(a) of the Defense Base Closure 

and Realignment Act of 1990 (10 U.S.C. 2687 note), $240,237,000, 

to remain available until expended. 

FAMILY HOUSING CONSTRUCTION, ARMY

For expenses of family housing for the Army for construction, 

including acquisition, replacement, addition, expansion, extension, 

and alteration, as authorized by law, $157,172,000, to remain available until September 30, 2021. 

FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

For expenses of family housing for the Army for operation and 

maintenance, including debt payment, leasing, minor construction, 

principal and interest charges, and insurance premiums, as authorized by law, $325,995,000. 

FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS

For expenses of family housing for the Navy and Marine Corps 

for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, 

$94,011,000, to remain available until September 30, 2021. 


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FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND

MARINE CORPS

For expenses of family housing for the Navy and Marine Corps 

for operation and maintenance, including debt payment, leasing, 

minor construction, principal and interest charges, and insurance 

premiums, as authorized by law, $300,915,000. 

FAMILY HOUSING CONSTRUCTION, AIR FORCE

For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $61,352,000, to remain 

available until September 30, 2021. 

FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE

For expenses of family housing for the Air Force for operation 

and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as 

authorized by law, $274,429,000. 

FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE

For expenses of family housing for the activities and agencies 

of the Department of Defense (other than the military departments) 

for operation and maintenance, leasing, and minor construction, as 

authorized by law, $59,157,000. 

DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND

For the Department of Defense Family Housing Improvement 

Fund, $3,258,000, to remain available until expended, for family 

housing initiatives undertaken pursuant to section 2883 of title 10, 

United States Code, providing alternative means of acquiring and 

improving military family housing and supporting facilities. 

ADMINISTRATIVE PROVISIONS

SEC. 101. None of the funds made available in this title shall 

be expended for payments under a cost-plus-a-fixed-fee contract for 

construction, where cost estimates exceed $25,000, to be performed 

within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. 

SEC. 102. Funds made available in this title for construction 

shall be available for hire of passenger motor vehicles. 

SEC. 103. Funds made available in this title for construction 

may be used for advances to the Federal Highway Administration, 

Department of Transportation, for the construction of access roads 

as authorized by section 210 of title 23, United States Code, when 

projects authorized therein are certified as important to the national 

defense by the Secretary of Defense. 

SEC. 104. None of the funds made available in this title may 

be used to begin construction of new bases in the United States for 

which specific appropriations have not been made. 

SEC. 105. None of the funds made available in this title shall 

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cent of the value as determined by the Army Corps of Engineers or 

the Naval Facilities Engineering Command, except: (1) where there 

is a determination of value by a Federal court; (2) purchases negotiated by the Attorney General or the designee of the Attorney General; (3) where the estimated value is less than $25,000; or (4) as 

otherwise determined by the Secretary of Defense to be in the public 

interest. 

SEC. 106. None of the funds made available in this title shall 

be used to: (1) acquire land; (2) provide for site preparation; or (3) 

install utilities for any family housing, except housing for which 

funds have been made available in annual Acts making appropriations for military construction. 

SEC. 107. None of the funds made available in this title for 

minor construction may be used to transfer or relocate any activity 

from one base or installation to another, without prior notification 

to the Committees on Appropriations of both Houses of Congress. 

SEC. 108. None of the funds made available in this title may 

be used for the procurement of steel for any construction project or 

activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel 

procurement. 

SEC. 109. None of the funds available to the Department of Defense for military construction or family housing during the current 

fiscal year may be used to pay real property taxes in any foreign nation. 

SEC. 110. None of the funds made available in this title may 

be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress. 

SEC. 111. None of the funds made available in this title may 

be obligated for architect and engineer contracts estimated by the 

Government to exceed $500,000 for projects to be accomplished in 

Japan, in any North Atlantic Treaty Organization member country, 

or in countries bordering the Arabian Gulf, unless such contracts 

are awarded to United States firms or United States firms in joint 

venture with host nation firms. 

SEC. 112. None of the funds made available in this title for 

military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf, may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor: Provided, That this section shall not be applicable to contract awards for which the lowest responsive and responsible bid of 

a United States contractor exceeds the lowest responsive and responsible bid of a foreign contractor by greater than 20 percent: Provided 

further, That this section shall not apply to contract awards for 

military construction on Kwajalein Atoll for which the lowest responsive and responsible bid is submitted by a Marshallese contractor. 

SEC. 113. The Secretary of Defense shall inform the appropriate 

committees of both Houses of Congress, including the Committees on 

Appropriations, of plans and scope of any proposed military exercise 

involving United States personnel 30 days prior to its occurring, if 

amounts expended for construction, either temporary or permanent, 

are anticipated to exceed $100,000. 


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SEC. 114. Funds appropriated to the Department of Defense for 

construction in prior years shall be available for construction authorized for each such military department by the authorizations enacted into law during the current session of Congress. 

SEC. 115. For military construction or family housing projects 

that are being completed with funds otherwise expired or lapsed for 

obligation, expired or lapsed funds may be used to pay the cost of 

associated supervision, inspection, overhead, engineering and design 

on those projects and on subsequent claims, if any. 

SEC. 116. Notwithstanding any other provision of law, any 

funds made available to a military department or defense agency 

for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a 

project or contract, at any time before the end of the fourth fiscal 

year after the fiscal year for which funds for such project were made 

available, if the funds obligated for such project: (1) are obligated 

from funds available for military construction projects; and (2) do 

not exceed the amount appropriated for such project, plus any 

amount by which the cost of such project is increased pursuant to 

law. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 117. Subject to 30 days prior notification, or 14 days for 

a notification provided in an electronic medium pursuant to sections 

480 and 2883 of title 10, United States Code, to the Committees on 

Appropriations of both Houses of Congress, such additional 

amounts as may be determined by the Secretary of Defense may be 

transferred to: (1) the Department of Defense Family Housing Improvement Fund from amounts appropriated for construction in 

‘‘Family Housing’’ accounts, to be merged with and to be available 

for the same purposes and for the same period of time as amounts 

appropriated directly to the Fund; or (2) the Department of Defense 

Military Unaccompanied Housing Improvement Fund from 

amounts appropriated for construction of military unaccompanied 

housing in ‘‘Military Construction’’ accounts, to be merged with and 

to be available for the same purposes and for the same period of 

time as amounts appropriated directly to the Fund: Provided, That 

appropriations made available to the Funds shall be available to 

cover the costs, as defined in section 502(5) of the Congressional 

Budget Act of 1974, of direct loans or loan guarantees issued by the 

Department of Defense pursuant to the provisions of subchapter IV 

of chapter 169 of title 10, United States Code, pertaining to alternative means of acquiring and improving military family housing, 

military unaccompanied housing, and supporting facilities. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 118. In addition to any other transfer authority available 

to the Department of Defense, amounts may be transferred from the 

Department of Defense Base Closure Account to the fund established 

by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated with the Homeowners Assistance Program incurred under 42 

U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged with 


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and be available for the same purposes and for the same time period as the fund to which transferred. 

SEC. 119. Notwithstanding any other provision of law, funds 

made available in this title for operation and maintenance of family 

housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer 

quarters: Provided, That not more than $35,000 per unit may be 

spent annually for the maintenance and repair of any general or 

flag officer quarters without 30 days prior notification, or 14 days 

for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, except that an 

after-the-fact notification shall be submitted if the limitation is exceeded solely due to costs associated with environmental remediation that could not be reasonably anticipated at the time of the 

budget submission: Provided further, That the Under Secretary of 

Defense (Comptroller) is to report annually to the Committees on 

Appropriations of both Houses of Congress all operation and maintenance expenditures for each individual general or flag officer 

quarters for the prior fiscal year. 

SEC. 120. Amounts contained in the Ford Island Improvement 

Account established by subsection (h) of section 2814 of title 10, 

United States Code, are appropriated and shall be available until 

expended for the purposes specified in subsection (i)(1) of such section or until transferred pursuant to subsection (i)(3) of such section. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 121. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such appropriations will not be necessary for the liquidation of obligations 

or for making authorized adjustments to such appropriations for obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be 

transferred into the appropriation ‘‘Foreign Currency Fluctuations, 

Construction, Defense’’, to be merged with and to be available for 

the same time period and for the same purposes as the appropriation to which transferred. 

SEC. 122. (a) Except as provided in subsection (b), none of the 

funds made available in this Act may be used by the Secretary of 

the Army to relocate a unit in the Army that— 

(1) performs a testing mission or function that is not performed by any other unit in the Army and is specifically stipulated in title 10, United States Code; and 

(2) is located at a military installation at which the total 

number of civilian employees of the Department of the Army 

and Army contractor personnel employed exceeds 10 percent of 

the total number of members of the regular and reserve components of the Army assigned to the installation. 

(b) EXCEPTION.—Subsection (a) shall not apply if the Secretary 

of the Army certifies to the congressional defense committees that in 

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plied with Army Regulation 5–10 relating to the policy, procedures, 

and responsibilities for Army stationing actions. 

SEC. 123. Amounts appropriated or otherwise made available in 

an account funded under the headings in this title may be transferred among projects and activities within the account in accordance with the reprogramming guidelines for military construction 

and family housing construction contained in Department of Defense Financial Management Regulation 7000.14–R, Volume 3, 

Chapter 7, of March 2011, as in effect on the date of enactment of 

this Act. 

SEC. 124. None of the funds made available in this title may 

be obligated or expended for planning and design and construction 

of projects at Arlington National Cemetery. 

SEC. 125. For an additional amount for the accounts and in the 

amounts specified, to remain available until September 30, 2021: ‘‘Military Construction, Army’’, $40,500,000; 

‘‘Military Construction, Navy and Marine Corps’’, $227,099,000; 

‘‘Military Construction, Air Force’’, $149,500,000; 

‘‘Military Construction, Army National Guard’’, $67,500,000; 

‘‘Military Construction, Air National Guard’’, $11,000,000; 

‘‘Military Construction, Army Reserve’’, $30,000,000: 

Provided, That such funds may only be obligated to carry out construction projects identified in the respective military department’s 

unfunded priority list for fiscal year 2017 submitted to Congress by 

the Secretary of Defense: Provided further, That such projects are 

subject to authorization prior to obligation and expenditure of funds 

to carry out construction: Provided further, That not later than 30 

days after enactment of this Act, the Secretary of the military department concerned, or his or her designee, shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this section. 

SEC. 126. For an additional amount for ‘‘Military Construction, Navy and Marine Corps’’, $89,400,000, to remain available until 

September 30, 2021: Provided, That, such funds may only be obligated to carry out construction projects identified by the Department 

of the Navy in its June 8, 2016, unfunded priority list submission 

to the Committees on Appropriations of both Houses of Congress detailing unfunded reprogramming and emergency construction requirements: Provided further, That, not later than 30 days after enactment of this Act, the Secretary of the Navy, or his or her designee, shall submit to the Committees an expenditure plan for funds 

provided under this section. 

(RESCISSIONS OF FUNDS)

SEC. 127. Of the unobligated balances available to the Department of Defense from prior appropriation Acts, the following funds 

are hereby rescinded from the following accounts in the amounts 

specified: 

‘‘Military Construction, Army’’, $29,602,000; 

‘‘Military Construction, Air Force’’, $51,460,000; 

‘‘Military Construction, Defense-Wide’’, $171,600,000, of 

which $30,000,000 are to be derived from amounts made available for Missile Defense Agency planning and design; and 


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‘‘North Atlantic Treaty Organization Security Investment Program’’, $30,000,000: 

Provided, That no amounts may be rescinded from amounts that 

were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement 

pursuant to a concurrent resolution on the budget or the Balanced 

Budget and Emergency Deficit Control Act of 1985, as amended. 

(RESCISSION OF FUNDS)

SEC. 128. Of the unobligated balances made available in prior 

appropriation Acts for the fund established in section 1013(d) of the 

Demonstration Cities and Metropolitan Development Act of 1966 (42 

U.S.C. 3374) (other than appropriations designated by law as being 

for contingency operations directly related to the global war on terrorism or as an emergency requirement), $25,000,000 are hereby rescinded. 

SEC. 129. For the purposes of this Act, the term ‘‘congressional 

defense committees’’ means the Committees on Armed Services of the 

House of Representatives and the Senate, the Subcommittee on Military Construction and Veterans Affairs of the Committee on Appropriations of the Senate, and the Subcommittee on Military Construction and Veterans Affairs of the Committee on Appropriations 

of the House of Representatives. 

SEC. 130. None of the funds made available by this Act may be 

used to carry out the closure or realignment of the United States 

Naval Station, 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 


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38, United States Code; pension benefits to or on behalf of veterans 

as authorized by chapters 15, 51, 53, 55, and 61 of title 38, United 

States Code; and burial benefits, the Reinstated Entitlement Program for Survivors, emergency and other officers’ retirement pay, 

adjusted-service credits and certificates, payment of premiums due 

on commercial life insurance policies guaranteed under the provisions of title IV of the Servicemembers Civil Relief Act (50 U.S.C. 

App. 541 et seq.) and for other benefits as authorized by sections 

107, 1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of 

title 38, United States Code, $90,119,449,000, to remain available 

until expended and to become available on October 1, 2017: Provided, That not to exceed $17,224,000 of the amount made available 

for fiscal year 2018 under this heading shall be reimbursed to ‘‘General Operating Expenses, Veterans Benefits Administration’’, and 

‘‘Information Technology Systems’’ for necessary expenses in implementing the provisions of chapters 51, 53, and 55 of title 38, United 

States Code, the funding source for which is specifically provided as 

the ‘‘Compensation and Pensions’’ appropriation: Provided further, 

That such sums as may be earned on an actual qualifying patient 

basis, shall be reimbursed to ‘‘Medical Care Collections Fund’’ to 

augment the funding of individual medical facilities for nursing 

home care provided to pensioners as authorized. 

READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits to 

or on behalf of veterans as authorized by chapters 21, 30, 31, 33, 

34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code, 

$13,708,648,000, to remain available until expended and to become 

available on October 1, 2017: Provided, That expenses for rehabilitation program services and assistance which the Secretary is authorized to provide under subsection (a) of section 3104 of title 38, 

United States Code, other than under paragraphs (1), (2), (5), and 

(11) of that subsection, shall be charged to this account. 

VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance, 

and veterans mortgage life insurance as authorized by chapters 19 

and 21, title 38, United States Code, $124,504,000, to remain available until expended, of which $107,899,000 shall become available 

on October 1, 2017. 

VETERANS HOUSING BENEFIT PROGRAM FUND

For the cost of direct and guaranteed loans, such sums as may 

be necessary to carry out the program, as authorized by subchapters 

I through III of chapter 37 of title 38, United States Code: Provided, 

That such costs, including the cost of modifying such loans, shall 

be as defined in section 502 of the Congressional Budget Act of 

1974: Provided further, That, during fiscal year 2017, within the resources available, not to exceed $500,000 in gross obligations for direct loans are authorized for specially adapted housing loans. 

In addition, for administrative expenses to carry out the direct 

and guaranteed loan programs, $198,856,000. 


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VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

For the cost of direct loans, $36,000, as authorized by chapter 

31 of title 38, United States Code: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, 

That funds made available under this heading are available to subsidize gross obligations for the principal amount of direct loans not 

to exceed $2,517,000. 

In addition, for administrative expenses necessary to carry out 

the direct loan program, $389,000, which may be paid to the appropriation for ‘‘General Operating Expenses, Veterans Benefits Administration’’. 

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United 

States Code, $1,163,000. 

GENERAL OPERATING EXPENSES, VETERANS BENEFITS

ADMINISTRATION

For necessary operating expenses of the Veterans Benefits Administration, not otherwise provided for, including hire of passenger 

motor vehicles, reimbursement of the General Services Administration for security guard services, and reimbursement of the Department of Defense for the cost of overseas employee mail, 

$2,856,160,000: Provided, That expenses for services and assistance 

authorized under paragraphs (1), (2), (5), and (11) of section 

3104(a) of title 38, United States Code, that the Secretary of Veterans Affairs determines are necessary to enable entitled veterans: 

(1) to the maximum extent feasible, to become employable and to obtain and maintain suitable employment; or (2) to achieve maximum 

independence in daily living, shall be charged to this account: Provided further, That, of the funds made available under this heading, not to exceed 5 percent shall remain available until September 

30, 2018. 

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

For necessary expenses for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Department of Veterans Affairs and veterans described in section 

1705(a) of title 38, United States Code, including care and treatment in facilities not under the jurisdiction of the Department, and 

including medical supplies and equipment, bioengineering services, 

food services, and salaries and expenses of healthcare employees 

hired under title 38, United States Code, aid to State homes as authorized by section 1741 of title 38, United States Code, assistance 

and support services for caregivers as authorized by section 1720G 

of title 38, United States Code, loan repayments authorized by section 604 of the Caregivers and Veterans Omnibus Health Services 

Act of 2010 (Public Law 111–163; 124 Stat. 1174; 38 U.S.C. 7681 

note), and hospital care and medical services authorized by section 


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1787 of title 38, United States Code; $1,078,993,000, which shall be 

in addition to funds previously appropriated under this heading 

that become available on October 1, 2016; and, in addition, 

$44,886,554,000, plus reimbursements, shall become available on 

October 1, 2017, and shall remain available until September 30, 

2018: Provided, That, of the amount made available on October 1, 

2017, under this heading, $1,400,000,000 shall remain available 

until September 30, 2019: Provided further, That, notwithstanding 

any other provision of law, the Secretary of Veterans Affairs shall 

establish a priority for the provision of medical treatment for veterans who have service-connected disabilities, lower income, or have 

special needs: Provided further, That, notwithstanding any other 

provision of law, the Secretary of Veterans Affairs shall give priority 

funding for the provision of basic medical benefits to veterans in enrollment priority groups 1 through 6: Provided further, That, notwithstanding any other provision of law, the Secretary of Veterans 

Affairs may authorize the dispensing of prescription drugs from Veterans Health Administration facilities to enrolled veterans with privately written prescriptions based on requirements established by 

the Secretary: Provided further, That the implementation of the program described in the previous proviso shall incur no additional 

cost to the Department of Veterans Affairs: Provided further, That 

the Secretary of Veterans Affairs shall ensure that sufficient 

amounts appropriated under this heading for medical supplies and 

equipment are available for the acquisition of prosthetics designed 

specifically for female veterans: Provided further, That the Secretary 

of Veterans Affairs shall provide access to therapeutic listening devices to veterans struggling with mental health related problems, 

substance abuse, or traumatic brain injury. 

MEDICAL COMMUNITY CARE

For necessary expenses for furnishing health care to individuals 

pursuant to chapter 17 of title 38, United States Code, at non-Department facilities, $7,246,181,000, plus reimbursements, of which 

$2,000,000,000 shall remain available until September 30, 2020; 

and, in addition, $9,409,118,000 shall become available on October 

1, 2017, and shall remain available until September 30, 2018: Provided, That of the amount made available on October 1, 2017, 

$1,500,000,000 shall remain available until September 30, 2021. 

MEDICAL SUPPORT AND COMPLIANCE

For necessary expenses in the administration of the medical, 

hospital, nursing home, domiciliary, construction, supply, and research activities, as authorized by law; administrative expenses in 

support of capital policy activities; and administrative and legal expenses of the Department for collecting and recovering amounts 

owed the Department as authorized under chapter 17 of title 38, 

United States Code, and the Federal Medical Care Recovery Act (42 

U.S.C. 2651 et seq.), $6,654,480,000, plus reimbursements, shall become available on October 1, 2017, and shall remain available until 

September 30, 2018: Provided, That, of the amount made available 

on October 1, 2017, under this heading, $100,000,000 shall remain 

available until September 30, 2019. 


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MEDICAL FACILITIES

For necessary expenses for the maintenance and operation of 

hospitals, nursing homes, domiciliary facilities, and other necessary 

facilities of the Veterans Health Administration; for administrative 

expenses in support of planning, design, project management, real 

property acquisition and disposition, construction, and renovation of 

any facility under the jurisdiction or for the use of the Department; 

for oversight, engineering, and architectural activities not charged 

to project costs; for repairing, altering, improving, or providing facilities in the several hospitals and homes under the jurisdiction of 

the Department, not otherwise provided for, either by contract or by 

the hire of temporary employees and purchase of materials; for 

leases of facilities; and for laundry services; $247,668,000, which 

shall be in addition to funds previously appropriated under this 

heading that become available on October 1, 2016; and, in addition, 

$5,434,880,000, plus reimbursements, shall become available on October 1, 2017, and shall remain available until September 30, 2018: 

Provided, That, of the amount made available on October 1, 2017, 

under this heading, $250,000,000 shall remain available until September 30, 2019. 

MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical and 

prosthetic research and development as authorized by chapter 73 of 

title 38, United States Code, $675,366,000, plus reimbursements, 

shall remain available until September 30, 2018: Provided, That the 

Secretary of Veterans Affairs shall ensure that sufficient amounts 

appropriated under this heading are available for prosthetic research specifically for female veterans, and for toxic exposure research. 

NATIONAL CEMETERY ADMINISTRATION

For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for, including uniforms or allowances therefor; cemeterial expenses as authorized by law; purchase of one passenger motor vehicle for use in 

cemeterial operations; hire of passenger motor vehicles; and repair, 

alteration or improvement of facilities under the jurisdiction of the 

National Cemetery Administration, $286,193,000, of which not to 

exceed 10 percent shall remain available until September 30, 2018. 

DEPARTMENTAL ADMINISTRATION

GENERAL ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

For necessary operating expenses of the Department of Veterans 

Affairs, not otherwise provided for, including administrative expenses in support of Department-wide capital planning, management and policy activities, uniforms, or allowances therefor; not to 

exceed $25,000 for official reception and representation expenses; 

hire of passenger motor vehicles; and reimbursement of the General 

Services Administration for security guard services, $345,391,000, of 

which not to exceed 5 percent shall remain available until SepVerDate Sep 11 2014 02:26 Jun 24, 2016 Jkt 020491 PO 00000 Frm 00015 Fmt 6659 Sfmt 6603 E:\HR\OC\HR640.XXX HR640

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tember 30, 2018: Provided, That funds provided under this heading 

may be transferred to ‘‘General Operating Expenses, Veterans Benefits Administration’’. 

BOARD OF VETERANS APPEALS

For necessary operating expenses of the Board of Veterans Appeals, $156,096,000, of which not to exceed 10 percent shall remain 

available until September 30, 2018. 

