IE 

114TH CONGRESS 

2D SESSION H. R. 5325 

Making appropriations for the Legislative Branch for the fiscal year ending 

September 30, 2017, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 28, 2016 

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

Making appropriations for the Legislative Branch for the 

fiscal year ending September 30, 2017, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Legislative Branch for the fiscal year ending September 

6 30, 2017, and for other purposes, namely: 


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1 TITLE I 

2 LEGISLATIVE BRANCH 

3 HOUSE OF REPRESENTATIVES 

4 SALARIES AND EXPENSES

5 For salaries and expenses of the House of Represent6 atives, $1,189,050,766, as follows: 

7 HOUSE LEADERSHIP OFFICES

8 For salaries and expenses, as authorized by law, 

9 $22,278,891, including: Office of the Speaker, 

10 $6,645,417, including $25,000 for official expenses of the 

11 Speaker; Office of the Majority Floor Leader, $2,180,048, 

12 including $10,000 for official expenses of the Majority 

13 Leader; Office of the Minority Floor Leader, $7,114,471, 

14 including $10,000 for official expenses of the Minority 

15 Leader; Office of the Majority Whip, including the Chief 

16 Deputy Majority Whip, $1,886,632, including $5,000 for 

17 official expenses of the Majority Whip; Office of the Mi18 nority Whip, including the Chief Deputy Minority Whip, 

19 $1,459,639, including $5,000 for official expenses of the 

20 Minority Whip; Republican Conference, $1,505,426; 

21 Democratic Caucus, $1,487,258: Provided, That such 

22 amount for salaries and expenses shall remain available 

23 from January 3, 2017 until January 2, 2018. 


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1 MEMBERS’ REPRESENTATIONAL ALLOWANCES

2 INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL

3 EXPENSES OF MEMBERS, AND OFFICIAL MAIL

4 For Members’ representational allowances, including 

5 Members’ clerk hire, official expenses, and official mail, 

6 $562,632,498. 

7 COMMITTEE EMPLOYEES

8 STANDING COMMITTEES, SPECIAL AND SELECT

9 For salaries and expenses of standing committees, 

10 special and select, authorized by House resolutions, 

11 $127,053,373: Provided, That such amount shall remain 

12 available for such salaries and expenses until December 

13 31, 2018, except that $3,150,200 of such amount shall 

14 remain available until expended for committee room up15 grading. 

16 COMMITTEE ON APPROPRIATIONS

17 For salaries and expenses of the Committee on Ap18 propriations, $23,271,004, including studies and examina19 tions of executive agencies and temporary personal serv20 ices for such committee, to be expended in accordance with 

21 section 202(b) of the Legislative Reorganization Act of 

22 1946 and to be available for reimbursement to agencies 

23 for services performed: Provided, That such amount shall 

24 remain available for such salaries and expenses until De25 cember 31, 2018. 


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1 SALARIES, OFFICERS AND EMPLOYEES

2 For compensation and expenses of officers and em3 ployees, as authorized by law, $181,487,000, including: 

4 for salaries and expenses of the Office of the Clerk, includ5 ing the positions of the Chaplain and the Historian, and 

6 including not more than $25,000 for official representa7 tion and reception expenses, of which not more than 

8 $20,000 is for the Family Room and not more than 

9 $2,000 is for the Office of the Chaplain, $26,268,000; for 

10 salaries and expenses of the Office of the Sergeant at 

11 Arms, including the position of Superintendent of Garages 

12 and the Office of Emergency Management, and including 

13 not more than $3,000 for official representation and re14 ception expenses, $15,505,000, of which $5,618,902 shall 

15 remain available until expended; for salaries and expenses 

16 of the Office of the Chief Administrative Officer including 

17 not more than $3,000 for official representation and re18 ception expenses, $117,165,000, of which $2,120,000 

19 shall remain available until expended; for salaries and ex20 penses of the Office of the Inspector General, $4,963,000; 

21 for salaries and expenses of the Office of the General 

22 Counsel, $1,444,000; for salaries and expenses of the Of23 fice of the Parliamentarian, including the Parliamen24 tarian, $2,000 for preparing the Digest of Rules, and not 

25 more than $1,000 for official representation and reception 


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1 expenses, $1,999,000; for salaries and expenses of the Of2 fice of the Law Revision Counsel of the House, 

3 $3,167,000; for salaries and expenses of the Office of the 

4 Legislative Counsel of the House, $8,979,000; for salaries 

5 and expenses of the Office of Interparliamentary Affairs, 

6 $814,000; and for other authorized employees, 

7 $1,183,000. 

8 ALLOWANCES AND EXPENSES

9 For allowances and expenses as authorized by House 

10 resolution or law, $272,328,000, including: supplies, mate11 rials, administrative costs and Federal tort claims, 

12 $3,625,000; official mail for committees, leadership of13 fices, and administrative offices of the House, $190,000; 

14 Government contributions for health, retirement, Social 

15 Security, and other applicable employee benefits, 

16 $245,334,000, to remain available until March 31, 2018; 

17 Business Continuity and Disaster Recovery, $16,217,000, 

18 of which $5,000,000 shall remain available until expended; 

19 transition activities for new Members and staff 

20 $2,084,000, to remain available until expended; Wounded 

21 Warrior Program $2,500,000, to remain available until 

22 expended; Office of Congressional Ethics, $1,658,000; and 

23 miscellaneous items including purchase, exchange, mainte24 nance, repair and operation of House motor vehicles, 


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1 interparliamentary receptions, and gratuities to heirs of 

2 deceased employees of the House, $720,000. 

3 ADMINISTRATIVE PROVISIONS

4 REQUIRING AMOUNTS REMAINING IN MEMBERS’ REP5 RESENTATIONAL ALLOWANCES TO BE USED FOR

6 DEFICIT REDUCTION OR TO REDUCE THE FEDERAL

7 DEBT

8 SEC. 101. (a) Notwithstanding any other provision 

9 of law, any amounts appropriated under this Act for 

10 ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND

11 EXPENSES—MEMBERS’ REPRESENTATIONAL ALLOW12 ANCES’’ shall be available only for fiscal year 2017. Any 

13 amount remaining after all payments are made under such 

14 allowances for fiscal year 2017 shall be deposited in the 

15 Treasury and used for deficit reduction (or, if there is no 

16 Federal budget deficit after all such payments have been 

17 made, for reducing the Federal debt, in such manner as 

18 the Secretary of the Treasury considers appropriate). 

19 (b) REGULATIONS.—The Committee on House Ad20 ministration of the House of Representatives shall have 

21 authority to prescribe regulations to carry out this section. 

22 (c) DEFINITION.—As used in this section, the term 

23 ‘‘Member of the House of Representatives’’ means a Rep24 resentative in, or a Delegate or Resident Commissioner 

25 to, the Congress. 


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1 DELIVERY OF BILLS AND RESOLUTIONS

2 SEC. 102. None of the funds made available in this 

3 Act may be used to deliver a printed copy of a bill, joint 

4 resolution, or resolution to the office of a Member of the 

5 House of Representatives (including a Delegate or Resi6 dent Commissioner to the Congress) unless the Member 

7 requests a copy. 

8 DELIVERY OF CONGRESSIONAL RECORD

9 SEC. 103. None of the funds made available by this 

10 Act may be used to deliver a printed copy of any version 

11 of the Congressional Record to the office of a Member of 

12 the House of Representatives (including a Delegate or 

13 Resident Commissioner to the Congress). 

14 LIMITATION ON AMOUNT AVAILABLE TO LEASE VEHICLES

15 SEC. 104. None of the funds made available in this 

16 Act may be used by the Chief Administrative Officer of 

17 the House of Representatives to make any payments from 

18 any Members’ Representational Allowance for the leasing 

19 of a vehicle, excluding mobile district offices, in an aggre20 gate amount that exceeds $1,000 for the vehicle in any 

21 month. 