INFORMATION TECHNOLOGY SYSTEMS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for information technology systems and 

telecommunications support, including developmental information 

systems and operational information systems; for pay and associated costs; and for the capital asset acquisition of information technology systems, including management and related contractual 

costs of said acquisitions, including contractual costs associated 

with operations authorized by section 3109 of title 5, United States 

Code, $4,278,259,000, plus reimbursements: Provided, That 

$1,272,548,000 shall be for pay and associated costs, of which not 

to exceed $37,100,000 shall remain available until September 30, 

2018: Provided further, That $2,534,442,000 shall be for operations 

and maintenance, of which not to exceed $180,200,000 shall remain 

available until September 30, 2018: Provided further, That 

$471,269,000 shall be for information technology systems development, modernization, and enhancement, and shall remain available 

until September 30, 2018: Provided further, That amounts made 

available for information technology systems development, modernization, and enhancement may not be obligated or expended 

until the Secretary of Veterans Affairs or the Chief Information Officer of the Department of Veterans Affairs submits to the Committees 

on Appropriations of both Houses of Congress a certification of the 

amounts, in parts or in full, to be obligated and expended for each 

development project: Provided further, That amounts made available for salaries and expenses, operations and maintenance, and information technology systems development, modernization, and enhancement may be transferred among the three subaccounts after 

the Secretary of Veterans Affairs requests from the Committees on 

Appropriations of both Houses of Congress the authority to make the 

transfer and an approval is issued: Provided further, That amounts 

made available for the ‘‘Information Technology Systems’’ account 

for development, modernization, and enhancement may be transferred among projects or to newly defined projects: Provided further, 

That no project may be increased or decreased by more than 

$1,000,000 of cost prior to submitting a request to the Committees 

on Appropriations of both Houses of Congress to make the transfer 

and an approval is issued, or absent a response, a period of 30 days 

has elapsed: Provided further, That funds under this heading may 

be used by the Interagency Program Office through the Department 

of Veterans Affairs to define data standards, code sets, and value 

sets used to enable interoperability: Provided further, That of the 

funds made available for information technology systems development, modernization, and enhancement for VistA Evolution or any 


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successor program, not more than 25 percent may be obligated or 

expended until the Secretary of Veterans Affairs: 

(1) submits to the Committees on Appropriations of both 

Houses of Congress the VistA Evolution Business Case and supporting documents regarding continuation of VistA Evolution or 

alternatives to VistA Evolution, including an analysis of necessary or desired capabilities, technical and security requirements, the plan for modernizing the platform framework, and 

all associated costs; 

(2) submits to the Committees on Appropriations of both 

Houses of Congress, and such Committees approve, the following: a report that describes a strategic plan for VistA Evolution, or any successor program, and the associated implementation plan including metrics and timelines; a master schedule 

and lifecycle cost estimate for VistA Evolution or any successor; 

and an implementation plan for the transition from the Project 

Management Accountability System to a new project delivery 

framework, the Veteran-focused Integration Process, that includes the methodology by which projects will be tracked, 

progress measured, and deliverables evaluated; 

(3) submits to the Committees on Appropriations of both 

Houses of Congress a report outlining the strategic plan to 

reach interoperability with private sector healthcare providers, 

the timeline for reaching ‘‘meaningful use’’ as defined by the Office of National Coordinator for Health Information Technology 

for each data domain covered under the VistA Evolution program, and the extent to which the Department of Veterans Affairs leverages the State Health Information Exchanges to share 

health data with private sector providers; 

(4) submits to the Committees on Appropriations of both 

Houses of Congress, and such Committees approve, the following: a report that describes the extent to which VistA Evolution, or any successor program, maximizes the use of commercially available software used by DoD and the private sector, requires an open architecture that leverages best practices and 

rapidly adapts to technologies produced by the private sector, 

enhances full interoperability between the VA and DoD and between VA and the private sector, and ensures the security of 

personally identifiable information of veterans and beneficiaries; and 

(5) certifies in writing to the Committees on Appropriations 

of both Houses of Congress that the Department of Veterans Affairs has met the requirements contained in the National Defense Authorization Act of Fiscal Year 2014 (Public Law 113– 

66) which require that electronic health record systems of the 

Department of Defense and the Department of Veterans Affairs 

have reached interoperability, comply with national standards 

and architectural requirements identified by the DoD/VA Interagency Program Office in collaboration with the Office of National Coordinator for Health Information Technology: 

Provided further, That the funds made available under this heading 

for information technology systems development, modernization, 

and enhancement, shall be for the projects, and in the amounts, 

specified under this heading in the joint explanatory statement accompanying this Act. 


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OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, to include information technology, in carrying out the provisions of the 

Inspector General Act of 1978 (5 U.S.C. App.), $160,106,000, of 

which not to exceed 10 percent shall remain available until September 30, 2018. 

CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending, and improving any of the 

facilities, including parking projects, under the jurisdiction or for 

the use of the Department of Veterans Affairs, or for any of the purposes set forth in sections 316, 2404, 2406 and chapter 81 of title 

38, United States Code, not otherwise provided for, including planning, architectural and engineering services, construction management services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system 

construction costs, and site acquisition, where the estimated cost of 

a project is more than the amount set forth in section 8104(a)(3)(A) 

of title 38, United States Code, or where funds for a project were 

made available in a previous major project appropriation, 

$528,110,000, of which $478,110,000 shall remain available until 

September 30, 2021, and of which $50,000,000 shall remain available until expended: Provided, That except for advance planning activities, including needs assessments which may or may not lead to 

capital investments, and other capital asset management related activities, including portfolio development and management activities, 

and investment strategy studies funded through the advance planning fund and the planning and design activities funded through 

the design fund, including needs assessments which may or may not 

lead to capital investments, and salaries and associated costs of the 

resident engineers who oversee those capital investments funded 

through this account and contracting officers who manage specific 

major construction projects, and funds provided for the purchase, 

security, and maintenance of land for the National Cemetery Administration through the land acquisition line item, none of the 

funds made available under this heading shall be used for any 

project that has not been notified to Congress through the budgetary 

process or that has not been approved by the Congress through statute, joint resolution, or in the explanatory statement accompanying 

such Act and presented to the President at the time of enrollment: 

Provided further, That funds made available under this heading for 

fiscal year 2017, for each approved project shall be obligated: (1) by 

the awarding of a construction documents contract by September 30, 

2017; and (2) by the awarding of a construction contract by September 30, 2018: Provided further, That the Secretary of Veterans 

Affairs shall promptly submit to the Committees on Appropriations 

of both Houses of Congress a written report on any approved major 

construction project for which obligations are not incurred within 

the time limitations established above: Provided further, That, of 

the amount made available under this heading, $222,620,000 for 

Veterans Health Administration major construction projects shall 

not be available until the Department of Veterans Affairs— 


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(1) enters into an agreement with an appropriate non-Department of Veterans Affairs Federal entity to serve as the design and/or construction agent for any Veterans Health Administration major construction project with a Total Estimated 

Cost of $100,000,000 or above by providing full project management services, including management of the project design, acquisition, construction, and contract changes, consistent with 

section 502 of Public Law 114–58; and 

(2) certifies in writing that such an agreement is executed 

and intended to minimize or prevent subsequent major construction project cost overruns and provides a copy of the agreement entered into and any required supplementary information 

to the Committees on Appropriations of both Houses of Congress. 

CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of the 

facilities, including parking projects, under the jurisdiction or for 

the use of the Department of Veterans Affairs, including planning 

and assessments of needs which may lead to capital investments, 

architectural and engineering services, maintenance or guarantee 

period services costs associated with equipment guarantees provided 

under the project, services of claims analysts, offsite utility and 

storm drainage system construction costs, and site acquisition, or 

for any of the purposes set forth in sections 316, 2404, 2406 and 

chapter 81 of title 38, United States Code, not otherwise provided 

for, where the estimated cost of a project is equal to or less than the 

amount set forth in section 8104(a)(3)(A) of title 38, United States 

Code, $372,069,000, to remain available until September 30, 2021, 

along with unobligated balances of previous ‘‘Construction, Minor 

Projects’’ appropriations which are hereby made available for any 

project where the estimated cost is equal to or less than the amount 

set forth in such section: Provided, That funds made available 

under this heading shall be for: (1) repairs to any of the nonmedical 

facilities under the jurisdiction or for the use of the Department 

which are necessary because of loss or damage caused by any natural disaster or catastrophe; and (2) temporary measures necessary 

to prevent or to minimize further loss by such causes. 

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist States to acquire or construct State nursing 

home and domiciliary facilities and to remodel, modify, or alter existing hospital, nursing home, and domiciliary facilities in State 

homes, for furnishing care to veterans as authorized by sections 

8131 through 8137 of title 38, United States Code, $90,000,000, to 

remain available until expended. 

GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

For grants to assist States and tribal organizations in establishing, expanding, or improving veterans cemeteries as authorized 

by section 2408 of title 38, United States Code, $45,000,000, to remain available until expended. 


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ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

SEC. 201. Any appropriation for fiscal year 2017 for ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, and ‘‘Veterans 

Insurance and Indemnities’’ may be transferred as necessary to any 

other of the mentioned appropriations: Provided, That, before a 

transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of 

Congress the authority to make the transfer and such Committees 

issue an approval, or absent a response, a period of 30 days has 

elapsed. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2017, in this or any other Act, under 

the ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical Facilities’’ accounts may be 

transferred among the accounts: Provided, That any transfers 

among the ‘‘Medical Services’’, ‘‘Medical Community Care’’, and 

‘‘Medical Support and Compliance’’ accounts of 1 percent or less of 

the total amount appropriated to the account in this or any other 

Act may take place subject to notification from the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses 

of Congress of the amount and purpose of the transfer: Provided further, That any transfers among the ‘‘Medical Services’’, ‘‘Medical 

Community Care’’, and ‘‘Medical Support and Compliance’’ accounts in excess of 1 percent, or exceeding the cumulative 1 percent 

for the fiscal year, may take place only after the Secretary requests 

from the Committees on Appropriations of both Houses of Congress 

the authority to make the transfer and an approval is issued: Provided further, That any transfers to or from the ‘‘Medical Facilities’’ 

account may take place only after the Secretary requests from the 

Committees on Appropriations of both Houses of Congress the authority to make the transfer and an approval is issued. 

SEC. 203. Appropriations available in this title for salaries and 

expenses shall be available for services authorized by section 3109 

of title 5, United States Code; hire of passenger motor vehicles; lease 

of a facility or land or both; and uniforms or allowances therefore, 

as authorized by sections 5901 through 5902 of title 5, United 

States Code. 

SEC. 204. No appropriations in this title (except the appropriations for ‘‘Construction, Major Projects’’, and ‘‘Construction, Minor 

Projects’’) shall be available for the purchase of any site for or toward the construction of any new hospital or home. 

SEC. 205. No appropriations in this title shall be available for 

hospitalization or examination of any persons (except beneficiaries 

entitled to such hospitalization or examination under the laws providing such benefits to veterans, and persons receiving such treatment under sections 7901 through 7904 of title 5, United States 

Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the 

cost of such hospitalization or examination is made to the ‘‘Medical 


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Services’’ account at such rates as may be fixed by the Secretary of 

Veterans Affairs. 

SEC. 206. Appropriations available in this title for ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, and ‘‘Veterans Insurance and Indemnities’’ shall be available for payment of prior year 

accrued obligations required to be recorded by law against the corresponding prior year accounts within the last quarter of fiscal year 

2016. 

SEC. 207. Appropriations available in this title shall be available to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 

3712(a) of title 31, United States Code, except that if such obligations are from trust fund accounts they shall be payable only from 

‘‘Compensation and Pensions’’. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 208. Notwithstanding any other provision of law, during 

fiscal year 2017, the Secretary of Veterans Affairs shall, from the 

National Service Life Insurance Fund under section 1920 of title 38, 

United States Code, the Veterans’ Special Life Insurance Fund 

under section 1923 of title 38, United States Code, and the United 

States Government Life Insurance Fund under section 1955 of title 

38, United States Code, reimburse the ‘‘General Operating Expenses, 

Veterans Benefits Administration’’ and ‘‘Information Technology 

Systems’’ accounts for the cost of administration of the insurance 

programs financed through those accounts: Provided, That reimbursement shall be made only from the surplus earnings accumulated in such an insurance program during fiscal year 2017 that 

are available for dividends in that program after claims have been 

paid and actuarially determined reserves have been set aside: Provided further, That if the cost of administration of such an insurance program exceeds the amount of surplus earnings accumulated 

in that program, reimbursement shall be made only to the extent of 

such surplus earnings: Provided further, That the Secretary shall 

determine the cost of administration for fiscal year 2017 which is 

properly allocable to the provision of each such insurance program 

and to the provision of any total disability income insurance included in that insurance program. 

SEC. 209. Amounts deducted from enhanced-use lease proceeds 

to reimburse an account for expenses incurred by that account during a prior fiscal year for providing enhanced-use lease services, 

may be obligated during the fiscal year in which the proceeds are 

received. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 210. Funds available in this title or funds for salaries and 

other administrative expenses shall also be available to reimburse 

the Office of Resolution Management of the Department of Veterans 

Affairs and the Office of Employment Discrimination Complaint 

Adjudication under section 319 of title 38, United States Code, for 

all services provided at rates which will recover actual costs but not 

to exceed $47,668,000 for the Office of Resolution Management and 

$3,932,000 for the Office of Employment Discrimination Complaint 

Adjudication: Provided, That payments may be made in advance for 


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22 

services to be furnished based on estimated costs: Provided further, 

That amounts received shall be credited to the ‘‘General Administration’’ and ‘‘Information Technology Systems’’ accounts for use by the 

office that provided the service. 

SEC. 211. No funds of the Department of Veterans Affairs shall 

be available for hospital care, nursing home care, or medical services provided to any person under chapter 17 of title 38, United 

States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to the 

Secretary of Veterans Affairs, in such form as the Secretary may require, current, accurate third-party reimbursement information for 

purposes of section 1729 of such title: Provided, That the Secretary 

may recover, in the same manner as any other debt due the United 

States, the reasonable charges for such care or services from any 

person who does not make such disclosure as required: Provided 

further, That any amounts so recovered for care or services provided 

in a prior fiscal year may be obligated by the Secretary during the 

fiscal year in which amounts are received. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 212. Notwithstanding any other provision of law, proceeds 

or revenues derived from enhanced-use leasing activities (including 

disposal) may be deposited into the ‘‘Construction, Major Projects’’ 

and ‘‘Construction, Minor Projects’’ accounts and be used for construction (including site acquisition and disposition), alterations, 

and improvements of any medical facility under the jurisdiction or 

for the use of the Department of Veterans Affairs. Such sums as realized are in addition to the amount provided for in ‘‘Construction, 

Major Projects’’ and ‘‘Construction, Minor Projects’’. 

SEC. 213. Amounts made available under ‘‘Medical Services’’ 

are available— 

(1) for furnishing recreational facilities, supplies, and 

equipment; and 

(2) for funeral expenses, burial expenses, and other expenses 

incidental to funerals and burials for beneficiaries receiving 

care in the Department. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 214. Such sums as may be deposited to the Medical Care 

Collections Fund pursuant to section 1729A of title 38, United 

States Code, may be transferred to the ‘‘Medical Services’’ and 

‘‘Medical Community Care’’ accounts to remain available until expended for the purposes of these accounts. 

SEC. 215. The Secretary of Veterans Affairs may enter into 

agreements with Federally Qualified Health Centers in the State of 

Alaska and Indian tribes and tribal organizations which are party 

to the Alaska Native Health Compact with the Indian Health Service, to provide healthcare, including behavioral health and dental 

care, to veterans in rural Alaska. The Secretary shall require participating veterans and facilities to comply with all appropriate 

rules and regulations, as established by the Secretary. The term 

‘‘rural Alaska’’ shall mean those lands which are not within the 

boundaries of the municipality of Anchorage or the Fairbanks North 

Star Borough. 


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23 

(INCLUDING TRANSFER OF FUNDS)

SEC. 216. Such sums as may be deposited to the Department of 

Veterans Affairs Capital Asset Fund pursuant to section 8118 of 

title 38, United States Code, may be transferred to the ‘‘Construction, Major Projects’’ and ‘‘Construction, Minor Projects’’ accounts, 

to remain available until expended for the purposes of these accounts. 

(RESCISSION OF FUNDS)

SEC. 217. Of the amounts appropriated in title II of division J 

of Public Law 114–113 under the heading ‘‘Medical Services’’ which 

become available on October 1, 2016, $7,246,181,000 are hereby rescinded. 

SEC. 218. Not later than 30 days after the end of each fiscal 

quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a report on 

the financial status of the Department of Veterans Affairs for the 

preceding quarter: Provided, That, at a minimum, the report shall 

include the direction contained in the paragraph entitled ‘‘Quarterly 

reporting’’, under the heading ‘‘General Administration’’ in the joint 

explanatory statement accompanying this Act. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 219. Amounts made available under the ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’, ‘‘Medical Facilities’’, ‘‘General Operating Expenses, Veterans 

Benefits Administration’’, ‘‘General Administration’’, and ‘‘National 

Cemetery Administration’’ accounts for fiscal year 2017 may be 

transferred to or from the ‘‘Information Technology Systems’’ account: Provided, That such transfers may not result in a more than 

10 percent aggregate increase in the total amount made available 

by this Act for the ‘‘Information Technology Systems’’ account: Provided further, That, before a transfer may take place, the Secretary 

of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer 

and an approval is issued. 

SEC. 220. None of the funds appropriated or otherwise made 

available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with: (1) 

section 842 of the Transportation, Treasury, Housing and Urban 

Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law 109–115; 

119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United States 

Code. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 221. Of the amounts appropriated to the Department of 

Veterans Affairs for fiscal year 2017 for ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’, ‘‘Medical Facilities’’, ‘‘Construction, Minor Projects’’, and ‘‘Information 

Technology Systems’’, up to $274,731,000, plus reimbursements, 

may be transferred to the Joint Department of Defense-Department 

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lished by section 1704 of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571) and may be 

used for operation of the facilities designated as combined Federal 

medical facilities as described by section 706 of the Duncan Hunter 

National Defense Authorization Act for Fiscal Year 2009 (Public 

Law 110–417; 122 Stat. 4500): Provided, That additional funds 

may be transferred from accounts designated in this section to the 

Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the 

Secretary of Veterans Affairs to the Committees on Appropriations 

of both Houses of Congress: Provided further, That section 223 of 

title II of division J of Public Law 114–113 is repealed. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 222. Of the amounts appropriated to the Department of 

Veterans Affairs which become available on October 1, 2017, for 

‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support 

and Compliance’’, and ‘‘Medical Facilities’’, up to $280,802,000, plus 

reimbursements, may be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

3571) and may be used for operation of the facilities designated as 

combined Federal medical facilities as described by section 706 of 

the Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009 (Public Law 110–417; 122 Stat. 4500): Provided, That 

additional funds may be transferred from accounts designated in 

this section to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written 

notification by the Secretary of Veterans Affairs to the Committees 

on Appropriations of both Houses of Congress. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 223. Such sums as may be deposited to the Medical Care 

Collections Fund pursuant to section 1729A of title 38, United 

States Code, for healthcare provided at facilities designated as combined Federal medical facilities as described by section 706 of the 

Duncan Hunter National Defense Authorization Act for Fiscal Year 

2009 (Public Law 110–417; 122 Stat. 4500) shall also be available: 

(1) for transfer to the Joint Department of Defense-Department of 

Veterans Affairs Medical Facility Demonstration Fund, established 

by section 1704 of the National Defense Authorization Act for Fiscal 

Year 2010 (Public Law 111–84; 123 Stat. 3571); and (2) for operations of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National 

Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 

417; 122 Stat. 4500). 

(INCLUDING TRANSFER OF FUNDS)

SEC. 224. Of the amounts available in this title for ‘‘Medical 

Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical Facilities’’, a minimum of $15,000,000 shall 

be transferred to the DOD–VA Health Care Sharing Incentive Fund, 

as authorized by section 8111(d) of title 38, United States Code, to 


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25 

remain available until expended, for any purpose authorized by section 8111 of title 38, United States Code. 

SEC. 225. None of the funds available to the Department of Veterans Affairs, in this or any other Act, may be used to replace the 

current system by which the Veterans Integrated Service Networks 

select and contract for diabetes monitoring supplies and equipment. 

SEC. 226. The Secretary of Veterans Affairs shall notify the 

Committees on Appropriations of both Houses of Congress of all bid 

savings in a major construction project that total at least 

$5,000,000, or 5 percent of the programmed amount of the project, 

whichever is less: Provided, That such notification shall occur within 14 days of a contract identifying the programmed amount: Provided further, That the Secretary shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to the obligation of such bid savings and shall describe the anticipated use of 

such savings. 

SEC. 227. None of the funds made available for ‘‘Construction, 

Major Projects’’ may be used for a project in excess of the scope specified for that project in the original justification data provided to 

the Congress as part of the request for appropriations unless the 

Secretary of Veterans Affairs receives approval from the Committees 

on Appropriations of both Houses of Congress. 

SEC. 228. Not later than 30 days after the end of each fiscal 

quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report containing performance measures and data from each Veterans 

Benefits Administration Regional Office: Provided, That, at a minimum, the report shall include the direction contained in the section 

entitled ‘‘Disability claims backlog’’, under the heading ‘‘General 

Operating Expenses, Veterans Benefits Administration’’ in the joint 

explanatory statement accompanying this Act. 

SEC. 229. Of the funds provided to the Department of Veterans 

Affairs for fiscal year 2017 for ‘‘Medical Support and Compliance’’ 

a maximum of $40,000,000 may be obligated from the ‘‘Medical 

Support and Compliance’’ account for the VistA Evolution and electronic health record interoperability projects: Provided, That funds 

in addition to these amounts may be obligated for the VistA Evolution and electronic health record interoperability projects upon 

written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress. 

SEC. 230. The Secretary of Veterans Affairs shall provide written notification to the Committees on Appropriations of both Houses 

of Congress 15 days prior to organizational changes which result in 

the transfer of 25 or more full-time equivalents from one organizational unit of the Department of Veterans Affairs to another. 

SEC. 231. The Secretary of Veterans Affairs shall provide on a 

quarterly basis to the Committees on Appropriations of both Houses 

of Congress notification of any single national outreach and awareness marketing campaign in which obligations exceed $2,000,000. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 232. The Secretary of Veterans Affairs, upon determination that such action is necessary to address needs of the Veterans 

Health Administration, may transfer to the ‘‘Medical Services’’ account any discretionary appropriations made available for fiscal 


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26 

year 2017 in this title (except appropriations made to the ‘‘General 

Operating Expenses, Veterans Benefits Administration’’ account) or 

any discretionary unobligated balances within the Department of 

Veterans Affairs, including those appropriated for fiscal year 2017, 

that were provided in advance by appropriations Acts: Provided, 

That transfers shall be made only with the approval of the Office 

of Management and Budget: Provided further, That the transfer authority provided in this section is in addition to any other transfer 

authority provided by law: Provided further, That no amounts may 

be transferred from amounts that were designated by Congress as 

an emergency requirement pursuant to a concurrent resolution on 

the budget or the Balanced Budget and Emergency Deficit Control 

Act of 1985: Provided further, That such authority to transfer may 

not be used unless for higher priority items, based on emergent 

healthcare requirements, than those for which originally appropriated and in no case where the item for which funds are requested 

has been denied by Congress: Provided further, That, upon determination that all or part of the funds transferred from an appropriation are not necessary, such amounts may be transferred back 

to that appropriation and shall be available for the same purposes 

as originally appropriated: Provided further, That before a transfer 

may take place, the Secretary of Veterans Affairs shall request from 

the Committees on Appropriations of both Houses of Congress the 

authority to make the transfer and receive approval of that request. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 233. Amounts made available for the Department of Veterans Affairs for fiscal year 2017, under the ‘‘Board of Veterans Appeals’’ and the ‘‘General Operating Expenses, Veterans Benefits Administration’’ accounts may be transferred between such accounts: 

Provided, That before a transfer may take place, the Secretary of 

Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make the transfer 

and receive approval of that request. 