22 LIMITATION ON PRINTED COPIES OF U.S. CODE TO

23 HOUSE

24 SEC. 105. None of the funds made available by this 

25 Act may be used to provide an aggregate number of more 


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1 than 50 printed copies of any edition of the United States 

2 Code to all offices of the House of Representatives. 

3 DELIVERY OF REPORTS OF DISBURSEMENTS

4 SEC. 106. None of the funds made available by this 

5 Act may be used to deliver a printed copy of the report 

6 of disbursements for the operations of the House of Rep7 resentatives under section 106 of the House of Represent8 atives Administrative Reform Technical Corrections Act 

9 (2 U.S.C. 5535) to the office of a Member of the House 

10 of Representatives (including a Delegate or Resident Com11 missioner to the Congress). 

12 DELIVERY OF DAILY CALENDAR

13 SEC. 107. None of the funds made available by this 

14 Act may be used to deliver to the office of a Member of 

15 the House of Representatives (including a Delegate or 

16 Resident Commissioner to the Congress) a printed copy 

17 of the Daily Calendar of the House of Representatives 

18 which is prepared by the Clerk of the House of Represent19 atives. 

20 DELIVERY OF CONGRESSIONAL PICTORIAL DIRECTORY

21 SEC. 108. None of the funds made available by this 

22 Act may be used to deliver a printed copy of the Congres23 sional Pictorial Directory to the office of a Member of the 

24 House of Representatives (including a Delegate or Resi25 dent Commissioner to the Congress). 


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1 ADJUSTMENTS TO COMPENSATION

2 SEC. 109. Notwithstanding any other provision of 

3 law, no adjustment shall be made under section 601(a) 

4 of the Legislative Reorganization Act of 1946 (2 U.S.C. 

5 4501) (relating to cost of living adjustments for Members 

6 of Congress) during fiscal year 2017. 

7 OVERSEAS TRAVEL TO ACCOMPANY MEMBERS OF HOUSE

8 LEADERSHIP

9 SEC. 110. (a) TRAVEL AUTHORIZED.— 

10 (1) IN GENERAL.—A member of the Capitol Po11 lice may travel outside of the United States for offi12 cial duty if— 

13 (A) that travel is with, or in preparation 

14 for, travel of a Member of the House of Rep15 resentatives who holds a position in a House 

16 Leadership Office, including travel of the Mem17 ber as part of a congressional delegation; and 

18 (B) the Sergeant at Arms of the House of 

19 Representatives gives prior approval to the trav20 el of the member of the Capitol Police. 

21 (2) DEFINITIONS.—In this subsection— 

22 (A) the term ‘‘House Leadership office’’ 

23 means an office of the House of Representatives 

24 for which the appropriation for salaries and ex25 penses of the office for the year involved is proVerDate Sep 11 2014 01:31 Sep 29, 2016 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\H5325.PP H5325

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1 vided under the heading ‘‘House Leadership Of2 fices’’ in the act making appropriations for the 

3 Legislative Branch for the fiscal year involved; 

4 (B) the term ‘‘Member of the House of 

5 Representatives’’ includes a Delegate or Resi6 dent Commissioner to the Congress; and 

7 (C) the term ‘‘United States’’ means each 

8 of the several States of the United States, the 

9 District of Columbia, and the territories and 

10 possessions of the United States. 

11 (b) REIMBURSEMENT FROM SERGEANT AT ARMS.— 

12 (1) IN GENERAL.—From amounts made avail13 able for salaries and expenses of the Office of the 

14 Sergeant at Arms of the House of Representatives, 

15 the Sergeant at Arms of the House of Representa16 tives shall reimburse the Capitol Police for the over17 time pay, travel, and related expenses of any mem18 ber of the Capitol Police who travels under the au19 thority of this section. 

20 (2) USE OF AMOUNTS RECEIVED.—Any 

21 amounts received by the Capitol Police for reim22 bursements under paragraph (1) shall be credited to 

23 the accounts established for the general expenses or 

24 salaries of the Capitol Police, and shall be available 

25 to carry out the purposes of such accounts during 


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1 the fiscal year in which the amounts are received 

2 and the following fiscal year. 

3 (c) EFFECTIVE DATE.—This section shall apply with 

4 respect to fiscal year 2017 and each succeeding fiscal year. 