SEC. 234. The Secretary of Veterans Affairs may not reprogram 

funds among major construction projects or programs if such instance of reprogramming will exceed $5,000,000, unless such reprogramming is approved by the Committees on Appropriations of 

both Houses of Congress. 

(RESCISSION OF FUNDS)

SEC. 235. Of the unobligated balances available within the 

‘‘DOD–VA Health Care Sharing Incentive Fund’’, $40,000,000 are 

hereby rescinded. 

(RESCISSIONS OF FUNDS)

SEC. 236. Of the discretionary funds made available in Public 

Law 114–113 for the Department of Veterans Affairs for fiscal year 

2017, $134,000,000 are rescinded from ‘‘Medical Services’’, 

$26,000,000 are rescinded from ‘‘Medical Support and Compliance’’, 

and $9,000,000 are rescinded from ‘‘Medical Facilities’’. 

SEC. 237. The amounts otherwise made available by this Act for 

the following accounts of the Department of Veterans Affairs are 

hereby reduced by the following amounts: 


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27 

(1) ‘‘Veterans Health Administration—Medical and Prosthetic Research’’, $2,000,000. 

(2) ‘‘Departmental Administration—Board of Veterans Ap- peals’’, $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 Gen- eral’’, $500,000. 

SEC. 238. The Secretary of Veterans Affairs shall ensure that 

the toll-free suicide hotline under section 1720F(h) of title 38, 

United States Code— 

(1) provides to individuals who contact the hotline immediate assistance from a trained professional; and 

(2) adheres to all requirements of the American Association 

of Suicidology. 

SEC. 239. (a) The Secretary of Veterans Affairs shall treat a 

marriage and family therapist described in subsection (b) as qualified to serve as a marriage and family therapist in the Department 

of Veterans Affairs, regardless of any requirements established by 

the Commission on Accreditation for Marriage and Family Therapy 

Education. 

(b) A marriage and family therapist described in this subsection 

is a therapist who meets each of the following criteria: 

(1) Has a masters or higher degree in marriage and family 

therapy, or a related field, from a regionally accredited institution. 

(2) Is licensed as a marriage and family therapist in a 

State (as defined in section 101(20) of title 38, United States 

Code) and possesses the highest level of licensure offered from 

the State. 

(3) Has passed the Association of Marital and Family Therapy Regulatory Board Examination in Marital and Family 

Therapy or a related examination for licensure administered by 

a State (as so defined). 

SEC. 240. None of the funds in this or any other Act may be 

used to close Department of Veterans Affairs (VA) hospitals, domiciliaries, or clinics, conduct an environmental assessment, or to diminish healthcare services at existing Veterans Health Administration medical facilities located in Veterans Integrated Service Network 23 as part of a planned realignment of VA services until the 

Secretary provides to the Committees on Appropriations of both 

Houses of Congress a report including the following elements: 

(1) a national realignment strategy that includes a detailed 

description of realignment plans within each Veterans Integrated Service Network (VISN), including an updated Long 

Range Capital Plan to implement realignment requirements; 

(2) an explanation of the process by which those plans were 

developed and coordinated within each VISN; 

(3) a cost vs. benefit analysis of each planned realignment, 

including the cost of replacing Veterans Health Administration 

services with contract care or other outsourced services; 

(4) an analysis of how any such planned realignment of 

services will impact access to care for veterans living in rural 


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28 

or highly rural areas, including travel distances and transportation costs to access a VA medical facility and availability of 

local specialty and primary care; 

(5) an inventory of VA buildings with historic designation 

and the methodology used to determine the buildings’ condition 

and utilization; 

(6) a description of how any realignment will be consistent 

with requirements under the National Historic Preservation 

Act; and 

(7) consideration given for reuse of historic buildings within newly identified realignment requirements: Provided, That, 

this provision shall not apply to capital projects in VISN 23, or 

any other VISN, which have been authorized or approved by 

Congress. 

SEC. 241. None of the funds appropriated in this or prior appropriations Acts or otherwise made available to the Department of 

Veterans Affairs may be used to transfer any amounts from the Filipino Veterans Equity Compensation Fund to any other account 

within the Department of Veterans Affairs. 

SEC. 242. Paragraph (3) of section 403(a) of the Veterans’ Mental Health and Other Care Improvements Act of 2008 (Public Law 

110–387; 38 U.S.C. 1703 note) is amended to read as follows: 

‘‘(3) DURATION.—A veteran may receive health services 

under this section during the period beginning on the date specified in paragraph (2) and ending on September 30, 2017.’’. 

SEC. 243. (a) Section 1722A(a) of title 38, United States Code, 

is amended by adding at the end the following new paragraph: 

‘‘(4) Paragraph (1) does not apply to opioid antagonists furnished under this chapter to a veteran who is at high risk for 

overdose of a specific medication or substance in order to reverse the effect of such an overdose.’’. 

(b) Section 1710(g)(3) of such title is amended— 

(1) by striking ‘‘with respect to home health services’’ and 

inserting ‘‘with respect to the following:’’ 

‘‘(A) Home health services’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(B) Education on the use of opioid antagonists to reverse the effects of overdoses of specific medications or substances.’’. 

SEC. 244. Section 312 of title 38, United States Code, is amended in subsection (c)(1) by striking the phrase ‘‘that makes a recommendation or otherwise suggests corrective action,’’. 

SEC. 245. Of the funds provided to the Department of Veterans 

Affairs for each of fiscal year 2017 and fiscal year 2018 for ‘‘Medical 

Services’’, funds may be used in each year to carry out and expand 

the child care program authorized by section 205 of Public Law 

111–163, notwithstanding subsection (e) of such section. 

SEC. 246. Section 5701(l) of title 38, United States Code, is 

amended by striking ‘‘may’’ and inserting ‘‘shall’’. 

VA PATIENT PROTECTION ACT OF 2016 

SEC. 247. (a) PROCEDURE AND ADMINISTRATION.— 

(1) IN GENERAL.—Chapter 7 of title 38, United States Code, is 

amended by adding at the end the following new subchapter: 


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29 

‘‘SUBCHAPTER II—WHISTLEBLOWER COMPLAINTS 

‘‘§ 731. Whistleblower complaint defined 

‘‘In this subchapter, the term ‘whistleblower complaint’ means 

a complaint by an employee of the Department disclosing, or assisting another employee to disclose, a potential violation of any law, 

rule, or regulation, or gross mismanagement, gross waste of funds, 

abuse of authority, or substantial and specific danger to public 

health and safety. 

‘‘§ 732. Treatment of whistleblower complaints 

‘‘(a) FILING.—(1) In addition to any other method established by 

law in which an employee may file a whistleblower complaint, an 

employee of the Department may file a whistleblower complaint in 

accordance with subsection (g) with a supervisor of the employee. 

‘‘(2) Except as provided by subsection (d)(1), in making a whistleblower complaint under paragraph (1), an employee shall file the 

initial complaint with the immediate supervisor of the employee. 

‘‘(b) NOTIFICATION.—(1)(A) Not later than four business days 

after the date on which a supervisor receives a whistleblower complaint by an employee under this section, the supervisor shall notify, 

in writing, the employee of whether the supervisor determines that 

there is a reasonable likelihood that the complaint discloses a violation of any law, rule, or regulation, or gross mismanagement, gross 

waste of funds, abuse of authority, or substantial and specific danger to public health and safety. 

‘‘(B) The supervisor shall retain written documentation regarding the whistleblower complaint and shall submit to the next-level 

supervisor and the central whistleblower office described in subsection (h) a written report on the complaint. 

‘‘(2)(A) On a monthly basis, the supervisor shall submit to the 

appropriate director or other official who is superior to the supervisor a written report that includes the number of whistleblower 

complaints received by the supervisor under this section during the 

month covered by the report, the disposition of such complaints, and 

any actions taken because of such complaints pursuant to subsection 

(c). 

‘‘(B) In the case in which such a director or official carries out 

this paragraph, the director or official shall submit such monthly 

report to the supervisor of the director or official and to the central 

whistleblower office described in subsection (h). 

‘‘(c) POSITIVE DETERMINATION.—If a supervisor makes a positive determination under subsection (b)(1) regarding a whistleblower complaint of an employee, the supervisor shall include in the 

notification to the employee under such subsection the specific actions that the supervisor will take to address the complaint. 

‘‘(d) FILING COMPLAINT WITH NEXT-LEVEL SUPERVISORS.—(1) If 

any circumstance described in paragraph (3) is met, an employee 

may file a whistleblower complaint in accordance with subsection 

(g) with the next-level supervisor who shall treat such complaint in 

accordance with this section. 

‘‘(2) An employee may file a whistleblower complaint with the 

Secretary if the employee has filed the whistleblower complaint to 

each level of supervisors between the employee and the Secretary in 

accordance with paragraph (1). 


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30 

‘‘(3) A circumstance described in this paragraph is any of the 

following circumstances: 

‘‘(A) A supervisor does not make a timely determination 

under subsection (b)(1) regarding a whistleblower complaint. 

‘‘(B) The employee who made a whistleblower complaint determines that the supervisor did not adequately address the 

complaint pursuant to subsection (c). 

‘‘(C) The immediate supervisor of the employee is the basis 

of the whistleblower complaint. 

‘‘(e) TRANSFER OF EMPLOYEE WHO FILES WHISTLEBLOWER COMPLAINT.—If a supervisor makes a positive determination under subsection (b)(1) regarding a whistleblower complaint filed by an employee, the Secretary shall— 

‘‘(1) inform the employee of the ability to volunteer for a 

transfer in accordance with section 3352 of title 5; and 

‘‘(2) give preference to the employee for such a transfer in 

accordance with such section. 

‘‘(f) PROHIBITION ON EXEMPTION.—The Secretary may not exempt any employee of the Department from being covered by this 

section. 

‘‘(g) WHISTLEBLOWER COMPLAINT FORM.—(1) A whistleblower 

complaint filed by an employee under subsection (a) or (d) shall consist of the form described in paragraph (2) and any supporting materials or documentation the employee determines necessary. 

‘‘(2) The form described in this paragraph is a form developed 

by the Secretary, in consultation with the Special Counsel, that includes the following: 

‘‘(A) An explanation of the purpose of the whistleblower 

complaint form. 

‘‘(B) Instructions for filing a whistleblower complaint as described in this section. 

‘‘(C) An explanation that filing a whistleblower complaint 

under this section does not preclude the employee from any 

other method established by law in which an employee may file 

a whistleblower complaint. 

‘‘(D) A statement directing the employee to information accessible on the Internet website of the Department as described 

in section 735(d). 

‘‘(E) Fields for the employee to provide— 

‘‘(i) the date that the form is submitted; 

‘‘(ii) the name of the employee; 

‘‘(iii) the contact information of the employee; 

‘‘(iv) a summary of the whistleblower complaint (including the option to append supporting documents pursuant to paragraph (1)); and 

‘‘(v) proposed solutions to the complaint. 

‘‘(F) Any other information or fields that the Secretary determines appropriate. 

‘‘(3) The Secretary, in consultation with the Special Counsel, 

shall develop the form described in paragraph (2) by not later than 

60 days after the date of the enactment of this section. 

‘‘(h) CENTRAL WHISTLEBLOWER OFFICE.—(1) The Secretary shall 

ensure that the central whistleblower office— 

‘‘(A) is not an element of the Office of the General Counsel; 


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31 

‘‘(B) is not headed by an official who reports to the General 

Counsel; 

‘‘(C) does not provide, or receive from, the General Counsel 

any information regarding a whistleblower complaint except 

pursuant to an action regarding the complaint before an administrative body or court; and 

‘‘(D) does not provide advice to the General Counsel. 

‘‘(2) The central whistleblower office shall be responsible for investigating all whistleblower complaints of the Department, regardless of whether such complaints are made by or against an employee 

who is not a member of the Senior Executive Service. 

‘‘(3) The Secretary shall ensure that the central whistleblower 

office maintains a toll-free hotline to anonymously receive whistleblower complaints. 

‘‘(4) The Secretary shall ensure that the central whistleblower 

office has such staff and resources as the Secretary considers necessary to carry out the functions of the central whistleblower office. 

‘‘(5) In this subsection, the term ‘central whistleblower office’ 

means the Office of Accountability Review or a successor office that 

is established or designated by the Secretary to investigate whistleblower complaints filed under this section or any other method established by law. 

‘‘§ 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). 


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32 

‘‘(b) LIMITATION ON OTHER ADVERSE ACTIONS.—With respect to 

a prohibited personnel action described in subsection (c), if the Secretary carries out an adverse action against a supervisory employee, 

the Secretary may carry out an additional adverse action under this 

section based on the same prohibited personnel action if the total severity of the adverse actions do not exceed the level specified in subsection (a). 

‘‘(c) PROHIBITED PERSONNEL ACTION DESCRIBED.—A prohibited 

personnel action described in this subsection is any of the following 

actions: 

‘‘(1) Taking or failing to take a personnel action in violation 

of section 2302 of title 5 against an employee relating to the employee— 

‘‘(A) filing a whistleblower complaint in accordance 

with section 732 of this title; 

‘‘(B) filing a whistleblower complaint with the Inspector General of the Department, the Special Counsel, or Congress; 

‘‘(C) providing information or participating as a witness in an investigation of a whistleblower complaint in accordance with section 732 or with the Inspector General of 

the Department, the Special Counsel, or Congress; 

‘‘(D) participating in an audit or investigation by the 

Comptroller General of the United States; 

‘‘(E) refusing to perform an action that is unlawful or 

prohibited by the Department; or 

‘‘(F) engaging in communications that are related to 

the duties of the position or are otherwise protected. 

‘‘(2) Preventing or restricting an employee from making an 

action described in any of subparagraphs (A) through (F) of 

paragraph (1). 

‘‘(3) Conducting a negative peer review or opening a retaliatory investigation because of an activity of an employee that is 

protected by section 2302 of title 5. 

‘‘(4) Requesting a contractor to carry out an action that is 

prohibited by section 4705(b) or section 4712(a)(1) of title 41, as 

the case may be. 

‘‘§ 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. 


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33 

‘‘(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. 

‘‘§ 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. 


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‘‘(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 

‘‘(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.— 


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35 

(A) CONFORMING AMENDMENT.—Such chapter is further 

amended by inserting before section 701 the following: 

‘‘SUBCHAPTER I—GENERAL EMPLOYEE MATTERS’’. 

(B) CLERICAL AMENDMENTS.—The table of sections at the 

beginning of such chapter is amended— 

(i) by inserting before the item relating to section 701 

the following new item: 

‘‘SUBCHAPTER I—GENERAL EMPLOYEE MATTERS’’; 

and 

(ii) by adding at the end the following new items: 

‘‘SUBCHAPTER II—WHISTLEBLOWER COMPLAINTS

‘‘731. Whistleblower complaint defined. 

‘‘732. Treatment of whistleblower complaints. 

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

‘‘734. Evaluation criteria of supervisors and treatment of bonuses. 

‘‘735. Training regarding whistleblower complaints. 

‘‘736. Reports to Congress.’’. 

(b) TREATMENT OF CONGRESSIONAL TESTIMONY BY DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES AS OFFICIAL DUTY.— 

(1) IN GENERAL.—Subchapter I of chapter 7 of title 38, 

United States Code, as designated by section 2(a)(2)(A), is 

amended by adding at the end the following new section: 

‘‘§ 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 


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36 

such recognition on the basis of applicable Social Security Administration records submitted for or by the individual, together with validated testimony given by the individual or the 

primary next of kin of the individual that the individual performed such service during the period beginning on December 

7, 1941, and ending on December 31, 1946. 

(2) In the case of an individual who served on a coastwise 

merchant vessel seeking such recognition for whom the applicable Coast Guard shipping or discharge form, ship logbook, merchant mariner’s document or Z-card, or other official employment record has been destroyed or otherwise become unavailable by reason of any action committed by a person responsible 

for the control and maintenance of such form, logbook, or 

record, the Secretary of Defense shall accept other official documentation demonstrating that the individual performed such 

service during period beginning on December 7, 1941, and ending on December 31, 1946. 

(3) For the purpose of determining whether to recognize 

service allegedly performed during the period beginning on December 7, 1941, and ending on December 31, 1946, the Secretary shall recognize masters of seagoing vessels or other officers in command of similarly organized groups as agents of the 

United States who were authorized to document any individual 

for purposes of hiring the individual to perform service in the 

merchant marine or discharging an individual from such service. 

(b) TREATMENT OF OTHER DOCUMENTATION.—Other documentation accepted by the Secretary of Defense pursuant to subsection (a)(2) shall satisfy all requirements for eligibility of service 

during the period beginning on December 7, 1941, and ending on 

December 31, 1946. 

(c) BENEFITS ALLOWED.— 

(1) MEDALS, RIBBONS, AND DECORATIONS.—An individual 

whose service is recognized as active duty pursuant to subsection (a) may be awarded an appropriate medal, ribbon, or 

other military decoration based on such service. 

(2) STATUS OF VETERAN.—An individual whose service is 

recognized as active duty pursuant to subsection (a) shall be 

honored as a veteran but shall not be entitled by reason of such 

recognized service to any benefit that is not described in this 

subsection. 

SEC. 249. Section 322(d)(1) of title 38, United States Code, is 

amended— 

(1) by striking ‘‘allowance to a veteran’’ and inserting the 

following: ‘‘allowance to— 

‘‘(A) a veteran’’; 

(2) in subparagraph (A), as designated by paragraph (1), by 

striking the period at the end and inserting ‘‘; and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(B) a veteran with a VA service-connected disability rated 

as 30 percent or greater by the Department of Veterans Affairs 

who is selected by the United States Olympic Committee for the 

United States Olympic Team for any month in which the veteran is competing in any event sanctioned by the National Governing Bodies of the United States Olympic Sports.’’. 


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SEC. 250. (a) IN GENERAL.—Section 111(b)(1) of title 38, United 

States Code, is amended by adding at the end the following new 

subparagraph: 

‘‘(G) A veteran with vision impairment, a veteran with a 

spinal cord injury or disorder, or a veteran with double or multiple amputations whose travel is in connection with care provided through a special disabilities rehabilitation program of 

the Department (including programs provided by spinal cord 

injury centers, blind rehabilitation centers, and prosthetics rehabilitation centers) if such care is provided— 

‘‘(i) on an in-patient basis; or 

‘‘(ii) during a period in which the Secretary provides 

the veteran with temporary lodging at a facility of the Department to make such care more accessible to the veteran.’’. 

(b) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit 

to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report 

on the beneficiary travel program under section 111 of title 38, 

United States Code, as amended by subsection (a), that includes the 

following: 

(1) The cost of the program. 

(2) The number of veterans served by the program. 

(3) Such other matters as the Secretary considers appropriate. 

(c) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on the first day of the first fiscal year that begins 

after the date of the enactment of this Act. 

SEC. 251. (a) IN GENERAL.—Not later than 90 days after the 

date of the enactment of this Act, the Secretary of Veterans Affairs 

shall establish a program to conduct inspections of kitchens and 

food service areas at each medical facility of the Department of Veterans Affairs. Such inspections shall occur not less frequently than 

annually. The program’s goal is to ensure that the same standards 

for kitchens and food service areas at hospitals in the private sector 

are being met at kitchens and food service areas at medical facilities 

of the Department. 

(b) AGREEMENT.— (1) IN GENERAL.—The Secretary shall seek to enter into an 

agreement with the Joint Commission on Accreditation of Hospital Organizations under which the Joint Commission on Accreditation of Hospital Organizations conducts the inspections 

required under subsection (a). 

(2) ALTERNATE ORGANIZATION.—If the Secretary is unable 

to enter into an agreement described in paragraph (1) with the 

Joint Commission on Accreditation of Hospital Organizations 

on terms acceptable to the Secretary, the Secretary shall seek to 

enter into such an agreement with another appropriate organization that— 

(A) is not part of the Federal Government; 

(B) operates as a not-for-profit entity; and 

(C) has expertise and objectivity comparable to that of 

the Joint Commission on Accreditation of Hospital Organizations. 


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(c) REMEDIATION PLAN.— (1) INITIAL FAILURE.—If a kitchen or food service area of a 

medical facility of the Department is determined pursuant to an 

inspection conducted under subsection (a) not to meet the standards for kitchens and food service areas in hospitals in the private sector, that medical facility fails the inspection and the 

Secretary shall— 

(A) implement a remediation plan for that medical facility within 72 hours; and 

(B) Conduct a second inspection under subsection (a) at 

that medical facility within 14 days of the failed inspection. 

(2) SECOND FAILURE.—If a medical facility of the Department fails the second inspection conducted under paragraph 

(1)(B), the Secretary shall close the kitchen or food service area 

at that medical facility that did not meet the standards for 

kitchens and food service areas in hospitals in the private sector 

until full remediation is completed and all kitchens and food 

service areas at that medical facility meet such standards. 

(3) PROVISION OF FOOD.—If a kitchen or food service area 

is closed at a medical facility of the Department pursuant to 

paragraph (2), the Director of the Veterans Integrated Service 

Network in which the medical facility is located shall enter into 

a contract with a vendor approved by the General Services Administration to provide food at the medical facility. 

(d) QUARTERLY REPORTS.—Not less frequently than quarterly, 

the Under Secretary of Health shall submit to Congress a report on 

inspections conducted under this section, and their detailed findings 

and actions taken, during the preceding quarter at medical facilities 

of the Department. 

SEC. 252. (a) IN GENERAL.—Not later than 90 days after the 

date of the enactment of this Act, the Secretary of Veterans Affairs 

shall establish a program to conduct risk-based inspections for mold 

and mold issues at each medical facility of the Department of Veterans Affairs. Such facilities will be rated high, medium, or low risk 

for mold. Such inspections at facilities rated high risk shall occur 

not less frequently than annually, and such inspections at facilities 

rated medium or low risk shall occur not less frequently than biennially. 

(b) AGREEMENT.— (1) IN GENERAL.—The Secretary shall seek to enter into an 

agreement with the Joint Commission on Accreditation of Hospital Organizations under which the Joint Commission on Accreditation of Hospital Organizations conducts the inspections 

required under subsection (a). 

(2) ALTERNATE ORGANIZATION.—If the Secretary is unable 

to enter into an agreement described in paragraph (1) with the 

Joint Commission on Accreditation of Hospital Organizations 

on terms acceptable to the Secretary, the Secretary shall seek to 

enter into such an agreement with another appropriate organization that— 

(A) is not part of the Federal Government; 

(B) operates as a not-for-profit entity; and 

(C) has expertise and objectivity comparable to that of 

the Joint Commission on Accreditation of Hospital Organizations. 


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(c) REMEDIATION PLAN.—If a medical facility of the Department 

is determined pursuant to an inspection conducted under subsection 

(a) to have a mold issue, the Secretary shall— 

(1) implement a remediation plan for that medical facility 

within 7 days; and 

(2) Conduct a second inspection under subsection (a) at 

that medical facility within 90 days of the initial inspection. 