5 JOINT ITEMS 

6 For Joint Committees, as follows: 

7 JOINT ECONOMIC COMMITTEE

8 For salaries and expenses of the Joint Economic 

9 Committee, $4,203,000, to be disbursed by the Secretary 

10 of the Senate. 

11 JOINT COMMITTEE ON TAXATION

12 For salaries and expenses of the Joint Committee on 

13 Taxation, $10,095,000, to be disbursed by the Chief Ad14 ministrative Officer of the House of Representatives. 

15 For other joint items, as follows: 

16 OFFICE OF THE ATTENDING PHYSICIAN

17 For medical supplies, equipment, and contingent ex18 penses of the emergency rooms, and for the Attending 

19 Physician and his assistants, including: 

20 (1) an allowance of $2,175 per month to the 

21 Attending Physician; 

22 (2) an allowance of $1,300 per month to the 

23 Senior Medical Officer; 


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1 (3) an allowance of $725 per month each to 

2 three medical officers while on duty in the Office of 

3 the Attending Physician; 

4 (4) an allowance of $725 per month to 2 assist5 ants and $580 per month each not to exceed 11 as6 sistants on the basis heretofore provided for such as7 sistants; and 

8 (5) $2,780,000 for reimbursement to the De9 partment of the Navy for expenses incurred for staff 

10 and equipment assigned to the Office of the Attend11 ing Physician, which shall be advanced and credited 

12 to the applicable appropriation or appropriations 

13 from which such salaries, allowances, and other ex14 penses are payable and shall be available for all the 

15 purposes thereof, $3,838,000, to be disbursed by the 

16 Chief Administrative Officer of the House of Rep17 resentatives. 

18 OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES

19 SALARIES AND EXPENSES

20 For salaries and expenses of the Office of Congres21 sional Accessibility Services, $1,429,000, to be disbursed 

22 by the Secretary of the Senate. 


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1 CAPITOL POLICE 

2 SALARIES

3 For salaries of employees of the Capitol Police, in4 cluding overtime, hazardous duty pay, and Government 

5 contributions for health, retirement, social security, pro6 fessional liability insurance, and other applicable employee 

7 benefits, $325,300,000 of which overtime shall not exceed 

8 $35,305,000 unless the Committee on Appropriations of 

9 the House and Senate are notified, to be disbursed by the 

10 Chief of the Capitol Police or his designee. 

11 GENERAL EXPENSES

12 For necessary expenses of the Capitol Police, includ13 ing motor vehicles, communications and other equipment, 

14 security equipment and installation, uniforms, weapons, 

15 supplies, materials, training, medical services, forensic 

16 services, stenographic services, personal and professional 

17 services, the employee assistance program, the awards pro18 gram, postage, communication services, travel advances, 

19 relocation of instructor and liaison personnel for the Fed20 eral Law Enforcement Training Center, and not more 

21 than $5,000 to be expended on the certification of the 

22 Chief of the Capitol Police in connection with official rep23 resentation and reception expenses, $66,000,000, to be 

24 disbursed by the Chief of the Capitol Police or his des25 ignee: Provided, That, notwithstanding any other proviVerDate Sep 11 2014 01:31 Sep 29, 2016 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6401 E:\BILLS\H5325.PP H5325

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1 sion of law, the cost of basic training for the Capitol Police 

2 at the Federal Law Enforcement Training Center for fis3 cal year 2017 shall be paid by the Secretary of Homeland 

4 Security from funds available to the Department of Home5 land Security. 

6 ADMINISTRATIVE PROVISION

7 AUTHORITY TO DISPOSE OF FORFEITED AND ABANDONED

8 PROPERTY AND TO ACCEPT SURPLUS OR OBSOLETE

9 PROPERTY OFFERED BY OTHER FEDERAL AGENCIES

10 SEC. 1001. (a) Section 1003(a) of the Legislative 

11 Branch Appropriations Act, 2003 (2 U.S.C. 1906(a)) is 

12 amended by striking ‘‘surplus or obsolete property of the 

13 Capitol Police’’ and inserting the following: ‘‘surplus or 

14 obsolete property of the Capitol Police, and property which 

15 is in the possession of the Capitol Police because it has 

16 been disposed, forfeited, voluntarily abandoned, or un17 claimed,’’. 