(d) QUARTERLY REPORTS.—Not less frequently than quarterly, 

the Under Secretary for Health shall submit to Congress a report 

on inspections conducted under this section, and their detailed findings and actions taken, during the preceding quarter at medical facilities of the Department. 

SEC. 253. Section 1706(b)(5)(A) of title 38, United States Code, 

is amended, in the first sentence, by striking ‘‘through 2008’’. 

SEC. 254. (a) The Secretary of Veterans Affairs may use 

amounts appropriated or otherwise made available in this title to 

ensure that the ratio of veterans to full-time employment equivalents 

within any program of rehabilitation conducted under chapter 31 of 

title 38, United States Code, does not exceed 125 veterans to one 

full-time employment equivalent. 

(b) Not later than 180 days after the date of the enactment of 

this Act, the Secretary shall submit to Congress a report on the programs of rehabilitation conducted under chapter 31 of title 38, 

United States Code, including— 

(1) an assessment of the veteran-to-staff ratio for each such 

program; and 

(2) recommendations for such action as the Secretary considers necessary to reduce the veteran-to-staff ratio for each 

such program. 

SEC. 255. (a) None of the funds made available in this Act may 

be used to deny an Inspector General funded under this Act timely 

access to any records, documents, or other materials available to the 

department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.), 

or to prevent or impede that Inspector General’s access to such 

records, documents, or other materials, under any provision of law, 

except a provision of law that expressly refers to the Inspector General and expressly limits the Inspector General’s right of access. 

(b) A department or agency covered by this section shall provide 

its Inspector General with access to all such records, documents, 

and other materials in a timely manner. 

(c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided 

by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.). 

(d) Each Inspector General covered by this section shall report 

to the Committees on Appropriations of the House of Representatives 

and the Senate within 5 calendar days any failures to comply with 

this requirement. 

SEC. 256. None of the funds appropriated or otherwise made 

available in this title may be used by the Secretary of Veterans Affairs to enter into an agreement related to resolving a dispute or 

claim with an individual that would restrict in any way the individual from speaking to members of Congress or their staff on any 

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quired by Executive Order to be kept secret in the interest of national defense or the conduct of foreign affairs. 

SEC. 257. Appropriations made available in this Act under the 

heading ‘‘Medical Services’’ shall be available to carry out sections 

322(d) and 521A of title 38, United States Code, to include the payment of the administrative expenses necessary to carry out such sections. Of the amount appropriated for fiscal year 2017, up to 

$2,000,000 shall be available for the payment of monthly assistance 

allowances to veterans pursuant to 38 U.S.C. 322(d) and up to 

$8,000,000 shall be available for the payment of grants pursuant to 

38 U.S.C. 521A. Of the amounts appropriated in advance for fiscal 

year 2018, up to $2,000,000 shall be available for the payment of 

monthly assistance allowances to veterans pursuant to 38 U.S.C. 

322(d) and up to $8,000,000 shall be available for the payment of 

grants pursuant to 38 U.S.C. 521A. 

SEC. 258. (a) In fiscal year 2017 and each fiscal year hereafter, 

beginning with the fiscal year 2018 budget request submitted to 

Congress pursuant to section 1105(a) of title 31, United States Code, 

the budget justification documents submitted for the ‘‘Construction, 

Major Projects’’ account of the Department of Veterans Affairs shall 

include, at a minimum, the information required under subsection 

(b). 

(b) The budget justification documents submitted pursuant to 

subsection (a) shall include, for each project— 

(1) the estimated total cost of the project; 

(2) the funding provided for each fiscal year prior to the 

budget year; 

(3) the amount requested for the budget year; 

(4) the estimated funding required for the project for each 

of the 4 fiscal years succeeding the budget year; and 

(5) such additional information as is enumerated under the 

heading relating to the ‘‘Construction, Major Projects’’ account 

of the Department of Veterans Affairs in the joint explanatory 

statement accompanying this Act. 

(c) Not later than 45 days after the date of enactment of this 

Act, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a proposed budget justification template that complies with the requirements of this 

section. 

SEC. 259. (a) The Secretary of Veterans Affairs may carry out 

the following major medical facility projects, with each project to be 

carried out in an amount not to exceed the amount specified for that 

project: 

(1) Seismic corrections to buildings, including retrofitting 

and replacement of high-risk buildings, in San Francisco, California, in an amount not to exceed $180,480,000. 

(2) Seismic corrections to facilities, including facilities to 

support homeless veterans, at the medical center in West Los 

Angeles, California, in an amount not to exceed $105,500,000. 

(3) Seismic corrections to the mental health and community 

living center in Long Beach, California, in an amount not to exceed $287,100,000. 

(4) Construction of an outpatient clinic, administrative 

space, cemetery, and columbarium in Alameda, California, in 

an amount not to exceed $87,332,000. 


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(5) Realignment of medical facilities in Livermore, Cali- fornia, in an amount not to exceed $194,430,000. 

(6) Construction of a medical center in Louisville, Ken- tucky, in an amount not to exceed $150,000,000. 

(7) Construction of a replacement community living center 

in Perry Point, Maryland, in an amount not to exceed 

$92,700,000. 

(8) Seismic corrections and other renovations to several 

buildings and construction of a specialty care building in American Lake, Washington, in an amount not to exceed 

$16,260,000. 

(b) There is authorized to be appropriated to the Secretary of 

Veterans Affairs for fiscal year 2016 or the year in which funds are 

appropriated for the Construction, Major Projects, account, 

$1,113,802,000 for the projects authorized in subsection (a). 

(c) The projects authorized in subsection (a) may only be carried 

out using— 

(1) funds appropriated for fiscal year 2016 pursuant to the 

authorization of appropriations in subsection (b); 

(2) funds available for Construction, Major Projects, for a 

fiscal year before fiscal year 2016 that remain available for obligation; 

(3) funds available for Construction, Major Projects, for a 

fiscal year after fiscal year 2016 that remain available for obligation; 

(4) funds appropriated for Construction, Major Projects, for 

fiscal year 2016 for a category of activity not specific to a 

project; 

(5) funds appropriated for Construction, Major Projects, for 

a fiscal year before fiscal year 2016 for a category of activity not 

specific to a project; and 

(6) funds appropriated for Construction, Major Projects, for 

a fiscal year after fiscal year 2016 for a category of activity not 

specific to a project. 

SEC. 260. (a) Notwithstanding any other provision of law, the 

amounts appropriated or otherwise made available to the Department of Veterans Affairs for the ‘‘Medical Services’’ account may be 

used to provide— 

(1) fertility counseling and treatment using assisted reproductive technology to a covered veteran or the spouse of a covered veteran; or 

(2) adoption reimbursement to a covered veteran. 

(b) In this section: 

(1) The term ‘‘service-connected’’ has the meaning given 

such term in section 101 of title 38, United States Code. 

(2) The term ‘‘covered veteran’’ means a veteran, as such 

term is defined in section 101 of title 38, United States Code, 

who has a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment. 

(3) The term ‘‘assisted reproductive technology’’ means benefits relating to reproductive assistance provided to a member of 

the Armed Forces who incurs a serious injury or illness on active duty pursuant to section 1074(c)(4)(A) of title 10, United 

States Code, as described in the memorandum on the subject of 


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‘‘Policy for Assisted Reproductive Services for the Benefit of Seriously or Severely Ill/Injured (Category II or III) Active Duty 

Service Members’’ issued by the Assistant Secretary of Defense 

for Health Affairs on April 3, 2012, and the guidance issued to 

implement such policy, including any limitations on the amount 

of such benefits available to such a member. 

(4) The term ‘‘adoption reimbursement’’ means reimbursement for the adoption-related expenses for an adoption that is 

finalized after the date of the enactment of this Act under the 

same terms as apply under the adoption reimbursement program of the Department of Defense, as authorized in Department of Defense Instruction 1341.09, including the reimbursement limits and requirements set forth in such instruction. 

(c) Amounts made available for the purposes specified in subsection (a) of this section are subject to the requirements for funds 

contained in section 508 of division H of the Consolidated Appropriations Act, 2016 (Public Law 114–113). 

TITLE III 

RELATED AGENCIES 

AMERICAN BATTLE MONUMENTS COMMISSION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of 

land or interest in land in foreign countries; purchases and repair 

of uniforms for caretakers of national cemeteries and monuments 

outside of the United States and its territories and possessions; rent 

of office and garage space in foreign countries; purchase (one-for-one 

replacement basis only) and hire of passenger motor vehicles; not to 

exceed $7,500 for official reception and representation expenses; and 

insurance of official motor vehicles in foreign countries, when required by law of such countries, $75,100,000, to remain available 

until expended. 

FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, such sums as may be necessary, to remain available until expended, for purposes authorized 

by section 2109 of title 36, United States Code. 

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SALARIES AND EXPENSES

For necessary expenses for the operation of the United States 

Court of Appeals for Veterans Claims as authorized by sections 

7251 through 7298 of title 38, United States Code, $30,945,000: Provided, That $2,500,000 shall be available for the purpose of providing financial assistance as described, and in accordance with the 

process and reporting procedures set forth, under this heading in 

Public Law 102–229. 


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DEPARTMENT OF DEFENSE—CIVIL

CEMETERIAL EXPENSES, ARMY

SALARIES AND EXPENSES

For necessary expenses for maintenance, operation, and improvement of Arlington National Cemetery and Soldiers’ and Airmen’s Home National Cemetery, including the purchase or lease of 

passenger motor vehicles for replacement on a one-for-one basis 

only, and not to exceed $1,000 for official reception and representation expenses, $70,800,000, of which not to exceed $15,000,000 shall 

remain available until September 30, 2019. In addition, such sums 

as may be necessary for parking maintenance, repairs and replacement, to be derived from the ‘‘Lease of Department of Defense Real 

Property for Defense Agencies’’ account. 

ARMED FORCES RETIREMENT HOME

TRUST FUND

For expenses necessary for the Armed Forces Retirement Home 

to operate and maintain the Armed Forces Retirement Home— 

Washington, District of Columbia, and the Armed Forces Retirement Home—Gulfport, Mississippi, to be paid from funds available 

in the Armed Forces Retirement Home Trust Fund, $64,300,000, of 

which $1,000,000 shall remain available until expended for construction and renovation of the physical plants at the Armed Forces 

Retirement Home—Washington, District of Columbia, and the 

Armed Forces Retirement Home—Gulfport, Mississippi: Provided, 

That of the amounts made available under this heading from funds 

available in the Armed Forces Retirement Home Trust Fund, 

$22,000,000 shall be paid from the general fund of the Treasury to 

the Trust Fund. 

ADMINISTRATIVE PROVISIONS

SEC. 301. Funds appropriated in this Act under the heading 

‘‘Department of Defense—Civil, Cemeterial Expenses, Army’’, may be 

provided to Arlington County, Virginia, for the relocation of the federally owned water main at Arlington National Cemetery, making 

additional land available for ground burials. 

SEC. 302. Amounts deposited into the special account established under 10 U.S.C. 4727 are appropriated and shall be available until expended to support activities at the Army National Military Cemeteries. 

TITLE IV 

OVERSEAS CONTINGENCY OPERATIONS 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY

For an additional amount for ‘‘Military Construction, Army’’, 

$18,900,000, to remain available until September 30, 2021, for 

projects outside of the United States: Provided, That such amount 


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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. 

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 

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ties and funding, to expand their use of ‘‘E-Commerce’’ technologies 

and procedures in the conduct of their business practices and public 

service activities. 

SEC. 504. Unless stated otherwise, all reports and notifications 

required by this Act shall be submitted to the Subcommittee on 

Military Construction and Veterans Affairs, and Related Agencies of 

the Committee on Appropriations of the House of Representatives 

and the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of 

the Senate. 

SEC. 505. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government except pursuant to a transfer made by, 

or transfer authority provided in, this or any other appropriations 

Act. 

SEC. 506. None of the funds made available in this Act may be 

used for a project or program named for an individual serving as 

a Member, Delegate, or Resident Commissioner of the United States 

House of Representatives. 

SEC. 507. (a) Any agency receiving funds made available in this 

Act, shall, subject to subsections (b) and (c), post on the public Web 

site of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head 

of the agency that it shall serve the national interest. 

(b) Subsection (a) shall not apply to a report if— 

(1) the public posting of the report compromises national 

security; or 

(2) the report contains confidential or proprietary information. 

(c) The head of the agency posting such report shall do so only 

after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. 

SEC. 508. (a) None of the funds made available in this Act may 

be used to maintain or establish a computer network unless such 

network blocks the viewing, downloading, and exchanging of pornography. 

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 

SEC. 509. None of the funds made available in this Act may be 

used by an agency of the executive branch to pay for first-class travel by an employee of the agency in contravention of sections 301– 

10.122 through 301–10.124 of title 41, Code of Federal Regulations. 

SEC. 510. None of the funds made available in this Act may be 

used to execute a contract for goods or services, including construction services, where the contractor has not complied with Executive 

Order No. 12989. 

SEC. 511. None of the funds made available by this Act may be 

used by the Department of Defense or the Department of Veterans 

Affairs to lease or purchase new light duty vehicles for any executive 

fleet, or for an agency’s fleet inventory, except in accordance with 

Presidential Memorandum—Federal Fleet Performance, dated May 

24, 2011. 


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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’’, $476,000,000, to remain available 

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

Zika virus, health conditions related to such virus, and other vectorborne diseases, domestically and internationally: Provided, That 

products purchased with these funds may, at the discretion of the 

Secretary of Health and Human Services, be deposited in the Strategic National Stockpile under section 319F–2 of the Public Health 

Service (‘‘PHS’’) Act: Provided further, That funds may be used for 

purchase and insurance of official motor vehicles in foreign countries: Provided further, That the provisions in section 317S of the 

PHS Act shall apply to the use of funds appropriated in this paragraph as determined by the Director of the Centers for Disease Control and Prevention to be appropriate: Provided further, That funds 

appropriated in this paragraph may be used for grants for the construction, alteration, or renovation of non-federally owned facilities 

to improve preparedness and response capability at State and local 

laboratories: Provided further, That of the amount appropriated in 

this paragraph, $88,000,000 may be used to reimburse accounts administered by the Centers for Disease Control and Prevention for obligations incurred for Zika virus response prior to the enactment of 

this Act: Provided further, That such amount is designated by the 

Congress as an emergency requirement pursuant to section 


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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 In- stitute of Allergy and Infectious Diseases’’, $230,000,000, to remain 

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

natural history, and pathogenesis of the Zika virus infection and 

preclinical and clinical development of vaccines and other medical 

countermeasures for the Zika virus and other vector-borne diseases, 

domestically and internationally: Provided, That such funds may be 

transferred by the Director of the National Institutes of Health 

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

this paragraph: Provided further, That such amount is designated 

by the Congress as an emergency requirement pursuant to section 

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

OFFICE OF THE SECRETARY

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for fiscal year 2016 for ‘‘Public Health and Social Services Emergency Fund’’, $227,000,000, to remain available until September 30, 2017, to prevent, prepare for, 

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

and other vector-borne diseases, domestically and internationally; to 

develop necessary countermeasures and vaccines, including the development and purchase of vaccines, therapeutics, diagnostics, necessary medical supplies, and administrative activities; for additional payments for distribution as provided for under the ‘‘Social 

Services Block Grant Program’’; and for carrying out sections 330 

through 336 and 338 of the PHS Act: Provided, That funds appropriated in this paragraph may be used to procure security countermeasures (as defined in section 319F–2(c)(1)(B) of the PHS Act): 

Provided further, That paragraphs (1) and (7)(C) of subsection (c) 

of section 319F–2 of the PHS Act, but no other provisions of such 

section, shall apply to such security countermeasures procured with 

funds appropriated in this paragraph: Provided further, That products purchased with funds appropriated in this paragraph may, at 

the discretion of the Secretary of Health and Human Services, be deposited in the Strategic National Stockpile under section 319F–2 of 

the PHS Act: Provided further, That funds appropriated in this 

paragraph may be transferred to the fund authorized by section 

319F–4 of the PHS Act: Provided further, That of the funds appropriated under this heading, $95,000,000 shall be transferred to the 

‘‘Social Services Block Grant’’ for health services provided by public 

health departments, hospitals, or reimbursed through public health 

plans, notwithstanding section 2005(a)(4) of the Social Security Act, 

in States, territories, or tribal lands with active or local transVerDate Sep 11 2014 02:26 Jun 24, 2016 Jkt 020491 PO 00000 Frm 00047 Fmt 6659 Sfmt 6603 E:\HR\OC\HR640.XXX HR640

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mission cases of the Zika virus, as confirmed by the Centers for Disease Control and Prevention, of which not less than $80,000,000 

shall be for territories with the highest rates of Zika transmission: 

Provided further, That the Secretary of Health and Human Services 

shall distribute funds transferred to the ‘‘Social Services Block 

Grant’’ in this paragraph in accordance with objective criteria that 

are made available to the public: Provided further, That of the 

funds appropriated under this heading, $40,000,000 shall be used 

to expand the delivery of primary health services authorized by section 330 of the PHS Act in Puerto Rico and other territories: Provided further, That of the funds appropriated under this heading, 

$6,000,000 shall, for purposes of providing primary health services 

in areas affected by Zika virus or other vector-borne diseases, be 

used to assign National Health Service Corps (NHSC) members to 

Puerto Rico and other territories, notwithstanding the assignment 

priorities and limitations in or under sections 333(a)(1)(D), 333(b), 

or 333A(a) of the PHS Act, and to make NHSC Loan Repayment 

Program awards under section 338B of such Act: Provided further, 

That for purposes of the previous proviso, section 331(a)(3)(D) of the 

PHS Act shall be applied as if the term ‘‘primary health services’’ 

included health services regarding pediatric subspecialists: Provided 

further, That such amount is designated by the Congress as an 

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

Balanced Budget and Emergency Deficit Control Act of 1985. 

GENERAL PROVISIONS—THIS TITLE 

(INCLUDING TRANSFER OF FUNDS)

DIRECT HIRES

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

heads of the Department of Health and Human Services, Department of State, and the United States Agency for International Development to appoint, without regard to the provisions of sections 

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

needed for positions to perform critical work relating to Zika response for which— 

(1) public notice has been given; and 

(2) the Secretary of Health and Human Services has determined that such a public health threat exists. 

TRANSFER AUTHORITIES

SEC. 102. Funds appropriated by this title may be transferred 

to, and merged with, other appropriation accounts under the headings ‘‘Centers for Disease Control and Prevention’’, ‘‘Public Health 

and Social Services Emergency Fund’’, and ‘‘National Institutes of 

Health’’ for the purposes specified in this title following consultation 

with the Office of Management and Budget: Provided, That the 

Committees on Appropriations shall be notified 10 days in advance 

of any such transfer: Provided further, That, upon a determination 

that all or part of the funds transferred from an appropriation are 

not necessary, such amounts may be transferred back to that appropriation: Provided further, That none of the funds made available 

by this title may be transferred pursuant to the authority in section 


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205 of division H of Public Law 114–113 or section 241(a) of the 

PHS Act. 

REPORTING REQUIREMENTS

SEC. 103. Not later than 30 days after enactment of this Act, 

the Secretary of Health and Human Services shall provide a detailed spend plan of anticipated uses of funds made available in 

this title, including estimated personnel and administrative costs, to 

the Committees on Appropriations: Provided, That such plans shall 

be updated and submitted to the Committees on Appropriations 

every 60 days until September 30, 2017. 

OVERSIGHT

SEC. 104. Of the funds appropriated by this title under the 

heading ‘‘Public Health and Social Services Emergency Fund’’, up 

to— 

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

funds made available under the heading ‘‘Office of the Secretary, Office of Inspector General’’, and shall remain available 

until expended, for oversight of activities supported with funds 

appropriated by this title: Provided, That the Secretary of 

Health and Human Services shall consult with the Committees 

on Appropriations prior to obligating such funds: Provided further, That the transfer authority provided by this paragraph is 

in addition to any other transfer authority provided by law; 

and 

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

General of the United States, and shall remain available until 

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

shall consult with the Committees on Appropriations prior to 

obligating such funds. 

TITLE II 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

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

and Consular Programs’’, $14,594,000, to remain available until 

September 30, 2017, for necessary expenses to support response efforts related to the Zika virus, health conditions related to such 

virus, and other vector-borne diseases: Provided, That such funds 

may be made available for medical evacuation costs of any other department or agency of the United States under Chief of Mission authority, and may be transferred to any other appropriation of such 

department or agency for such costs: Provided further, That such 

amount is designated by the Congress as an emergency requirement 

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

Emergency Deficit Control Act of 1985. 


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EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

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

in the Diplomatic and Consular Service’’, $4,000,000, for necessary 

expenses to support response efforts related to the Zika virus, health 

conditions related to such virus, and other vector-borne diseases, to 

remain available until September 30, 2017: Provided, That such 

amount is designated by the Congress as an emergency requirement 

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

Emergency Deficit Control Act of 1985. 

REPATRIATION LOANS PROGRAM ACCOUNT

For an additional amount for fiscal year 2016 for ‘‘Repatriation Loans Program Account’’ for the cost of direct loans, $1,000,000, to 

support response efforts related to the Zika virus, health conditions 

related to such virus, and other vector-borne diseases, to remain 

available until September 30, 2017: Provided, That such costs, including costs of modifying such loans, shall be as defined in section 

502 of the Congressional Budget Act of 1974: Provided further, That 

such funds are available to subsidize an additional amount of gross 

obligations for the principal amount of direct loans not to exceed 

$1,880,406: Provided further, That such amount is designated by 

the Congress as an emergency requirement pursuant to section 

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

UNITED STATES AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

FUNDS APPROPRIATED TO THE PRESIDENT

OPERATING EXPENSES

For an additional amount for fiscal year 2016 for ‘‘Operating Expenses’’, $10,000,000, to remain available until September 30, 

2017, for necessary expenses to support response efforts related to 

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

vector-borne diseases: Provided, That such amount is designated by 

the Congress as an emergency requirement pursuant to section 

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

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

GLOBAL HEALTH PROGRAMS

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

Health Programs’’, $145,500,000, to remain available until September 30, 2017, for necessary expenses to prevent, prepare for, and 

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

and other vector-borne diseases: Provided, That funds appropriated 

under this heading shall be made available for vector control activities, vaccines, diagnostics, and vector control technologies: Provided 

further, That funds appropriated under this heading may be made 

available as contributions to the World Health Organization, the 


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United Nations Children’s Fund, the Pan American Health Organization, the International Atomic Energy Agency, and the Food and 

Agriculture Organization: Provided further, That funds made available under this heading shall be subject to prior consultation with 

the Committees on Appropriations: Provided further, That none of 

the funds appropriated under this heading may be made available 

for the Grand Challenges for Development program: Provided further, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

GENERAL PROVISIONS—THIS TITLE 

TRANSFER AUTHORITIES

(INCLUDING TRANSFER OF FUNDS)

SEC. 201. (a) Funds appropriated by this title under the headings ‘‘Diplomatic and Consular Programs’’, ‘‘Emergencies in the 

Diplomatic and Consular Service’’, ‘‘Repatriation Loans Program 

Account’’, and ‘‘Operating Expenses’’ may be transferred to, and 

merged with, funds appropriated by this title under such headings 

to carry out the purposes of this title. 