18 (b) Upon notifying the Committees of Appropriations 

19 of the House of Representatives and Senate, the United 

20 States Capitol Police may accept surplus or obsolete prop21 erty offered by another Federal department, agency, or of22 fice. 

23 (c) This section and the amendment made by this sec24 tion shall apply with respect to fiscal year 2017 and each 

25 succeeding fiscal year. 


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1 OFFICE OF COMPLIANCE 

2 SALARIES AND EXPENSES

3 For salaries and expenses of the Office of Compli4 ance, as authorized by section 305 of the Congressional 

5 Accountability Act of 1995 (2 U.S.C. 1385), $3,959,000, 

6 of which $450,000 shall remain available until September 

7 30, 2018: Provided, That not more than $500 may be ex8 pended on the certification of the Executive Director of 

9 the Office of Compliance in connection with official rep10 resentation and reception expenses. 

11 CONGRESSIONAL BUDGET OFFICE 

12 SALARIES AND EXPENSES

13 For salaries and expenses necessary for operation of 

14 the Congressional Budget Office, including not more than 

15 $6,000 to be expended on the certification of the Director 

16 of the Congressional Budget Office in connection with offi17 cial representation and reception expenses, $46,500,000. 

18 ADMINISTRATIVE PROVISION

19 ESTABLISHMENT OF SENIOR LEVEL POSITIONS

20 SEC. 1101. (a) Notwithstanding the fourth sentence 

21 of section 201(b) of the Congressional Budget and Im22 poundment Control Act of 1974 (2 U.S.C. 601(b)), the 

23 Director of the Congressional Budget Office may establish 

24 and fix the compensation of senior level positions in the 


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1 Congressional Budget Office to meet critical scientific, 

2 technical, professional, or executive needs of the Office. 

3 (b) LIMITATION ON COMPENSATION.—The annual 

4 rate of pay for any position established under this section 

5 may not exceed the annual rate of pay for level II of the 

6 Executive Schedule. 

7 (c) EFFECTIVE DATE.—This section shall apply with 

8 respect to fiscal year 2017 and each succeeding fiscal year. 

9 ARCHITECT OF THE CAPITOL 

10 CAPITAL CONSTRUCTION AND OPERATIONS

11 For salaries for the Architect of the Capitol, and 

12 other personal services, at rates of pay provided by law; 

13 for all necessary expenses for surveys and studies, con14 struction, operation, and general and administrative sup15 port in connection with facilities and activities under the 

16 care of the Architect of the Capitol including the Botanic 

17 Garden; electrical substations of the Capitol, Senate and 

18 House office buildings, and other facilities under the juris19 diction of the Architect of the Capitol; including fur20 nishings and office equipment; including not more than 

21 $5,000 for official reception and representation expenses, 

22 to be expended as the Architect of the Capitol may ap23 prove; for purchase or exchange, maintenance, and oper24 ation of a passenger motor vehicle, $88,542,234 (reduced 

25 by $100,000) (increased by $100,000) (reduced by 


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1 $500,000), of which $5,268,000 shall remain available 

2 until September 30, 2021. 

3 CAPITOL BUILDING

4 For all necessary expenses for the maintenance, care 

5 and operation of the Capitol, $33,005,499 (increased by 

6 $250,000), of which $9,005,499 shall remain available 

7 until September 30, 2021. 

8 CAPITOL GROUNDS

9 For all necessary expenses for care and improvement 

10 of grounds surrounding the Capitol, the Senate and House 

11 office buildings, and the Capitol Power Plant, 

12 $12,826,000, of which $2,946,000 shall remain available 

13 until September 30, 2021. 

14 HOUSE OFFICE BUILDINGS

15 For all necessary expenses for the maintenance, care 

16 and operation of the House office buildings, $187,481,000 

17 (increased by $250,000), of which $61,404,000 shall re18 main available until September 30, 2021, and of which 

19 $62,000,000 shall remain available until expended for the 

20 restoration and renovation of the Cannon House Office 

21 Building. 

22 In addition, for a payment to the House Historic 

23 Buildings Revitalization Trust Fund, $17,000,000, to re24 main available until expended. 


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1 CAPITOL POWER PLANT

2 For all necessary expenses for the maintenance, care 

3 and operation of the Capitol Power Plant; lighting, heat4 ing, power (including the purchase of electrical energy) 

5 and water and sewer services for the Capitol, Senate and 

6 House office buildings, Library of Congress buildings, and 

7 the grounds about the same, Botanic Garden, Senate ga8 rage, and air conditioning refrigeration not supplied from 

9 plants in any of such buildings; heating the Government 

10 Publishing Office and Washington City Post Office, and 

11 heating and chilled water for air conditioning for the Su12 preme Court Building, the Union Station complex, the 

13 Thurgood Marshall Federal Judiciary Building and the 

14 Folger Shakespeare Library, expenses for which shall be 

15 advanced or reimbursed upon request of the Architect of 

16 the Capitol and amounts so received shall be deposited 

17 into the Treasury to the credit of this appropriation, 

18 $104,480,000, of which $27,339,000 shall remain avail19 able until September 30, 2021: Provided, That not more 

20 than $9,000,000 of the funds credited or to be reimbursed 

21 to this appropriation as herein provided shall be available 

22 for obligation during fiscal year 2017. 

23 LIBRARY BUILDINGS AND GROUNDS

24 For all necessary expenses for the mechanical and 

25 structural maintenance, care and operation of the Library 


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1 buildings and grounds, $47,080,000, of which 

2 $22,137,000 shall remain available until September 30, 

3 2021. 

4 CAPITOL POLICE BUILDINGS, GROUNDS AND SECURITY

5 For all necessary expenses for the maintenance, care 

6 and operation of buildings, grounds and security enhance7 ments of the United States Capitol Police, wherever lo8 cated, the Alternate Computing Facility, and Architect of 

9 the Capitol security operations, $26,697,000, of which 

10 $9,164,000 shall remain available until September 30, 

11 2021. 

12 BOTANIC GARDEN

13 For all necessary expenses for the maintenance, care 

14 and operation of the Botanic Garden and the nurseries, 

15 buildings, grounds, and collections; and purchase and ex16 change, maintenance, repair, and operation of a passenger 

17 motor vehicle; all under the direction of the Joint Com18 mittee on the Library, $14,067,000; of which $4,054,000 

19 shall remain available until September 30, 2021: Provided, 

20 That of the amount made available under this heading, 

21 the Architect may obligate and expend such sums as may 

22 be necessary for the maintenance, care and operation of 

23 the National Garden established under section 307E of 

24 the Legislative Branch Appropriations Act, 1989 (2 


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1 U.S.C. 2146), upon vouchers approved by the Architect 

2 of the Capitol or a duly authorized designee. 

3 CAPITOL VISITOR CENTER

4 For all necessary expenses for the operation of the 

5 Capitol Visitor Center, $20,557,000. 

6 ADMINISTRATIVE PROVISIONS

7 NO BONUSES FOR CONTRACTORS BEHIND SCHEDULE OR

8 OVER BUDGET

9 SEC. 1201. None of the funds made available in this 

10 Act for the Architect of the Capitol may be used to make 

11 incentive or award payments to contractors for work on 

12 contracts or programs for which the contractor is behind 

13 schedule or over budget, unless the Architect of the Cap14 itol, or agency-employed designee, determines that any 

15 such deviations are due to unforeseeable events, govern16 ment-driven scope changes, or are not significant within 

17 the overall scope of the project and/or program. 

18 SCRIMS

19 SEC. 1202. None of the funds made available by this 

20 Act may be used for scrims containing photographs of 

21 building facades during restoration or construction 

22 projects performed by the Architect of the Capitol. 

23 WORKING CAPITAL FUND

24 SEC. 1203. (a) ESTABLISHMENT.—There is hereby 

25 established in the Treasury of the United States a working 


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1 capital fund (hereafter in this section referred to as the 

2 ‘‘Fund’’) for the Architect of the Capitol. 