(b) The transfer authorities provided by this section are in addition to any other transfer authority provided by law. 

(c) Upon a determination that all or part of the funds transferred pursuant to the authorities provided by this section are not 

necessary for such purposes, such amounts may be transferred back 

to such appropriations. 

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

at least 5 days prior to making such transfer the Secretary of State 

or the Administrator of the United States Agency for International 

Development, as appropriate, notifies the Committees on Appropriations in writing of the details of any such transfer. 

NOTIFICATION REQUIREMENT

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

the United States Agency for International Development, as appropriate, notifies the Committees on Appropriations in writing at least 

15 days in advance of such obligation. 

CONSOLIDATED REPORTING REQUIREMENT

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

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

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

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

uses of such funds on a country and project basis, including estimated personnel and administrative costs: Provided, That such report shall be updated and submitted to the Committees on Appropriations every 60 days until September 30, 2017. 

OVERSIGHT

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


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

funds available under the heading ‘‘United States Agency for 

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

until expended, for oversight of activities supported with funds 

appropriated by this title: Provided, That the transfer authority 

provided by this paragraph is in addition to any other transfer 

authority provided by law; and 

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

General of the United States, and shall remain available until 

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

and the Comptroller General, as appropriate, shall consult with 

the Committees on Appropriations prior to obligating such 

funds. 

RESCISSION

SEC. 205. Of the unobligated balances available under the 

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

Foreign Operations, and Related Programs Appropriations Act, 

2015 (division J of Public Law 113–235), $10,000,000 are rescinded: 

Provided, That such amounts are designated by the Congress as an 

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

Balanced Budget and Emergency Deficit Control Act of 1985. 

TITLE III 

GENERAL PROVISIONS—THIS DIVISION 

EXTENSION OF AUTHORITIES AND PROVISIONS

SEC. 301. Unless otherwise provided for by this division, the additional amounts appropriated pursuant to this division are subject 

to the requirements for funds contained in the Consolidated Appropriations Act, 2016 (Public Law 114–113). 

PERSONAL SERVICE CONTRACTORS

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

to enter into contracts with individuals for the provision of personal 

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

Federal Regulations (48 CFR 37.104)) to support the purposes of titles I and II of this division, within the United States and abroad, 

subject to prior consultation with, and the notification procedures 

of, the Committees on Appropriations: Provided, That such individuals may not be deemed employees of the United States for the purpose of any law administered by the Office of Personnel Management: Provided further, That the authority made available pursuant 

to this section shall expire on September 30, 2017. 

DESIGNATION RETENTION

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

by the Congress as an emergency requirement pursuant to section 

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


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and transferred pursuant to transfer authorities provided by this division shall retain such designation. 

EFFECTIVE DATE

SEC. 304. This division shall become effective immediately upon 

enactment of this Act. 

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

DIVISION C—ZIKA VECTOR CONTROL 

SECTION 1. SHORT TITLE. 

This division may be cited as the ‘‘Zika Vector Control Act’’. 

SEC. 2. MOSQUITO CONTROL WAIVER. 

Notwithstanding section 402 of the Federal Water Pollution 

Control Act (33 U.S.C. 1342), during the 180 day period following 

the date of enactment of this Act the Administrator of the United 

States Environmental Protection Agency (or a State, in the case of 

a permit program approved under subsection (b)) shall not require 

a permit for a discharge from the application by an entity authorized under State or local law, such as a vector control district, of 

a pesticide in compliance with all relevant requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 

seq.) to control mosquitos or mosquito larvae for the prevention or 

control of the Zika virus. 

DIVISION D—RESCISSIONS OF FUNDS 

SEC. 101. (a) Of the unobligated amounts made available under 

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

(42 U.S.C. 18043(c)(1)), $543,000,000 is rescinded immediately upon 

enactment of this Act. 

(b) Of the unobligated balances available in the Nonrecurring 

expenses fund established in section 223 of division G of Public Law 

110–161 (42 U.S.C. 3514a) from any fiscal year, $100,000,000 is rescinded immediately upon enactment of this Act. 

(c) Of the unobligated balances of appropriations made available under the heading ‘‘Bilateral Economic Assistance, Funds Appropriated to the President, Economic Support Fund’’ in title IX of 

the Department of State, Foreign Operations, and Related Programs 

Appropriations Act, 2015 (division J of Public Law 113–235), 

$107,000,000 is rescinded immediately upon enactment of this Act: 

Provided, That such amounts are designated by the Congress as an 

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

Balanced Budget and Emergency Deficit Control Act of 1985. 

And the House agree to the same. 

HAROLD ROGERS, 

TOM COLE, 

KAY GRANGER, 

CHARLES W. DENT, 

JEFF FORTENBERRY, 

THOMAS J. ROONEY, 

MARTHA ROBY, 

DAVID G. VALADAO, 

Managers on the Part of the House. 


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THAD COCHRAN, MARK KIRK, MITCH MCCONNELL, LISA MURKOWSKI, JOHN HOEVEN, SUSAN COLLINS, JOHN BOOZMAN, SHELLEY MOORE CAPITO, ROY BLUNT, LINDSEY GRAHAM, Managers on the Part of the Senate. 


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JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF 

CONFERENCE 

The managers on the part of the House and Senate at the conference on the disagreeing votes of the two Houses on the amendment of the Senate, and the amendment of the House to the 

amendment of the Senate, to the bill (H.R. 2577) making appropriations for the Departments of Transportation, and Housing and 

Urban Development, and related agencies for the fiscal year ending 

September 30, 2016, and for other purposes, submit the following 

joint statement to the House and Senate in explanation of the effect of the action agreed upon by the managers and recommended 

in the accompanying conference report. 

This conference agreement includes the Military Construction 

and Veterans Affairs and Related Agencies Appropriations Act, 

2017, the Zika Response and Preparedness Appropriations Act, 

2016, the Zika Vector Control Act, and a division on rescissions of 

funds. H.R. 2577 was used as the vehicle for the Senate amendment, which included the Senate-passed versions of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2017 (S. 2844) and the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017 (S. 

2806). The Senate amendment also included appropriations relating to Zika Response and Preparedness. The House amendment included the House-passed text of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2017 (H.R. 

4974), the Zika Response Appropriations Act, 2016 (H.R. 5243), and 

the Zika Vector Control Act (H.R. 897). 

Section 1 of the conference agreement is the short title of the 

bill. 

Section 2 of the conference agreement displays a table of contents. 

Section 3 of the conference agreement states that, unless expressly provided otherwise, any reference to ‘‘this Act’’ contained in 

any division shall be treated as referring only to the provisions of 

that division. 

Section 4 provides a statement of appropriations. 

Section 5 states that each amount designated by Congress as 

an emergency requirement is contingent on the President so designating all such emergency amounts and transmitting such designations to Congress. 

The conference agreement does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

by clause 9 of rule XXI of the Rules of the House of Representatives. 


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

2017 

The following is an explanation of the effects of Division A, 

which makes appropriations for Military Construction, Veterans 

Affairs, and Related Agencies for fiscal year 2017. Unless otherwise 

noted, reference to the House and Senate reports are to House Report 114–497 and Senate Report 114–237. The language set forth 

in House Report 114–497 and Senate Report 114–237 should be 

complied with and carry the same emphasis as the language included in the joint explanatory statement, unless specifically addressed to the contrary in this joint explanatory statement. While 

repeating some report language for emphasis, this joint explanatory statement does not intend to negate the language referred to 

above unless expressly provided herein. In cases in which the 

House or the Senate has directed the submission of a report, such 

report is to be submitted to both Houses of Congress. House or 

Senate reporting requirements with deadlines prior to, or within 15 

days after enactment of this Act shall be submitted not later than 

60 days after enactment of this Act. All other reporting deadlines 

not specifically directed by this joint explanatory statement are to 

be met. 

TITLE I—DEPARTMENT OF DEFENSE 

Bid Savings.—The conferees note that, given information for 

cost variation notices required by 10 U.S.C. 2853, the Department 

of Defense continues to have bid savings on previously appropriated military construction projects. Therefore, the agreement includes rescissions to the Army, Air Force, and Defense-Wide construction accounts. The Secretary of Defense is directed to continue 

to submit 1002 reports on military construction bid savings at the 

end of each fiscal quarter to the Committees. 

Missile Defense.—The conferees remain committed to rapidly 

implementing the European Phased Adaptive Approach (EPAA). 

Construction of the first Aegis Ashore missile defense site in 

Deveselu, Romania, is complete and the site is operational. The 

Committees fully funded construction of the second site at 

Redzikowo, Poland, in fiscal year 2016, and expect the Missile Defense Agency to pursue an aggressive construction schedule to 

bring this critical asset online. Additionally, the conference agreement fully funds the request for the first phase of the Long Range 

Discrimination Radar at Clear, Alaska. This radar will dramatically improve our ability to effectively target ballistic missile 

threats to the homeland coming from the Pacific. As the missile 

threat continues to evolve, the conferees remain strongly supportive of the expeditionary deployment of a Terminal High Altitude Area Defense battery on Guam. The conferees encourage the 

Department of Defense to consider making this deployment permanent and request the appropriate military construction projects in 

support of this critical mission be requested in future budget submissions. 


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Overseas Contingency Operations.—The conference agreement 

includes House Title IV, Overseas Contingency Operations. The 

Senate bill included funding for similar projects in Title I. 

Emerging Security Threats in Europe.—The conferees are 

aware that heightened tensions between Russia and Europe following Russia’s invasion of Ukraine in 2014 have increased security threats to European nations, particularly in Eastern Europe. 

In response to Russian aggression, the Administration in 2014 announced the European Reassurance Initiative (ERI) to enhance allied security by increasing the presence and joint training activities 

of U.S. military forces in Europe. The ERI includes a number of 

military construction projects funded in both fiscal year 2015 and 

in this Act. The conferees note that although ERI military construction funding was originally intended to be a one-time only investment, the evolving nature of the threat has prompted the Department of Defense (DOD) to expand its plans for investing in 

military construction to support the continual presence of U.S. rotational military forces in Europe, increased training activities with 

European allies, and the prepositioning of Army combat-ready 

equipment in Poland to support an armored brigade combat team. 

The conferees recognize the importance of providing reassurance and security to the Nation’s European allies, but are concerned that DOD has not outlined a comprehensive plan for military construction requirements to support the ERI. Instead, the 

Committees have received ad hoc notifications of proposed planning 

and design expenditures for projects in support of the ERI, including a $200,000,000 facility for prepositioning Army combat brigade 

equipment in Poland, and nine ERI-related Air Force projects, primarily at U.S. Air Force bases in Germany, estimated to cost a 

total of $260,000,000. 

Given the magnitude of the planned ERI military construction 

investment thus far, the conferees direct the Secretary of Defense 

to provide to the Committees on Appropriations of both Houses of 

Congress (the Committees), with submission of the fiscal year 2018 

budget request, a comprehensive plan for military construction requirements associated with the European Reassurance Initiative 

through the fiscal year 2018 Future Years Defense Program. 

The conferees further direct the Comptroller General of the 

United States to provide to the Committees, not later than one 

year after the date of enactment of this Act, a report evaluating the 

extent to which the Department of Defense has developed a comprehensive force structure plan, including military construction requirements, to meet emerging security threats in Europe. The report shall include an assessment of the extent to which the Department has: 

(1) identified the near-term and long-term United States military force requirements in Europe in support of the European Reassurance Initiative; 

(2) evaluated the posture, force structure, and military construction options for meeting projected force requirements; 

(3) evaluated the long-term costs associated with the posture, 

force structure, and military construction requirements; and 

(4) developed a Future Years Defense Program for force structure costs associated with the European Reassurance Initiative. 


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The report shall also include any other matters related to security threats in Europe that the Comptroller General determines are 

appropriate, and recommendations as warranted for improvements 

to the Department’s planning and analysis methodology. The reports shall be provided in the appropriate classified and unclassified formats. 

Al Udeid Air Base Mold Contamination.—The conferees are 

concerned about reports that airmen serving at Al Udeid Air Base 

in Qatar were living in dangerously contaminated barracks. On social media and later in the press, reports detailed collapsing ceilings, contaminated water, and toxic black mold found throughout 

the facility. The Committees have raised concerns in the past about 

low levels of funding for facility sustainment, restoration and modernization, and if the black mold issues at Al Udeid were a result 

of a lack of funding for maintenance, that is unacceptable. Also, the 

conferees are aware that the Department of Defense Inspector General released a report in September 2014 (DODIG–2014–121) that 

identified 1,057 deficiencies and code violations ‘‘that could affect 

the health, safety, and well-being of warfighters and their families’’ 

stationed in Japan. Included among the deficiencies were elevated 

levels of radon and excessive mold growth. In light of the Inspector 

General report and the reports from Al Udeid, the conferees direct 

the Department to submit a report to the congressional defense 

committees not later than 180 days after enactment of this Act detailing global military housing and expeditionary facilities locations 

with mold contamination, mitigation strategies implemented or expected to be in place, and any new construction standards designed 

to prevent mold contamination. 

MILITARY CONSTRUCTION, ARMY

The conference agreement provides $513,459,000 for Military 

Construction, Army. Within this amount, the conference agreement 

provides $98,159,000 for study, planning, design, architect and engineer services, and host nation support. 

Aging Army hangars for Combat Aviation Units.—The conferees recognize that the Army’s aging hangars housing combat 

aviation units are structurally deficient and do not meet the operational requirements of the Army’s Combat Aviation Brigades. A 

critical need exists for the Army to modernize infrastructure associated with operational needs, inclement weather, personnel changes, 

and unforeseen circumstances. The conferees direct the Secretary 

of the Army to submit a report to the congressional defense committees not later than 90 days after the enactment of this Act detailing the age and condition of the Army’s Combat Aviation Brigade aircraft maintenance hangars, a prioritization of the most deficient infrastructure assets, and a plan to modernize or replace 

those hangars, including the required resources. 

Air traffic control facilities.—The conferees are concerned that 

many of the Army’s air traffic control facilities are unsafe, antiquated, and do not provide adequate control, communications or observation abilities for the current air traffic levels at certain locations. For example, the current facility located at Fort Benning, 

Georgia, will become wholly inadequate at the current pace of operations and a replacement facility is necessary to ensure air traffic 


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services are available to support mission readiness and deployment 

platforms and the military flying community. The conferees are 

concerned that this could be a problem throughout the Army enterprise with the recent reductions to the Department of Defense’s 

construction accounts. Therefore, the Secretary of the Army is directed to conduct a risk assessment on Army air traffic control facilities throughout the Army enterprise and develop a plan to update these facilities. This assessment shall be submitted to the congressional defense committees not later than 60 days after enactment of this Act. 

Defense Laboratory Enterprise Facilities and Infrastructure.— The conferees note that DOD investment in Defense laboratories 

has been lacking, resulting in negative impacts on the ability of the 

military to develop new acquisition programs or perform cuttingedge research. At the same time, the Nation’s near-peer competitors are making significant new investments in their research and 

development capabilities as part of the effort to close the technology gap with the U.S. military. Of additional concern, aging lab 

infrastructure also creates a disincentive to attracting new employees as DOD tries to rebuild its technical workforce. 

One of the tools that Congress has provided to incentivize DOD 

lab investment is the establishment of a higher threshold for unspecified minor military construction (UMMC) for laboratories to 

enable the services to keep up with a threat that evolves faster 

than the normal planning process. However, the conferees are concerned that the services are not programming sufficient UMMC to 

take full advantage of the laboratory revitalization initiative. For 

example, in fiscal year 2016, the Army, which operates an extensive network of DOD labs, did not allocate any unspecified minor 

military construction funding for necessary laboratory revitalization projects, and the request for UMMC in the Army has remained 

flat at $25,000,000. Therefore, the conference agreement provides 

an additional $10,000,000 to supplement unspecified minor military construction, and the Army is encouraged to pursue opportunities to use the additional funding for lab revitalization. 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

The conference agreement provides $1,021,580,000 for Military 

Construction, Navy and Marine Corps. Within this amount, the 

conference agreement provides $88,230,000 for study, planning, design, architect and engineer services. 

Military Construction funding for the Navy and Marine 

Corps.—Conferees are concerned about the need for the construction of an F–35C aircraft maintenance hangar, a communications 

complex and infrastructure upgrades, and an F–35C aircraft parking apron for the Marine Corps’ four F–35C squadrons on the West 

Coast. This construction supports Carrier Air Wing operations with 

the USS Carl Vinson as the first F–35C compatible ship on the 

West Coast in support of the Pacific Command Area of Responsibility. The Marine Corps has identified these projects as its top priorities, critical to the F–35C squadrons and the conferees support 

these priorities. 

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dustry. While the Navy and local stakeholders have started a dialogue, an agreement has not yet been reached. The conferees look 

forward to an agreement that meets the Navy’s training needs and 

protects local timber stakeholders. 

Navy Unfunded Reprogramming Requirements.—The Committees were recently informed that the Navy has been underestimating the cost of major construction projects over the past several years due to unrealistic cost assumptions and a flawed construction cost formula. The Navy acknowledges that it has been 

aware of this problem for some time but had taken no action to 

remedy the deficiencies in its construction cost estimating process 

or to notify the Committees in a timely manner of the situation or 

its potential impact on the execution of projects. As a result, the 

Navy is faced with a large inventory of underfunded projects, and 

insufficient unobligated balances from bid savings or cancelled 

projects to cover the shortfall. Thus, a number of authorized 

projects for which funds have been appropriated over the past several years are at risk due to insufficient funds to award a contract. 

The conferees provide an additional $89,400,000 in this Act, to 

address the Navy’s highest priority urgent unfunded reprogramming requirements as well as unanticipated emergency construction requirements. However, the conferees are concerned that this 

is just the tip of the iceberg, and that additional underfunded 

projects for which no ready source of reprogramming funds is available will emerge. Therefore, the conferees direct the Secretary of 

the Navy to reassess the sufficiency of the appropriation request 

for all previously appropriated projects for which contracts have 

not been awarded, and to provide to the congressional defense committees, within 60 days of enactment of this Act, (1) a detailed 

analysis of the process and decisions that led to the underestimating of construction costs, (2) the revised cost estimate, if applicable, for any project that is estimated to be underfunded due to 

unrealistic cost assumptions and/or a flawed construction cost formula, (3) a plan of how the Navy intends to address the shortfall 

within its own resources, including the identification of any previously appropriated projects that might have to be cancelled, and 

(4) a description of the steps it is taking to remedy the cost estimating process for future construction projects. 

The conferees further direct the Secretary of Defense to review 

the construction cost formulas used to develop military construction 

appropriation requests by the Naval Facilities Engineering Command and the U.S. Army Corps of Engineers to assess the reliability of the formulas, and to report to the congressional defense 

committees within 90 days of enactment of this Act on its findings 

and any recommendations to improve the fidelity of the construction cost formulas. 

All the services, including the Navy, have informed the Committees for the past several years that construction costs have been 

rising with the improving economy and the rebound of the construction market, and that bid savings have been subsequently decreasing. The conferees believe there is no excuse for the Navy’s inability to or failure to address this problem, and fully expect a 

sound and justifiable cost estimate for any military construction 


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projects submitted in the fiscal year 2018 and future budget requests. 

MILITARY CONSTRUCTION, AIR FORCE

The conference agreement provides $1,491,058,000 for Military 

Construction, Air Force. Within this amount, the conference agreement provides $143,582,000 for study, planning, design, architect 

and engineer services. Additionally, the conference agreement rescinds $23,900,000 for three fiscal year 2014 projects in Saipan, 

Commonwealth of the Northern Mariana Islands (CNMI), to support Air Force training exercises and provide an emergency divert 

location. The conferees are concerned that the Air Force has been 

unable to reach a land use agreement with the Government of the 

CNMI despite extensive negotiations, and no resolution to the issue 

is imminent. Therefore, the funding is rescinded without prejudice, 

and the Air Force is urged to resubmit the projects once agreement 

on the location is finalized and the projects can be executed. 

Air Force Facility Security Requirements.—The conferees are 

concerned with the Department’s funding recommendation for the 

Air Force’s unspecified minor military construction account. An additional $10,000,000 is provided to assist installations in the continental U.S. with significant facility entry and exit point concerns. 

Priority should be given to installations with access control points 

that present safety, security and traffic hazards. 

Air Force Ballistic Missile Facilities.—The conferees are aware 

that ground-based intercontinental ballistic missile (ICBM) facilities at the Nation’s three ICBM bases in Montana, North Dakota, 

and Wyoming are aging and in urgent need of replacement. At a 

time of increased global tensions among nuclear-capable nations, it 

is imperative to replace crumbling and outdated ICBM infrastructure at U.S. installations with state-of-the-art nuclear deterrence 

facilities. Key to this effort is the replacement of the Cuban missile 

crisis-era Weapons Storage Facilities and Missile Alert Facilities at 

each of the ICBM bases. The conferees understand that the Air 

Force has developed a funding roadmap to replace the Weapons 

Storage Facilities (WSFs) at each ICBM base but are concerned 

that the current timeline for implementation of the roadmap is not 

sufficiently aggressive in light of the urgency of upgrading these facilities to meet current threat conditions. Given the failing condition of the current WSFs and the importance of the ground-based 

ICBM capability to the Nation’s nuclear deterrence, the conferees 

urge the Air Force to prioritize and accelerate the replacement of 

the WSFs as well as the Nuclear Alert Facilities at ICBM bases. 

The conferees reiterate the directive in Senate Report 114–237 for 

the Secretary of the Air Force to undertake an analysis of the cost 

of maintaining the existing Missile Alert Facilities at the Nation’s 

ICBM bases and to provide a report to the Committees within 90 

days of enactment of this Act on the findings of the analysis and 

a projected cost and timeline for replacing the Weapons Alert Facilities at each of these bases. The conferees also direct the Secretary of Defense to assess the feasibility of using Defense Access 

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lations, security risks, safety, and weather, and to provide a report 

to the Committees within one year of enactment of this Act. 

MILITARY CONSTRUCTION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $2,025,444,000 for Military 

Construction, Defense-Wide. Within this amount, the conference 

agreement provides $180,775,000 for study, planning, design, architect and engineer services. Within this amount, an additional 

$15,000,000 is provided for Missile Defense Agency planning and 

design. The additional funding is to expedite the construction and 

deployment of urgently needed missile defense assets in various locations within the continental United States, including Alaska and 

Hawaii. 

Pentagon Metro entrance facility.—The conference agreement 

includes funding for the Pentagon Metro entrance facility project as 

requested in the budget submission. The conferees remain concerned that this facility needs to be constructed in a manner that 

will further enhance the physical access and perimeter defense of 

the building in accordance with the Integrated Pentagon Security 

Master Plan and the Pentagon Century Review. Given that the design is only at 10 percent at this point, the conferees direct the Secretary of Defense to report to the congressional defense committees 

quarterly on the progress of the planning and design and any 

major construction changes to the current project’s 1391. 

MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

The conference agreement provides $232,930,000 for Military 

Construction, Army National Guard. Within this amount, the conference agreement provides $8,729,000 for study, planning, design, 

architect and engineer services. 

MILITARY CONSTRUCTION, AIR NATIONAL GUARD

The conference agreement provides $143,957,000 for Military 

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

MILITARY CONSTRUCTION, ARMY RESERVE

The conference agreement provides $68,230,000 for Military 

Construction, Army Reserve. Within this amount, the conference 

agreement provides $7,500,000 for study, planning, design, architect and engineer services. 

MILITARY CONSTRUCTION, NAVY RESERVE

The conference agreement provides $38,597,000 for Military 

Construction, Navy Reserve. Within this amount, the conference 

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MILITARY CONSTRUCTION, AIR FORCE RESERVE

The conference agreement provides $188,950,000 for Military 

Construction, Air Force Reserve. Within this amount, the conference agreement provides $4,500,000 for study, planning, design, 

architect and engineer services. 

NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT

PROGRAM

The conference agreement provides $177,932,000 for the North 

Atlantic Treaty Organization Security Investment Program. 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

The conference agreement provides $240,237,000 for the Department of Defense Base Closure Account, which is $35,000,000 

above the request. The additional funding is for the Army and the 

Navy to accelerate environmental remediation at installations 

closed under previous Base Realignment and Closure (BRAC) 

rounds. 

Accelerated cleanup.—The conferees recognize that many factors hinder the cleanup of BRAC sites. However, the conferees believe that strategic investments can lead to quicker clean-ups and 

faster turnover of DOD property to the local community. Therefore, 

the conferees direct the Secretary of Defense to submit to the congressional defense committees a spend plan for the additional 

BRAC funds not later than 15 days after enactment of this Act. 

FAMILY HOUSING OVERVIEW

Homeowners Assistance Program—Delayed Expression or Delayed Identification of Injured Beneficiaries.—As the Executive 

Agent for the Homeowners Assistance Program (HAP) across the 

Department of Defense, the Army mistakenly administered approximately 76 applicants whose injuries were incurred during a 

military deployment, while they owned a home, and experienced 

delayed expression or delayed identification of the injury. The applicants were paid in good faith and in accordance with guidance 

from Congress and the Department of Defense to err in favor of 

wounded, ill, and injured HAP applicants. If these beneficiaries had 

suffered from an obvious physical injury—which the HAP statute 

envisioned—their injury would have been clearly documented at 

the time they owned their home, and they would have qualified for 

HAP benefits. Therefore, no funds from this Act shall be used to 

collect overpayments for any wounded, ill, or injured HAP beneficiary with delayed expression or delayed identification, or send 

notice letters, while the Department further develops permanent 

legislative solutions with Congress. 

FAMILY HOUSING CONSTRUCTION, ARMY

The conference agreement provides $157,172,000 for Family 

Housing Construction, Army. 


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FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

The conference agreement provides $325,995,000 for Family 

Housing Operation and Maintenance, Army. 

FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS

The conference agreement provides $94,011,000 for Family 

Housing Construction, Navy and Marine Corps. 

FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE

CORPS

The conference agreement provides $300,915,000 for Family 

Housing Operation and Maintenance, Navy and Marine Corps. 

FAMILY HOUSING CONSTRUCTION, AIR FORCE

The conference agreement provides $61,352,000 for Family 

Housing Construction, Air Force. 

FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE

The conference agreement provides $274,429,000 for Family 

Housing Operation and Maintenance, Air Force. 

FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE

The conference agreement provides $59,157,000 for Family 

Housing Operation and Maintenance, Defense-Wide. 

DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND

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

ADMINISTRATIVE PROVISIONS 

(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

The conference agreement includes section 101 limiting the use 

of funds under a cost-plus-a-fixed-fee contract. 

The conference agreement includes section 102 allowing the 

use of construction funds in this title for hire of passenger motor 

vehicles. 

The conference agreement includes section 103 allowing the 

use of construction funds in this title for advances to the Federal 

Highway Administration for the construction of access roads. 

The conference agreement includes section 104 prohibiting construction of new bases in the United States without a specific appropriation. 

The conference agreement includes section 105 limiting the use 

of funds for the purchase of land or land easements that exceed 100 

percent of the value. 

The conference agreement includes section 106 prohibiting the 

use of funds, except funds appropriated in this title for that purpose, for family housing. 

The conference agreement includes section 107 limiting the use 

of minor construction funds to transfer or relocate activities. 


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The conference agreement includes section 108 prohibiting the 

procurement of steel unless American producers, fabricators, and 

manufacturers have been allowed to compete. 

The conference agreement includes section 109 prohibiting the 

use of construction or family housing funds to pay real property 

taxes in any foreign nation. 

The conference agreement includes section 110 prohibiting the 

use of funds to initiate a new installation overseas without prior 

notification. 

The conference agreement includes section 111 establishing a 

preference for American architectural and engineering services for 

overseas projects. 

The conference agreement includes section 112 establishing a 

preference for American contractors in United States territories 

and possessions in the Pacific and on Kwajalein Atoll and in countries bordering the Arabian Gulf. 

The conference agreement includes section 113 requiring congressional notification of military exercises when construction costs 

exceed $100,000. 

The conference agreement includes section 114 allowing funds 

appropriated in prior years for new projects authorized during the 

current session of Congress. 

The conference agreement includes section 115 allowing the 

use of expired or lapsed funds to pay the cost of supervision for any 

project being completed with lapsed funds. 

The conference agreement includes section 116 allowing military construction funds to be available for five years. 

The conference agreement includes section 117 allowing the 

transfer of funds from Family Housing Construction accounts to 

the Family Housing Improvement Program. 

The conference agreement includes section 118 allowing transfers to the Homeowners Assistance Fund. 

The conference agreement includes section 119 limiting the 

source of operation and maintenance funds for flag and general officer quarters and allowing for notification by electronic medium. 

The conference agreement includes section 120 extending the 

availability of funds in the Ford Island Improvement Account. 

The conference agreement includes section 121 allowing the 

transfer of expired funds to the Foreign Currency Fluctuations, 

Construction, Defense account. 

The conference agreement includes section 122 restricting the 

obligation of funds for relocating an Army unit that performs a 

testing mission. 

The conference agreement includes section 123 allowing for the 

reprogramming of construction funds among projects and activities 

subject to certain criteria. 

The conference agreement includes section 124 prohibiting the 

obligation or expenditure of funds provided to the Department of 

Defense for military construction for projects at Arlington National 

Cemetery. 

The conference agreement includes section 125 providing additional funds for various Military Construction accounts. 

The conference agreement includes section 126 providing additional funds for Military Construction, Navy and Marine Corps. 


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The conference agreement includes section 127 rescinding 

funds from prior Appropriations Acts from various accounts. 

The conference agreement includes section 128 rescinding unobligated balances from the fund established by Sec. 1013(d) of 42 

U.S.C. 3374. 

The conference agreement includes section 129 defining the 

congressional defense committees. 

The conference agreement includes section 130 prohibiting the 

use of funds in this Act to close or realign Naval Station Guantanamo Bay, Cuba. The provision is intended to prevent the closure 

or realignment of the installation out of the possession of the 

United States, and maintain the Naval Station’s long-standing regional security and migrant operations missions. 

The conference agreement includes section 131 restricting 

funds in this Act to be used to consolidate or relocate any element 

of Air Force Rapid Engineer Deployable Heavy Operational Repair 

Squadron Engineer until certain conditions are met. 


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TITLE II—DEPARTMENT OF VETERANS AFFAIRS 

VETERANS BENEFITS ADMINISTRATION—COMPENSATION AND

PENSIONS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $90,119,449,000 for Compensation and Pensions in advance for fiscal year 2018. Of the 

amount provided, not more than $17,224,000 is to be transferred 

to General Operating Expenses, Veterans Benefits Administration 

(VBA) and Information Technology Systems for reimbursement of 

necessary expenses in implementing provisions of title 38. 

READJUSTMENT BENEFITS

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

VETERANS INSURANCE AND INDEMNITIES

The conference agreement provides $107,899,000 for Veterans 

Insurance and Indemnities in advance for fiscal year 2018, as well 

as an additional $16,605,000 for fiscal year 2017. 

VETERANS HOUSING BENEFIT PROGRAM FUND

The conference agreement provides such sums as may be necessary for costs associated with direct and guaranteed loans for the 

Veterans Housing Benefit Program Fund. The agreement limits obligations for direct loans to not more than $500,000 and provides 

that $198,856,000 shall be available for administrative expenses. 

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

The conference agreement provides $36,000 for the cost of direct loans from the Vocational Rehabilitation Loans Program Account, plus $389,000 to be paid to the appropriation for General 

Operating Expenses, Veterans Benefits Administration. The agreement provides for a direct loan limitation of $2,517,000. 

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

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

GENERAL OPERATING EXPENSES, VETERANS BENEFITS

ADMINISTRATION

The conference agreement provides $2,856,160,000 for General 

Operating Expenses, Veterans Benefits Administration and makes 

available not to exceed 5 percent of this funding until the end of 

fiscal year 2018. The full request for the Veterans Benefits Management System is provided in the agreement, which includes 

$37,356,000 from this account and $143,000,000 from the Information Technology Systems account. The agreement also includes the 

full budget request of $26,695,000 for the centralized mail initiative 

and $152,924,000 for the Veterans Claim Intake Program (VCIP), 

which is $10,000,000 above the request. 


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The placement of the General Operating Expenses, Veterans 

Benefits Administration account in the bill has been moved from 

Departmental Administration to Veterans Benefits Administration 

to align the administrative expenses of VBA with its program activities. 

Disability claims backlog.—The conferees commend the Department of Veterans Affairs (VA) on its efforts to reduce the disability claims backlog and increase the accuracy of claims decisions, and is committed to ensuring that VA maintains its goal of 

processing all claims within 125 days with 98 percent accuracy. 

The Committees are also committed to ensuring there is not a recurrence of any sizeable backlog or a reduction in accuracy and will 

continue to assert their oversight by monitoring on a monthly and 

quarterly basis each regional office’s timeliness and accuracy performance measures. 

The conference agreement includes section 228 which requires 

VBA to submit a quarterly report with the following data from 

each VBA regional office: (1) the average time to complete a disability compensation claim; (2) the number of claims pending more 

than 125 days, disaggregated by initial and supplemental claims; 

(3) error rates; (4) the number of claims personnel; (5) any corrective action taken within the quarter to address poor performance; 

(6) training programs undertaken; (7) the number and results of 

Quality Review Team audits; (8) the number of claims completed 

by each regional office based on the regional office being the station 

of jurisdiction; and (9) the number of claims completed by each regional office based on the regional office being the station of origin. 

Regional office performance.—The conferees have been disturbed by repeated reports of manipulation of records and benefit 

data at several VBA regional offices, as well as irregular personnel 

practices that have jeopardized sound management of the regional 

offices. The conferees urge VA to monitor regional office performance to make certain that personnel and claims management activities remain fully transparent and comply with overall VA regulations and handbooks. 

Equitable relief.—The conferees urge the Secretary to continue 

to grant or extend equitable relief to eligible veterans initially 

deemed eligible in instances of administrative error. 

Service satisfaction rates among women veterans.—The conferees direct VA to provide to the Committees not later than the 

beginning of fiscal year 2017 an analysis of trends and satisfaction 

rates among women veterans participating in the Vocational Rehabilitation and Employment program to ensure these services are 

adapting to the changing demographics of veterans and the needs 

of women veterans with disabilities. 

Disability benefits questionnaires.—The conferees expect VA to 

meet with Members of Congress to explain their plans to develop 

additional disability benefits questionnaires (DBQs) for chronic 

multi-system illnesses experienced by veterans for which DBQs do 

not exist. Moreover, the conferees urge the Department to make 

permanent the period for filing Gulf War presumptive claims under 

38 CFR 3.317. 


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VETERANS HEALTH ADMINISTRATION—MEDICAL SERVICES

The conference agreement provides $44,886,554,000 in advance 

for fiscal year 2018 for Medical Services and makes $1,400,000,000 

of the advance available through fiscal year 2019. The agreement 

also provides $1,078,993,000 for fiscal year 2017 in addition to the 

advance appropriation provided last year. The fiscal year 2018 advance funding for medical services is $6,786,446,000 lower than the 

fiscal year 2017 advance because of Department projections that increased amounts of medical care will be provided through the Medical Community Care account. 

Given that there may be significant unfunded liabilities created by the winding down of the Choice Act, the conference agreement includes bill language in section 232 permitting the transfer 

of funding from multiple VA appropriations accounts to Medical 

Services to address unfunded needs. 

The conference agreement includes bill language requiring the 

Secretary to ensure that sufficient amounts are available for the 

acquisition of prosthetics designed specifically for female veterans 

and to provide access to therapeutic listening devices to veterans 

with mental health or substance abuse problems or traumatic brain 

injury. 

Curing Hepatitis C within the veteran population.—The Department is to be commended for robustly treating veterans with 

Hepatitis C (HCV), which is a particular concern because the veteran population is twice as likely to have the virus as the general 

population. Available HCV drugs have a cure rate of 96 percent, 

and early, preventative treatments avoid tens of thousands of dollars in future healthcare spending. To that end, the agreement includes funding for the treatment of Hepatitis C of $1,500,000,000 

in fiscal year 2017, which is $840,000,000 above the President’s request. The conferees understand that because of an uneven start 

to the Hepatitis C campaign due to funding interruptions, VA 

projects there will be a carryover of fiscal year 2016 funding that 

will increase the resources available in fiscal year 2017. The conferees are pleased that recent price reductions in the new Hepatitis 

C drugs will allow VA to treat patients faster and reach their target goal of treating all veterans with Hepatitis C years earlier than 

projected. 

The conferees encourage VA to work to remove any barriers to 

timely screening and treatment for veterans with Hepatitis C, including maximizing the use of rapid testing techniques. Rapid testing can be especially helpful in reaching veterans who are medically underserved or who live long distances from VA facilities. 

To assist in congressional oversight, VA is directed to continue 

to report to the Committees in quarterly briefings the number of 

veterans treated to date, the number of veterans treated each 

week, the number of veterans pronounced cured to date, the projected number of new cases, and the estimate of veterans likely to 

be cured during the next quarter. VA is also directed to report 

quarterly to the Committees obligations for funding Hepatitis C 

treatments as part of the larger crosscutting VA quarterly financial 

report required in section 218. 


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Program priorities.—The conference agreement provides the 

following fiscal year 2017 funding for these high priority areas: 

$243,483,000 for readjustment counseling at Vet Centers; 

$535,400,000 for gender-specific healthcare, which is $20,000,000 

higher than the administration request; $734,628,000 for the caregivers program, which is $10,000,000 above the request; 

$257,477,000 for the homeless grant and per diem program, which 

is $10,000,000 above the request; and $320,000,000 for the homeless supportive services for low income veterans and families, 

which is $20,000,000 above the request. 

Rural healthcare.—The conference agreement includes the full 

budget request of $250,000,000 for the Office of Rural Health 

(ORH) and the Rural Health Initiative. In addition to any directives contained in the House and Senate reports, the conferees direct that ORH coordinate directly with the Readjustment Counseling Service to develop and implement a strategy to expand the 

capacity of Vet Centers in order to ensure that the readjustment 

and psychological counseling needs of veterans in rural and highly 

rural communities are met. The conferees also direct VA to identify 

ways to obtain more accurate data on homeless and at-risk veterans in rural areas, as instructed in the Senate report. The conference agreement includes a one-year extension through fiscal 

year 2017 of the Access Received Closer to Home (ARCH) program, 

which provides care to veterans in areas without extensive access 

to VA health facilities. This extension is necessary to maintain veterans’ access to healthcare during the transition as VA moves to 

consolidate its non-VA healthcare programs. The conferees encourage VA to expand its use of telehealth for rural areas since the 

technique has proven particularly helpful in mental health and primary care health delivery. 

Mental health.—The conference agreement provides the full 

budget request for all VA mental health services and programs, 

with additional resources within Medical Services provided for the 

Veterans Crisis Line and the National Centers for Posttraumatic 

Stress Disorder. The conference agreement includes $40,000,000 for 

the National Centers and $78,572,000 for the Veterans Crisis Line. 

Overall, the agreement includes $173,005,000 for suicide prevention outreach. The conference agreement includes bill language in 

section 238 similar to that contained in the House bill that requires 

certain professional standards for the suicide hotline. 

Opioid safety.—To respond to the urgency of the opioid overdose epidemic, the Department is directed to continue to comply 

with the guidance included in the fiscal year 2016 conference report under the paragraph ‘‘Opioid Safety.’’ VA is also directed to 

make public the findings of the Office of Accountability Review investigation into accusations of widespread retaliation against whistleblowers at the Tomah VA Medical Center as well as the outside 

clinical review. The Department is encouraged to utilize the full 

spectrum of treatment options for dealing with opioid addiction and 

expand the use of medication-assisted treatment and other clinically appropriate services to achieve and maintain abstinence from 

all opioids. The conferees believe it is important for the Department to report necessary information to State-run prescription 


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drug monitoring programs as this will ensure VA providers have 

the tools they need to better identify at-risk veterans. 

The conferees are aware that only 14 States require their physicians to take pain management education credits. The conferees 

urge VA to ensure that healthcare providers learn the latest pain 

management techniques, understand safe prescribing practices, 

and be able to spot the signs of potential substance use disorders. 

The conferees believe that comprehensive training in the proper 

use of pain management medications is a vital step in combating 

the opioid problem. 

Choice Program delays.—VA data indicate that the number of 

veterans waiting more than 30 days for an appointment is actually 

higher now than when the Veterans Choice Program was initiated. 

The conferees are concerned that this well-intentioned program 

was cobbled together quickly given the time constraints, which has 

contributed to delays. Further, an often-cited problem with the 

Choice Program is the lack of clear communications regarding the 

eligibility requirements of the program to both veterans and nonVA providers. The conferees believe that understanding the obstacles to efficient scheduling of appointments of veterans and swift 

reimbursement for providers would serve as crucial first steps in 

resolving some of these issues. The conferees urge VA and its third 

party providers to address the delays and the communication errors plaguing implementation of the Choice Program. 

Nursing authority.—The conferees recognize that VA has recently published a proposed rule indicating that it is considering 

the issue of granting full practice authority to some or all of the 

four advanced practice nursing disciplines. The proposed rule indicates that decision will be reflected in the final rule, after consideration of all the public comments received. In addition, the Under 

Secretary for Health has testified that he plans to consider as an 

important variable whether there are significant shortages of the 

affiliated physician specialties throughout the VA system, which 

would validate the need for full practice authority for those advanced practice nurse specialties. The conferees urge VA to carefully and thoughtfully seek additional input from internal and external stakeholders prior to publishing the final rule. The conferees 

encourage VA to make all possible outreach efforts to communicate 

the changes contained in the proposed rule, gather public comments, and collaborate with Congress, affected stakeholders, VA 

physician and nursing staffs, and external organizations. 

National Veteran Sports Programs.—The conference agreement 

includes $9,005,000, which is the budget request for the Office of 

the National Veterans Sports Programs and Special Events. The 

conferees concur with the movement of this office to the Veterans 

Health Administration (VHA), and the agreement includes necessary bill language in section 257 to permit VHA to carry out the 

Office’s activities. 

Patient consults.—The conferees direct VA to report not later 

than 30 days after the beginning of fiscal year 2017 on specific 

quality controls that have been implemented to ensure that patient 

consults are handled in a timely manner. 

Collaboration with historically black health professions 

schools.—As described in the House and Senate reports, the conVerDate Sep 11 2014 02:26 Jun 24, 2016 Jkt 020491 PO 00000 Frm 00083 Fmt 6601 Sfmt 6601 E:\HR\OC\HR640.XXX HR640

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ferees urge VA to increase its collaboration with the larger, urban 

hospitals with historically black health professions schools. The 

Secretary is directed, as in previous conference reports, to convene 

a symposium where minority collaboration concerns are discussed 

and addressed. 

Leveraging private sector programs.—The conferees encourage 

VA to integrate into VA settings private sector programs that 

adapt information technologies and data interoperability capabilities to better coordinate healthcare services for veterans, as described in the House report. 

Medical residency positions.—The conferees note that, to date, 

the Department has not submitted to the Committees a report that 

was directed in the explanatory statement accompanying Public 

Law 114–113 detailing current coordination with the Direct Graduate Medical Education Program, limitations that may restrict 

VA’s program and ability to expand to underserved areas, and a 

plan to more effectively carry out VA’s graduate medical education 

program within constraints that exist in the Direct Graduate Medical Education program. The conferees understand that the Department is reviewing comments provided by the Department of Health 

and Human Services’ Center for Medicare and Medicaid Services 

and direct VA to move as expeditiously as possible in its review 

and submit the report to the Committees. Further, the conferees direct that VA provide an update to the Committees not later than 

15 days after enactment of this Act on the status of this report and 

a timeline for submission. 

Rehabilitation equipment.—The conferees are aware that the 

Department currently purchases or reimburses veterans for recumbent bicycles or hand cycles used for rehabilitative purposes only 

and does not cover the cost of upright bicycles. Given the many veterans in physical or mental rehabilitation programs who are able 

to use upright bicycles, the conferees urge the Department to make 

upright bicycles eligible for reimbursement to qualifying veterans. 

In addition, the conferees direct the Department to submit to the 

Committees on Appropriations of both Houses of Congress (hereafter ‘‘the Committees’’) a report not later than the beginning of fiscal year 2017 outlining the steps needed to be taken to make upright bicycles eligible for reimbursement. 

MEDICAL COMMUNITY CARE

The conference agreement provides $7,246,181,000 for Medical 

Community Care, the account created in the Surface Transportation and Veterans Health Care Choice Improvement Act to consolidate all the VA programs that provide care for veterans in the 

community from non-VA providers. Section 217 of the conference 

agreement rescinds an identical amount from the Medical Services 

account. The agreement also provides $9,409,118,000 in advance 

fiscal year 2018 funding for this account. Of the fiscal year 2017 

funding, $2,000,000,000 is made available until the end of fiscal 

year 2020; of the fiscal year 2018 funding, $1,500,000,000 is available until the end of fiscal year 2021. 

Extended availability of funding.—The conferees are aware the 

Department books obligations for non-VA care upon a veteran receiving authorization to obtain medical care outside of the Veterans 


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Health Administration and not upon that authorization actually 

being filled and the Department billed by the outside provider. Due 

to the timing of reconciliation between obligations, authorizations, 

and the number of those authorizations filled through private providers, this accounting procedure has led to the de-obligation of 

funds past the life of the budget authority, leading to the expiration of millions of dollars that could have been applied to veterans 

healthcare programs. Therefore, the conferees have provided flexibility to aid the Department in ensuring all appropriations within 

this account are able to be obligated before expiration. This extended availability within the new Medical Community Care account should allow VA time to correct this problem; however, the 

conferees also note this longer period of availability is a temporary 

solution and will not continue unaltered into the future. The Department is expected to work towards identifying changes in execution that will result in a permanent fix, including discussing with 

the Office of Management and Budget how best to define the point 

of obligation for these funds. The conferees expect the Department 

to keep the Committees apprised of its progress towards a permanent solution and request this issue be addressed within the fiscal 

year 2019 advance appropriations request for this account. 

MEDICAL SUPPORT AND COMPLIANCE

The conference agreement provides $6,654,480,000 in advance 

for fiscal year 2018 for Medical Support and Compliance and 

makes $100,000,000 of the advance funding available through fiscal 

year 2019. 

Filling senior position vacancies.—In order for VHA to improve 

access and increase efficiency within the system, it must fill the 

critical senior management and clinical vacancies. Therefore, the 

conferees direct that not less than $21,000,000, as provided in the 

budget request, be used to hire medical center directors and employees for other management and clinical positions within the Veterans Health Administration. 

Requirements for the hiring of VA healthcare providers.—The 

conferees are deeply troubled by recent reports concerning practicing VA providers whose credentials have not been verified or 

have been misrepresented, and who have previously entered into 

settlements or completed disciplinary actions in other States where 

they may hold a medical license. To protect our Nation’s veterans, 

the Department must do more to guarantee that VA providers are 

of the highest quality and are, at the very least, in good standing 

with each State medical board with which they hold licenses. The 

conferees believe VA should be in strict compliance with Veterans 

Health Administration Handbook 1100.19 and Directive 2012–030 

which require the Department to obtain any and all information on 

medical license violations from each State medical board where a 

provider holds or has ever held a license and whether the provider 

has entered into any settlement agreements with a board for disciplinary charges relating to medical practice. The Department is 

directed to submit a report to the Committees not later than 90 

days after the beginning of fiscal year 2017 providing an analysis 

and an assessment of VA field compliance with Veterans Health 

Administration Handbook 1100.19 and Directive 2012–030. 


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Transmission of VA healthcare providers’ information to State 

medical boards.—Under current VA policy outlined in Veterans 

Health Administration Handbook 1100.18, in each instance in 

which a licensed healthcare professional whose behavior or clinical 

practice so substantially fails to meet generally-accepted standards 

of clinical practice as to raise reasonable concern for the safety of 

patients, the Department is required to provide a report to each 

State licensure board (SLB) where the professional holds a license. 

The conferees are aware, however, that such reports sent to 

SLBs are typically limited to a generic description of the clinical 

shortcomings involved, and if the SLB wants more details of the 

situation it must respond to the report with a formal request for 

more information. The conferees note SLBs and the Federation of 

State Medical Boards find it extremely difficult to gain useful information even if they follow VA’s exact procedures. 

It is critical for VA to improve communication with SLBs and 

improve transparency surrounding medical practice violations. VA 

is urged to send promptly to each SLB where a provider holds a 

license and the SLB in the State where the provider practices, the 

full information concerning any violations during the provider’s 

practice at VA. 

While VA providers do not need to hold a license in the same 

State where the medical facility resides, the conferees believe such 

State’s medical board should, nonetheless, have access to information about a clinical violation committed at a facility in their State 

to ensure the board can adequately fulfill its obligation to uphold 

safe medical practice. The Department is directed to submit a report to the Committees not later than 90 days after the beginning 

of fiscal year 2017 providing an assessment of VA field compliance 

with Veterans Health Administration Handbook 1100.18 and its 

ability to provide full reporting to SLBs in instances where licensed 

healthcare professionals’ behavior or clinical practice so substantially failed to meet generally-accepted standards of clinical practice that it needed to be reported in compliance with Handbook 

1100.18. 

Non-VA care provider reviews.—As the Department continues 

to increase the scope and size of its non-VA care programs, it is imperative that VA develop policies that ensure that a healthcare provider removed from employment with the Veterans Health Administration due to substandard care, professional misconduct, or violation of the requirements of his or her medical license does not 

subsequently reemerge as a contracted healthcare provider in the 

community care programs, including the Choice Program. Therefore, the conferees direct the Department to submit to the Committees not later than the beginning of fiscal year 2017 the current 

VHA policy on entering into contractual agreements with private 

providers, either directly or through a third-party administrator, 

and the provisions of that policy which detail how VA ensures that 

no healthcare providers removed for misconduct subsequently become providers through the VA’s community care programs. In addition, the Department is directed to include, with the policy, what 

enforcement mechanisms are currently in place as a safeguard and 

any legislative authorities needed to ensure that veterans receive 


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the highest quality of care from healthcare providers on contract to 

VA. 

MEDICAL FACILITIES

The conference agreement provides $5,434,880,000 in advance for fiscal year 2018 for Medical Facilities, as well as $247,668,000 

in fiscal year 2017 funding, which is in addition to the advance 

funding provided last year. Of the advance funding, $250,000,000 

is made available through fiscal year 2019. 

Medical facility inspections for food service and environmental 

quality.—The conferees are disturbed by reports of sanitation and 

insect infestation problems at food service areas and kitchens at 

VA healthcare facilities, despite existing internal requirements for 

periodic inspections. In addition, health-threatening mold has been 

found in some VA facilities, as documented by the VA Inspector 

General. The conference agreement includes bill language in sections 251 and 252 requiring VA to contract with the Joint Commission on Accreditation of Hospital Organizations to conduct annual 

inspections of healthcare facility food service areas, with remediation and re-inspection required. Section 252 includes the requirement for the Joint Commission to conduct similar periodic reviews 

to inspect mold issues in VA medical facilities. 

Improved community-based outpatient clinics (CBOC) capabilities.—The conferees are concerned that VA needs to improve its 

planning and contracting practices to allow for future expansion 

needs of CBOCs. In the case of the recently approved Rochester, 

New York CBOC (Phase I), the conferees have been informed that 

options to expand for potential future growth could not be included 

in the original lease contract, warranting procurement of a second 

facility. The conferees urge the Department to consider economic 

benefits when considering locations. Furthermore, the Department 

is directed to provide a report to the Committees not later than the 

beginning of fiscal year 2017 addressing the rationale as to why 

such flexibility cannot be included in lease contracts and identify 

any barriers, including necessary statutory changes, to ensure such 

options for flexibility are included in future lease contracts. 

Green energy management program.—Given congressional concern with some prior wind energy projects, the conferees believe 

that the Committees need a clearer budget presentation of all 

green energy projects—wind, solar, geothermal, etc.—proposed to 

be funded in the fiscal year 2018 budget. Because green energy 

management funding was used to backfill shortfalls in the Denver 

hospital construction project, the Committees have difficulty discerning the strategic funding plans that remain for VA green energy management. 

Budget presentation.—The conferees have found the current 

budget presentation for Medical Facilities distressingly difficult to 

interpret. The conferees direct VA in the fiscal year 2018 budget 

submission and in future years to include a list of the projects that 

are funded in the request, with the project’s Strategic Capital Investment Priorities score identified. Recognizing that the list of 

funded projects may change during the course of the year, VA is 

directed to provide quarterly updates to the Committees that identify any changes to the list provided in the budget. 


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MEDICAL AND PROSTHETIC RESEARCH

The conference agreement provides $675,366,000 for Medical 

and Prosthetic Research, available until September 30, 2018. Bill 

language is included to ensure that the Secretary allocates adequate funding for research on gender-appropriate prosthetics and 

toxic exposures. 

Gulf War symptoms study.—The conferees are aware that on 

March 23, 2015, VA contracted with the Institute of Medicine to 

fulfill the mandated Gulf War and post-9/11 veterans report as required by Public Law 110–389 and that VA is now in receipt of the 

report. The conferees direct the Department to review the report in 

an expeditious manner and transmit it to the appropriate congressional committees of jurisdiction not later than 60 days after the 

beginning of fiscal year 2017. 

New research areas.—As indicated in the House report, the 

conferees encourage VA to create a Center of Innovation for research support and use as candidates for initial research 

hyperbaric oxygen therapy and magnetic EEG/EKG-guided resonance therapy. 

Study on toxic exposures.—The conferees are aware the Department is finalizing a contract with the National Academies of 

Sciences, Engineering, and Medicine (NASEM) to assess the current research available on possible generational health effects that 

may be the result of toxic exposures experienced by veterans. The 

conferees are aware NASEM will also assess areas requiring further scientific study on the descendants of veterans with toxic exposures. In addition, NASEM will further assess the scope and methodology required to conduct research on such descendants to identify current or possible health effects in the veterans’ descendants. 

The study will be similar to what is directed in the Senate report. 

The Committees have been provided a detailed list of the scope of 

the study and are aware the contract is to be awarded in fiscal 

year 2017. The conferees intend to monitor the award of this contract closely and expect the Department to finalize the award, as 

summarized above and presented to the Committees. 

NATIONAL CEMETERY ADMINISTRATION

The conference agreement provides $286,193,000 for the National Cemetery Administration (NCA). Of the amount provided, 

not to exceed 10 percent is available until September 30, 2018. 

Rural veterans burial initiative.—The Department is directed 

to submit to the Committees not later than the beginning of fiscal 

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

such initiative. 

DEPARTMENTAL ADMINISTRATION

GENERAL ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $345,391,000 for General 

Administration. Of the amount provided, not to exceed 5 percent is 


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available for obligation until September 30, 2018. The agreement 

continues to include bill language in section 233 permitting the 

transfer of funds from this account to General Operating Expenses, 

Veterans Benefits Administration. 

The conference agreement provides $10,545,000 for the Office 

of the Secretary. The recommendation fully supports and provides 

the requested amounts in fiscal year 2017 for the Center for FaithBased and Neighborhood Partnerships, the Center for Minority 

Veterans, the Center for Women Veterans, and the Office of Survivors Assistance. The Office of Government Relations is funded at 

$9,146,000, to include not more than $5,900,000 for functions previously conducted by the Office of Congressional and Legislative Affairs. 

Within the amounts made available for General Administration, not less than an additional $1,500,000 shall be specifically reserved for the hiring of Veterans Integrated Service Network 

(VISN) directors; these amounts shall supplement and not supplant 

amounts included in the budget request for the hiring of VISN directors. Savings below the requested level for the Office of Congressional and Legislative Affairs function and the immediate Office of 

the Secretary have been repurposed for this initiative, consistent 

with direction in the Senate report. 

Improving the veterans’ experience at VA.—The conferees note 

the Secretary is undertaking a major effort to better understand 

the myriad of ways veterans and eligible dependents interact with 

VA and then to measurably improve the veterans experience at the 

point of service delivery. The current customer experience when 

interacting with the Department is disjointed, inconsistent, and all 

too often frustrating for the veteran. For example, the VA has over 

500 veteran-facing websites and almost a thousand 1–800 numbers 

for veterans to contact VA. To make matters worse, there is no consistent, VA-wide performance standard for the many call centers 

VA operates. In addition, the current process for training and integrating staff at VA is sorely lacking and not on par with commercial equivalents, particularly when it comes to front-line staff who 

directly interface with veterans. Also, many of VA’s business processes (for example, compensation and pension exams) are built to 

be internal-facing instead of built to put the veteran at the center 

of the process. The sum of all these limitations has a direct impact 

on veterans. For example, only 47 percent of veterans surveyed 

marked ‘‘strongly agree or agree’’ with this statement: ‘‘I trust VA 

to fulfill our country’s commitment to veterans.’’ The conferees believe VA can and should redesign, measure, and improve the way 

VA provides services to veterans nationwide, and note with interest 

the recent efforts by the Secretary to do that. The conferees are interested in the metrics and data the Department has promised it 

can provide that will show an increase in veteran satisfaction resulting from the efforts the Secretary’s office has put into place 

over the past year intending to improve the veteran experience. 

The Department is directed to report quarterly to the Committees 

metrics and data that show improvement in customer satisfaction, 

the veterans experience, and employee training. The conferees did 

not provide a direct appropriation for this effort in fiscal year 2017; 


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however, the Department is able and expected to continue improving the veterans experience. 

Financial management system.—The conference agreement in- cludes $8,000,000 in this account as well as $44,300,000 in the Information Technology Systems account for development of a new financial management system. The Department has dithered for 

years in replacing its antiquated legacy system and suffered the 

consequences of a near meltdown in the hospital system in 2015 

when obligations could not be correctly reported. The conferees 

urge VA to make a decision in fiscal year 2016 to replace its inadequate system with a 21st century product so that the Committees 

can rely on financial information from VA and VA can manage its 

obligations. 

VA Patient Protection Act of 2016.—The conferees remain concerned about reports of retaliation against whistleblowers within 

the Department across the Nation. VA has promised to foster a culture of openness by encouraging employees to report cases of 

wrongdoing, yet there continue to be reports that after bringing to 

light cases of wrongdoing, the whistleblowers become subjects of retaliation. The conferees note VA must create an environment that 

allows employees to openly and safely advocate on behalf of veterans, consistent with direction in the Senate report. The conference agreement includes bill language in section 247 that comprehensively addresses the creation of a formal process for whistleblowers to file disclosures when operations within the Department 

fail to meet the high standards of care and service veterans deserve. Section 247 establishes a Central Whistleblower Office designed as an independent investigatory body to process VA employee complaints, which will ensure whistleblower disclosures receive the prompt, impartial attention deserved. Section 247 defines 

what actions constitute prohibited retaliation against whistleblowers, sets forth a process under which supervisors will be punished for handling disclosures inappropriately, and requires VA supervisors to be evaluated on their handling of whistleblower complaints. Further, section 247 requires the Department to report annually to the Committees on the number of whistleblower complaints received and their outcomes and to provide the results of 

Office of Special Counsel investigations related to whistleblower 

complaints. 

Quarterly reporting.—In section 218 of the conference agreement, the conferees continue to direct VA to provide on a quarterly 

basis, not later than 30 days after the end of each quarter, a quarterly financial status report that includes, at a minimum, the information identified in this paragraph. Such information shall include: 

1. VHA obligations and collections for the four Medical Care 

accounts, Nonrecurring Maintenance (as a non-add), Medical Research, the VA–DOD Facility Demonstration Fund, and Medical 

Care Collections Fund (MCCF) collections—actual to date versus 

plan; 

2. Updated ‘VA Medical Care Obligations by Program’ chart 

displayed in the fiscal year 2017 budget justification; 

3. Choice Act obligations for sections 801 and 802—actual to 

date versus plan; 


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4. Hepatitis C obligations, amounts funded through appropriations versus Choice Act, both sources actual to date versus plan; 

5. Cumulative tracking of all transfers made under any authority, including each transfer within the Medical Care appropriations 

accounts; 

6. General Administration obligations—personal services 

versus all other—actual to date versus plan; 

7. Board of Veterans Appeals obligations—personal services 

versus all other—actual to date versus plan; 

8. VBA, GOE obligations—personal services versus all other— 

actual to date versus plan; 

9. Compensation and Pensions, Readjustment Benefits, and 

Veterans Insurance and Indemnities—obligations year-to-date 

versus plan; 

10. NCA obligations—personal services versus all other—actual to date versus plan; 

11. Information Technology Systems obligations—personal 

services versus all other—actual to date versus plan; 

12. Major and Minor Construction obligations—actual to date 

versus plan; 

13. Obligations to date for each Major Construction project, 

broken into design versus construction; and 

14. Status of VA full-time equivalent employment—by Administration/IT and revolving funds—by quarter, actual versus plan. 

BOARD OF VETERANS APPEALS

The conference agreement provides $156,096,000 for the Board 

of Veterans Appeals (BVA), of which not to exceed 10 percent shall 

remain available until September 30, 2018. Bill language is included in section 233 permitting VA to transfer funding between 

this account and the General Operating Expenses, Veterans Benefits Administration account if needed to align funding with the appropriate account to hire staff to address the appeals backlog. 

The conference agreement provides the full budget request in 

recognition of the growing backlog in resolving appeals. However, 

the conferees are skeptical that, without the necessary legislative 

changes proposed by the Administration, VA will be able to make 

a significant dent in the backlog. As one step, the conferees urge 

the Board to hire additional BVA board members. 

Legal assistance.—The conferees request the Board to provide 

a report not later than 90 days after the beginning of fiscal year 

2017 about the possible need for legal assistance by veterans who 

are appealing their ruling from the Veterans Benefits Administration. The report should include information about: (1) the percentage of appellants who receive free legal counsel from veterans service organizations or others versus those who represent themselves 

or have paid legal counsel; (2) the Board’s estimate of unmet legal 

need among appellants; (3) possible mechanisms to provide free 

legal assistance to veterans who do not have and are unable to afford legal assistance; and (4) the legal assistance program provided 

through the U.S. Court of Appeals for Veterans Claims and whether such a program would be appropriate for the Board, including 

a description of program structure and cost. 


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INFORMATION TECHNOLOGY SYSTEMS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $4,278,259,000 for Information Technology (IT) Systems. The agreement identifies separately 

in bill language the funding available for pay ($1,272,548,000); operations and maintenance ($2,534,442,000); and systems development, modernization, and enhancement ($471,269,000). The agreement makes $37,100,000 of pay funding available until the end of 

fiscal year 2018; $180,200,000 of operations and maintenance funding available until the end of fiscal year 2018; and all IT systems 

development, modernization and enhancement funding available 

until the end of fiscal year 2018. 

The conference agreement includes $259,874,000 for VistA 

Evolution, the modernization of the interoperable electronic health 

record (EHR) or any successor program; $143,000,000 in information technology funding for the Veterans Benefits Management 

System which processes disability claims; $19,100,000 for the 

claims appeals modernization effort; $20,000,000 for Section 508 

compliance efforts; $44,300,000 for development of a new VA financial management system; and $370,067,000 for the VA information 

security program, including $125,000,000 for the Cybersecurity 

Strategy Implementation program. 

As with the fiscal year 2013–2016 appropriations Acts, the fiscal year 2017 agreement includes a prohibition on obligation or expenditure of more than 25 percent of fiscal year 2017 funds provided for development, modernization, and enhancement of the 

VistA Evolution EHR or a successor program until the Department 

meets reporting and accountability requirements contained in the 

conference bill language. 

The conference agreement includes language prohibiting the 

obligation of IT development, modernization, and enhancement 

funding until VA submits a certification of the amounts to be obligated, in part or in full, for each development project. 

The conference agreement includes language permitting funding to be transferred among the three IT subaccounts, subject to 

approval from the Committees. 

The conference agreement includes language providing that 

funding may be transferred among development projects or to new 

projects subject to the Committees’ approval. 

The conference agreement provides funding for IT development, modernization, and enhancement for the projects and in the 

amounts specified in the following table: 

INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS 

[in thousands of dollars] 

Project Conference 

Electronic Health Record Interoperability/VLER Health .................................................................................. 17,322 

VistA Evolution or successor EHR program ................................................................................................... 63,339 

Veterans Benefits Management System (VBMS) ........................................................................................... 85,288 

Virtual Lifetime Electronic Record (VLER) ..................................................................................................... 17,857 

Veteran Customer Experience ......................................................................................................................... 73,624 

VHA Research IT Support Development ......................................................................................................... 15,066 


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INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS—Continued 

[in thousands of dollars] 

Project Conference 

Other IT Systems Development ...................................................................................................................... 198,773 

Total, All Development .......................................................................................................................... $471,269 

This table is intended to serve as the Department’s approved 

list of development projects; any requested changes are subject to 

reprogramming requirements. 

Appointment scheduling.—For more than a decade, VA has 

spent millions in an attempt to replace its antiquated scheduling 

system. VA has begun to fix some of the worst problems in the system with its rollout of VistA Scheduling Enhancement (VSE). But 

further efforts to modernize scheduling have been put on hold until 

VA makes a decision about what direction to take with modernizing the electronic health record. The conferees understand the 

need to align the two systems, but are distressed about the further 

delays in the implementation of both. The conferees expect that VA 

will finalize its strategic approach for both the electronic health 

record and scheduling before the end of fiscal year 2016. 

Expenditure plan.—The conference agreement directs the Department to continue to provide an IT expenditure plan to the 

Committees not later than the start of fiscal year 2017, as indicated in both the House and Senate reports. This plan should be 

in the same format as the table above. 

Periodic briefings.—The conferees continue to require VA to 

provide quarterly briefings to the Committees regarding schedule, 

milestones, and obligations for VistA Evolution or any successor 

program. The conferees also require quarterly briefings from the 

DOD/VA Interagency Program Office on the EHR interoperability 

project. 

Data matching with the Department of Education.—The conferees urge VA to establish a matching program with the Department of Education to identify veterans who are unemployable due 

to a service-connected disability. Under current law, veterans who 

have been determined by VA to be unemployable due to a serviceconnected disability are also eligible for student loan forgiveness. 

However, given the complexity of the loan discharge process and 

the seeming lack of communication between the Departments of 

Veterans Affairs and Education, disabled veterans would stand to 

benefit from greater coordination between the two Departments. 

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $160,106,000 for the Office 

of Inspector General (OIG). Of the amount provided, not to exceed 

10 percent is available for obligation until September 30, 2018. The 

conference agreement directs that the OIG should post publicly any 

report or audit not later than 3 days after it is submitted to the 

Secretary in final form. 


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CONSTRUCTION, MAJOR PROJECTS

The conference agreement provides $528,110,000 for Construction, Major Projects, which is the same as the budget request. The 

agreement makes this funding available for five years, except that 

$50,000,000 is made available until expended. 

Outside project management.—To ensure the Department will 

never again mishandle public funds on a construction project in the 

manner and to the degree the Denver VA Medical Center in Aurora, CO, was mismanaged, the conference agreement directs that 

$222,620,000 for Veterans Health Administration major construction projects shall not be available until the Department enters 

into an agreement with a non-Department of Veterans Affairs Federal entity to serve as the design and/or construction agent for each 

major construction project with a total estimated cost of 

$100,000,000 or above. The conference agreement makes the funding available for obligation for each project only after VA certifies 

that the agreement with the non-Department Federal entity is in 

effect for that project. The two VHA projects affected by the fencing 

provision are in Reno, Nevada, and Long Beach, California. The requirement to contract with an outside agent for major construction 

projects was also mandated in Section 502 of the Department of 

Veterans Affairs Expiring Authorities Act of 2015 (Public Law 114– 

58), enacted on September 30, 2015. The law contemplates that the 

non-Department Federal entity will provide management over all 

or part of the project design, acquisition, construction, and appropriate contract changes, and the Department will reimburse the entity for all appropriate costs associated with the provision of such 

services. 

The conference agreement funds the following items as requested in the budget submission: 

CONSTRUCTION, MAJOR PROJECTS 

[in thousands of dollars] 

Location and description Conference 

Agreement 

Veterans Health Admin. (VHA): 

Long Beach, CA, seismic corrections for mental health and community living center ...................... $30,200 

Reno, NV, upgrade seismic, life safety, utilities, and expand clinical services ................................. 192,420 

Advance Planning and Design Fund—various locations ..................................................................... 65,000 

Major Construction staff—various locations ................................................................................................ 24,000 

Claims Analysis—various locations .............................................................................................................. 5,000 

Hazardous Waste—various locations ............................................................................................................ 10,000 

Judgment Fund—various locations ............................................................................................................... 9,000 

Non-Dept. Fed. Entity Project Management Support ..................................................................................... 49,490 

Total VHA ............................................................................................................................................... 385,110 

National Cemetery Admin. (NCA): 

Elmira, NY—new national cemetery—Western NY .............................................................................. 36,000

Las Animas, CO—new national cemetery—Southern CO ................................................................... 36,000 

Jacksonville, FL—gravesite expansion ................................................................................................. 24,000 

South Florida, FL —gravesite expansion ............................................................................................. 31,000 

Advance Planning and Design Fund—various locations ..................................................................... 10,000 

Total NCA ...................................................................................................................................... 137,000 

General Admin.: 

Staff Offices Advance Planning Fund ................................................................................................... 6,000 


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CONSTRUCTION, MAJOR PROJECTS—Continued 

[in thousands of dollars] 

Location and description Conference 

Agreement 

Major Construction total .............................................................................................................. $528,110 

Major construction budget justification documents.—The conferees reiterate their concerns regarding the budget justifications 

submitted for projects funded in this account. The congressional 

budget justification materials that accompany the President’s 

Budget require a greater level of detail to enhance oversight of the 

Department’s major construction projects. Therefore, the conference 

agreement includes a new administrative provision section 258, requiring the Department to submit enhanced budget justification 

documents for projects for which funds are requested. Pursuant to 

section 258, such justifications shall include, at a minimum, the following elements for all major construction projects: 

1. Project description, to include phases (if applicable) delineated by fiscal year, funding for each phase by fiscal year, and a 

detailed description of what that funding procures; 

2. Project justification and analysis of benefits; 

3. A comparison of budget authority with the prior year’s President’s Budget for budget authority already received and needed in 

future years; 

4. A justification of any cost, schedule, or design change from 

prior years; 

5. Total estimated cost with a detailed breakout by design, construction (differentiated by primary and support facilities), and operating costs; 

6. A complete project schedule to include dates indicating design start, 35 percent design completion, award of construction documents, design completion, award of construction contract, and estimated construction completion; 

7. Design contract type; 

8. An analysis of alternatives with associated costs; 

9. Demographic data; and 

10. Workload data. 

The Department is directed to submit this information in a format resembling the Department of Defense form 1391 (DD 1391). 

In addition, language is included requiring the Department to submit a proposed budget justification template that complies with 

this requirement to the Committees within 45 days of enactment 

of this Act. 

Alternative sources of construction funding.—The conferees are 

aware of the budget challenges with new facility construction at 

VA. The conferees are pleased that VA has begun to work with the 

private sector in developing public-private partnerships (P3). P3 

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


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CONSTRUCTION, MINOR PROJECTS

The conference agreement provides $372,069,000 for Construction, Minor Projects. The agreement makes this funding available 

for five years. Included within the total is $285,000,000 for the Veterans Health Administration; $56,890,000 for the National Cemetery Administration; $20,000,000 for the Veterans Benefits Administration; and $10,179,000 for General Administration—Staff Offices. 

Expenditure Plan.—The conference agreement includes a directive for the Department to provide an expenditure plan not later 

than 30 days after the beginning of the fiscal year, as provided in 

the Senate report. This expenditure plan shall include a complete 

list of minor construction projects to be supported with the fiscal 

year 2017 appropriation. The plan shall be updated six months and 

twelve months after enactment. 

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

The conference agreement provides $90,000,000 for Grants for 

Construction of State Extended Care Facilities, to remain available 

until expended. 

GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

The conference agreement provides $45,000,000 for Grants for 

Construction of Veterans Cemeteries, to remain available until expended. 

ADMINISTRATIVE PROVISIONS 

(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

The conference agreement includes section 201 allowing for 

transfer of funds among the three mandatory accounts. 

The conference agreement includes section 202 allowing for the 

transfer of funds among the four medical accounts. 

The conference agreement includes section 203 allowing salaries and expenses funds to be used for related authorized purposes. 

The conference agreement includes section 204 restricting the 

accounts that may be used for the acquisition of land or the construction of any new hospital or home. 

The conference agreement includes section 205 limiting the use 

of funds in the Medical Services account only for entitled beneficiaries unless reimbursement is made to the Department. 

The conference agreement includes section 206 allowing for the 

use of certain mandatory appropriations accounts for payment of 

prior year accrued obligations for those accounts. 

The conference agreement includes section 207 allowing the 

use of appropriations available in this title to pay prior year obligations. 

The conference agreement includes section 208 allowing the 

Department to use surplus earnings from the National Service Life 

Insurance Fund, the Veterans’ Special Life Insurance Fund, and 

the United States Government Life Insurance Fund to administer 

these programs. 


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The conference agreement includes section 209 allowing the 

Department to cover the administrative expenses of enhanced-use 

leases and provides authority to obligate these reimbursements in 

the year in which the proceeds are received. 

The conference agreement includes section 210 limiting the 

amount of reimbursement the Office of Resolution Management 

and the Office of Employment Discrimination Complaint Adjudication can charge other offices of the Department for services provided. 

The conference agreement includes section 211 requiring the 

Department to collect third-party payer information for persons 

treated for a non-service-connected disability. 

The conference agreement includes section 212 allowing for the 

use of enhanced-use leasing revenues for Construction, Major 

Projects and Construction, Minor Projects. 

The conference agreement includes section 213 outlining authorized uses for Medical Services funds. 

The conference agreement includes section 214 allowing for 

funds deposited into the Medical Care Collections Fund to be transferred to the Medical Services and Medical Community Care accounts. 

The conference agreement includes section 215 which allows 

Alaskan veterans to use medical facilities of the Indian Health 

Service or tribal organizations. 

The conference agreement includes section 216 permitting the 

transfer of funds from the Department of Veterans Affairs Capital 

Asset Fund to the Construction, Major Projects and Construction, 

Minor Projects accounts and makes those funds available until expended. 

The conference agreement includes section 217 rescinding $7,246,181,000 of fiscal year 2017 Medical Services funds that were 

provided in advance. This funding is now provided through the 

Medical Community Care account. 

The conference agreement includes section 218 requiring the 

Secretary to submit financial status quarterly reports for each of 

the Administrations in the Department. The specific data requested is similar to that requested in the fiscal year 2016 conference report. 

The conference agreement includes section 219 requiring the 

Department to notify and receive approval from the Committees of 

any proposed transfer of funding to or from the Information Technology Systems account and limits the aggregate annual increase 

in the account to no more than 10 percent of the funding appropriated to the account in this Act. 

The conference agreement includes section 220 prohibiting any 

funds from being used in a manner that is inconsistent with statutory limitations on outsourcing. 

The conference agreement includes section 221 providing up to 

$274,731,000 of fiscal year 2017 funds for transfer to the Joint 

DOD–VA Medical Facility Demonstration Fund. 

The conference agreement includes section 222 which permits 

up to $280,802,000 of fiscal year 2018 medical care funding provided in advance to be transferred to the Joint DOD–VA Medical 

Facility Demonstration Fund. 


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The conference agreement includes section 223 which authorizes transfers from the Medical Care Collections Fund to the Joint 

DOD–VA Medical Facility Demonstration Fund. 

The conference agreement includes section 224 which transfers 

at least $15,000,000 from VA medical accounts to the DOD–VA 

Health Care Sharing Incentive Fund. 

The conference agreement includes section 225 prohibiting 

funds available to the Department in this or any other Act from 

being used to replace the current system by which VISNs select 

and contract for diabetes monitoring supplies and equipment. 

The conference agreement includes section 226 requiring that 

the Department notify the Committees of bid savings in a major 

construction project of at least $5,000,000, or 5 percent, whichever 

is less, 14 days prior to the obligation of the bid savings and their 

anticipated use. 

The conference agreement includes section 227 which prohibits 

VA from increasing the scope of work for a major construction 

project above the scope specified in the original budget request unless the Secretary receives approval from the Committees. 

The conference agreement includes section 228 requiring a 

quarterly report from each VBA regional office on pending disability claims, both initial and supplemental; error rates; the number of claims processing personnel; corrective actions taken; training programs; and review team audit results. 

The conference agreement includes section 229 limiting the 

funding from the Medical Services and Medical Support and Compliance accounts for the electronic health record and electronic 

health record interoperability projects. 

The conference agreement includes section 230 requiring VA to 

notify the Committees 15 days prior to any staff office relocations 

within VA of 25 or more FTE. 

The conference agreement includes section 231 requiring the 

Secretary to report to the Committees each quarter about any single national outreach and awareness marketing campaign exceeding $2,000,000. 

The conference agreement includes section 232 permitting the 

transfer to the Medical Services account of fiscal year discretionary 

2017 funds appropriated in this Act or available from advance fiscal year 2017 funds already appropriated, except for funds appropriated to General Operating Expenses, VBA, to address possible 

unmet, high priority needs in Medical Services. Such unanticipated 

demands may result from circumstances such as a greater than 

projected number of enrollees or higher intensity of use of benefits. 

Any such transfer requires the approval of the Committees. 

The conference agreement includes section 233 permitting the 

transfer of funding between the General Operating Expenses, Veterans Benefits Administration account and the Board of Veterans 

Appeals account if necessary to permit the hiring of staffing at the 

appropriate stage of the appeals process to address mounting 

claims appeals workload. Any such transfer requires the approval 

of the Committees. 

The conference agreement includes section 234 prohibiting the 

Secretary from reprogramming funds in excess of $5,000,000 


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among major construction projects or programs unless the reprogramming is approved by the Committees. 

The conference agreement includes section 235 rescinding 

$40,000,000 in unobligated balances in the DOD–VA Health Care 

Sharing Incentive Fund. 

The conference agreement includes sections 236 and 237 making general rescissions of $169,000,000 in fiscal year 2017 advance 

appropriations and reductions of $23,000,000 in fiscal year 2017 

current funded appropriations. 

The conference agreement includes section 238 mandating certain professional standards for the veterans crisis hotline. 

The conference agreement includes section 239 pertaining to 

certification of marriage and family therapists. 

The conference agreement includes section 240 restricting 

funds from being used to close certain medical facilities in the absence of a national realignment strategy. 

The conference agreement includes section 241 which prohibits 

funds from being used to transfer funding from the Filipino Veterans Equity Compensation Fund to any other VA account. 

The conference agreement includes section 242 which provides 

an extension through fiscal year 2017 of the Access Received Closer 

to Home (ARCH) program. 

The conference agreement includes section 243 which ends a 

co-payment requirement for opioid antagonists and supports education on the use of opioid antagonists. 

The conference agreement includes section 244 requiring the 

VA Inspector General to make public all work products. 

The conference agreement includes section 245 permitting 

funding to be used in fiscal years 2017 and 2018 to carry out and 

expand the child care pilot program authorized by section 205 of 

Public Law 111–163. 

The conference agreement includes section 246 making mandatory the reporting to State prescription drug monitoring programs. 

The conference agreement includes section 247 which includes 

the text of the VA Patient Protection Act of 2016 addressing protections for VA whistleblowers. 

The conference agreement includes section 248 identifying information which may be used to verify the status of coastwise merchant seamen who served during World War II for the purposes of 

eligibility for medals, ribbons, or other military decorations. 

The conference agreement includes section 249 providing 

monthly assistance allowances for disabled veterans competing on 

United States Olympic teams. 

The conference agreement includes section 250 which provides 

coverage under the VA beneficiary travel program for certain types 

of special disabilities rehabilitation. 

The conference agreement includes section 251 which requires 

VA to conduct annual inspections of kitchens and food service areas 

of each medical facility, through the Joint Commission on Accreditation of Hospital Organizations, with required remediation if necessary. 

The conference agreement includes section 252 which requires 

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cilities through the Joint Commission on Accreditation of Hospital 

Organizations, along with required remediation if necessary. 

The conference agreement includes section 253 reinstating the 

requirement for a report on the capacity of VA to provide for specialized treatment and rehabilitative needs of disabled veterans. 

The conference agreement includes section 254 permitting the 

Secretary to use appropriated funds to ensure particular ratios of 

veterans to full-time employment equivalents within any VA program of rehabilitation. 

The conference agreement includes section 255 indicating that 

no funds available in the Act may be used to deny the Inspector 

General timely access to Department records and documents over 

which the Inspector General has responsibilities under the Inspector General Act of 1978. 

The conference agreement includes section 256 forbidding 

funds to be used to enter into a settlement that would restrict an 

individual’s freedom to speak to Members of Congress or their 

staff. 

The conference agreement includes section 257 providing authority for the Veterans Health Administration to administer the 

National Veterans Sports Program. 

The conference agreement includes section 258 requiring certain data to be included in budget justifications for Major Construction projects. 

The conference agreement includes section 259 which authorizes 8 VA major construction projects that were funded in fiscal 

year 2016. 

The conference agreement includes section 260 allowing the 

use of Medical Services funding for fertility treatment and adoption 

reimbursement for veterans and their spouses if the veteran has a 

service-connected disability that results in being unable to procreate without such fertility treatment. 

The Secretary of Veterans Affairs shall develop and publish 

implementing guidance within 120 days of enactment of this Act. 

The implementing guidance developed by the Secretary shall not be 

materially different from, and in no way more expansive than, the 

implementing guidance promulgated by the Department of Defense 

in the April 3, 2012 memorandum from the Assistant Secretary of 

Defense (Health Affairs) entitled ‘‘Policy for Assisted Reproductive 

Services for the Benefit of Seriously or Severly Ill/Injured (Category 

II or III) Active Duty Service Members’’. 

TITLE III—RELATED AGENCIES 

AMERICAN BATTLE MONUMENTS COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $75,100,000 for Salaries 

and Expenses of the American Battle Monuments Commission 

(ABMC), as requested. 

The conferees appreciate and support the meaningful work of 

the ABMC to preserve commemorative and historical sites and to 

educate the public about the United States Armed Forces. The conferees further recognize the critical role that African Americans 


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and other minorities played during World War II. The conferees 

urge the ABMC to partner with Department of Defense historians 

to ensure that these servicemembers and support staff are properly 

recognized at ABMC sites. Further, the conferees direct the ABMC 

to appropriately incorporate the contributions of African Americans 

and other minorities into ABMC’s interpretive exhibits and on the 

ABMC website. 

FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

The conference agreement includes such sums as necessary for 

the Foreign Currency Fluctuations Account. However, due to favorable exchange rates, no funds are expected to be required in fiscal 

year 2017. 

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SALARIES AND EXPENSES

The conference agreement includes $30,945,000 for Salaries 

and Expenses for the United States Court of Appeals for Veterans 

Claims, as requested. 

DEPARTMENT OF DEFENSE—CIVIL

CEMETERIAL EXPENSES, ARMY

SALARIES AND EXPENSES

The conference agreement includes $70,800,000 for Cemeterial 

Expenses, Army—Salaries and Expenses, as requested. Within that 

amount, up to $15,000,000 in funding is available until September 

30, 2019. 

ARMED FORCES RETIREMENT HOME TRUST FUND

The conference agreement includes a total of $64,300,000 for 

the Armed Forces Retirement Home (AFRH), as requested, but 

does not provide the funds in the manner requested. The agreement does not include the indefinite transfer of an estimated 

$22,000,000 in funds from the Department of Defense (DOD), Operations and Maintenance, Defense-Wide Account, as requested. Instead, the conference agreement directs that $42,300,000 be derived from the Trust Fund and $22,000,000 be provided from the 

General Fund to support AFRH operations. 

Trust Fund Solvency.—The conferees are disappointed the Department of Defense did not include with the fiscal year 2017 budget request legislative proposals and administrative actions that can 

be taken under current law in order to achieve Trust Fund solvency in spite of clear direction to do so in the Explanatory Statement accompanying Public Law 114–113, the Consolidated Appropriations Act, 2016. Both legislative and administrative actions are 

necessary to improve Trust Fund solvency, eliminate AFRH’s reliance on the General Fund, and maintain the high-quality services 

provided to AFRH residents. The conferees again direct DOD, 

working with AFRH, to take appropriate administrative action and 

to develop and submit proposed authorizing language with the fiscal year 2018 budget request that addresses the issue of Trust 


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Fund solvency. In addition, AFRH is directed to regularly report to 

the Committees on efforts to stabilize the Trust Fund and to lease 

its property at the Washington, D.C. facility. 

Study Findings and Proposals.—AFRH’s budget request notes 

that DOD has undertaken an in-depth study to develop mid-term 

and long-term plans to improve Trust Fund solvency. The study 

also includes an analysis of AFRH operations to include 

benchmarking and to identify potential legislative changes to revise 

AFRH’s funding model. The Committees request further information from DOD regarding the study, including a report on its cost, 

scope of work, deliverables, and timeline, and requests a briefing 

on the findings and resulting proposals. The conferees are troubled 

that the study’s statement of work seems to be focused on cuts to 

core AFRH operations as a means of achieving Trust Fund solvency. The conference agreement directs that AFRH and the Department of Defense submit by October 1, 2016, a proposal that ensures the long-term sustainability of the Trust Fund by replenishing the Trust Fund’s revenues, not by cutting core AFRH operations. 

ADMINISTRATIVE PROVISIONS 

The conference agreement includes section 301 permitting 

funds to be provided to Arlington County, Virginia, for the relocation of a water main located on the Arlington National Cemetery 

property. 

The conference agreement includes section 302 allowing Arlington National Cemetery to deposit and use funds derived from 

concessions. 

TITLE IV—OVERSEAS CONTINGENCY OPERATIONS 

DEPARTMENT OF DEFENSE

The conference agreement includes title IV, Overseas Contingency Operations, for military construction projects related to the 

Global War on Terrorism, the European Reassurance Initiative and 

Counterterrorism Support that were requested by the Administration in the Fiscal Year 2017 Overseas Contingency Operations 

budget request. 

MILITARY CONSTRUCTION, ARMY

The conference agreement includes $18,900,000 for ‘‘Military 

Construction, Army’’, as requested in the Fiscal Year 2017 Overseas Contingency Operations budget request, for planning and design in support of the European Reassurance Initiative. 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

The conference agreement includes $59,809,000 for ‘‘Military 

Construction, Navy and Marine Corps’’, as requested in the Fiscal 

Year 2017 Overseas Contingency Operations budget request, of 

which $21,400,000 is in support of the European Reassurance Initiative and $38,409,000 is in support of Overseas Contingency Operations. 


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MILITARY CONSTRUCTION, AIR FORCE

The conference agreement includes $88,291,000 for ‘‘Military 

Construction, Air Force’’, as requested in the Fiscal Year 2017 

Overseas Contingency Operations budget request, of which 

$68,280,000 is in support of the European Reassurance Initiative, 

$11,440,000 is in support of Overseas Contingency Operations, and 

$8,571,000 is in support of counterterrorism efforts. 

MILITARY CONSTRUCTION, DEFENSE-WIDE

The conference agreement includes $5,000,000 for ‘‘Military 

Construction, Defense-Wide’’, as requested in the Fiscal Year 2017 

Overseas Contingency Operations budget request, for unspecified 

minor military construction for the Joint Staff in support of the European Reassurance Initiative. 

ADMINISTRATIVE PROVISION

The conference agreement includes section 401 regarding 

emergency designation for the Overseas Contingency Operations 

accounts. 


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TITLE V—GENERAL PROVISIONS 

The conference agreement includes section 501 prohibiting the 

obligation of funds in this Act beyond the current fiscal year unless 

expressly so provided. 

The conference agreement includes section 502 prohibiting the 

use of the funds in this Act for programs, projects, or activities not 

in compliance with Federal law relating to risk assessment, the 

protection of private property rights, or unfunded mandates. 

The conference agreement includes section 503 encouraging all 

Departments to expand their use of ‘‘E-Commerce.’’ 

The conference agreement includes section 504 specifying the 

congressional committees that are to receive all reports and notifications. 

The conference agreement includes section 505 prohibiting the 

transfer of funds to any instrumentality of the United States Government without authority from an appropriations Act. 

The conference agreement includes section 506 prohibiting the 

use of funds for a project or program named for a serving Member, 

Delegate, or Resident Commissioner of the United States House of 

Representatives. 

The conference agreement includes section 507 requiring all reports submitted to Congress to be posted on official web sites of the 

submitting agency. 

The conference agreement includes section 508 prohibiting the 

use of funds to establish or maintain a computer network unless 

such network blocks the viewing, downloading, and exchanging of 

pornography, except for law enforcement investigation, prosecution, 

or adjudication activities. 

The conference agreement includes section 509 prohibiting the 

use of funds for the payment of first-class air travel by an employee 

of the executive branch. 

The conference agreement includes section 510 prohibiting the 

use of funds in this Act for any contract where the contractor has 

not complied with E-Verify requirements. 

The conference agreement includes section 511 prohibiting the 

use of funds in this Act by the Department of Defense or the Department of Veterans Affairs for the purchase or lease of a new vehicle except in accordance with Presidential Memorandum—Federal Fleet Performance, dated May 24, 2011. 

The conference agreement includes section 512 prohibiting the 

use of funds in this Act for the renovation, expansion, or construction of any facility in the continental United States for the purpose 

of housing any individual who has been detained at the United 

States Naval Station, Guantanamo Bay, Cuba. 


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DIVISION B—ZIKA RESPONSE AND PREPAREDNESS 

APPROPRIATIONS 

The conference agreement includes $1,108,094,000 in fiscal 

year 2016 appropriations for Zika response and preparedness. 

These funds will provide the Department of Health and Human 

Services and Department of State, and the U.S. Agency for International Development, with additional resources to combat the 

Zika virus. In addition, the conference agreement includes a rescission of $10,000,000 from unobligated balances of Ebola response 

and preparedness funds under Operating Expenses of the U.S. 

Agency for International Development. 

Within the funds provided for Centers for Disease Control and 

Prevention (CDC), the conferees intend a robust level of funding to 

support mosquito control efforts conducted by State, county, or municipal programs, including mosquito control districts. CDC should 

consider the risk of active or local transmission of the Zika virus 

when allocating such funds. The conferees also encourage the Secretary to update the Healthcare Common Procedure Coding System 

to account for specific coding requirements and adequate reimbursement rates for Zika diagnostic tests recognized by the Food 

and Drug Administration. 

A table displaying additional detail for the funding in division 

B follows. 


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DIVISION C—ZIKA VECTOR CONTROL ACT 

The conference agreement includes the ‘‘Zika Vector Control 

Act’’ as division C. 

DIVISION D—RESCISSIONS OF FUNDS 

The conference agreement includes $750,000,000 in budgetary 

savings for fiscal year 2016, as follows: • $543,000,000 are rescinded from amounts available 

under section 1323(c)(1) of the Patient Protection and Affordable Care Act; • $100,000,000 are rescinded from the Non-recurring expenses fund of the Department of Health and Human Services; 

and • $107,000,000 are rescinded from the unobligated balances of Ebola response and preparedness funds under the 

Economic Support Fund heading. 

HAROLD ROGERS, 

TOM COLE, 

KAY GRANGER, 

CHARLES W. DENT, 

JEFF FORTENBERRY, 

THOMAS J. ROONEY, 

MARTHA ROBY, 

DAVID G. VALADAO, 

Managers on the Part of the House. 

THAD COCHRAN, MARK KIRK, 

MITCH MCCONNELL, 

LISA MURKOWSKI, JOHN HOEVEN, 

SUSAN COLLINS, JOHN BOOZMAN, 

SHELLEY MOORE CAPITO, ROY BLUNT, LINDSEY GRAHAM, Managers on the Part of the Senate. 

Æ 


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