3 (b) AVAILABILITY OF AMOUNTS.—Amounts in the 

4 Fund shall be available to the Architect of the Capitol for 

5 such common agency services, activities, and equipment, 

6 such as construction, capital repairs, renovations, rehabili7 tation, maintenance of real property, and similar agency 

8 expenses, on a reimbursable basis within the Architect of 

9 the Capitol as the Architect determines to be appropriate, 

10 efficient, and economical. 

11 (c) CONTENTS.—The capital of the Fund consists 

12 of— 

13 (1) amounts appropriated to the Fund; 

14 (2) the reasonable value of stocks of supplies, 

15 equipment, and other assets and inventories on 

16 order that the Architect transfers to the fund, less 

17 related liabilities and unpaid obligations; 

18 (3) receipts from the sale or exchange of prop19 erty held in the Fund; 

20 (4) all miscellaneous receipts compensating the 

21 Architect of the Capitol for loss or damage to any 

22 Government property under the Architect’s jurisdic23 tion or care, including but not limited to the United 

24 States Botanic Garden; 


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1 (5) reimbursements pursuant to subsection (d); 

2 and 

3 (6) amounts transferred to the Fund pursuant 

4 to subsection (e). 

5 (d) REIMBURSEMENT.—The Fund shall be reim6 bursed from available accounts of the Architect of the 

7 Capitol for supplies, materials, services, and related ex8 penses, at rates which will approximate the full cost of 

9 operations, including— 

10 (1) accrual of employee leave and benefits; 

11 (2) depreciation of plant, property, and equip12 ment; and 

13 (3) overhead. 

14 (e) TRANSFERS FROM OTHER ACCOUNTS.—The Ar15 chitect is authorized to transfer amounts from other avail16 able Architect of the Capitol accounts to the Fund in this 

17 and each succeeding fiscal year as the Architect deter18 mines to be appropriate, efficient, and economical, subject 

19 to the approval of the Committee on Appropriations of the 

20 Senate, the Committee on Appropriations of the House of 

21 Representatives, or both (as the case may be), in accord22 ance with section 306 of the Legislative Branch Appro23 priations Act, 1997 (2 U.S.C. 1862). 


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1 (f) CONTINUING AVAILABILITY OF FUNDS.— 

2 Amounts in the Fund are available without regard to fiscal 

3 year limitation. 

4 (g) EFFECTIVE DATE.—This section shall apply with 

5 respect to fiscal year 2017 and each succeeding fiscal year. 

6 AUTHORITY FOR A HOUSE OFFICE BUILDINGS SHUTTLE

7 SEC. 1204. (a) The proviso in the item relating to 

8 ‘‘Capitol Grounds’’ in title VI of the Legislative Branch 

9 Appropriations Act, 1977 (90 Stat. 1453; 2 U.S.C. 2163) 

10 is amended by striking ‘‘appropriated under this heading’’ 

11 and inserting ‘‘appropriated for any available account of 

12 the Architect of the Capitol’’. 

13 (b) The amendment made by subsection (a) shall 

14 apply with respect to fiscal year 2017 and each succeeding 

15 fiscal year. 

16 USE OF EXPIRED FUNDS FOR UNEMPLOYMENT

17 COMPENSATION PAYMENTS

18 SEC. 1205. (a) Available balances of expired Archi19 tect of the Capitol appropriations shall be available to the 

20 Architect of the Capitol for reimbursing the Secretary of 

21 Labor for any amounts paid with respect to unemployment 

22 compensation payments for former employees of the Ar23 chitect of the Capitol, not withstanding any other provi24 sion of law, without regard to the fiscal year for which 

25 the obligation to make such payments is incurred. 


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1 (b) This section shall apply with respect to fiscal year 

2 2017 and each succeeding fiscal year. 

3 FLAG OFFICE REVOLVING FUND

4 SEC. 1206. (a) ESTABLISHMENT.—There is estab5 lished in the Treasury of the United States a revolving 

6 fund to be known as the ‘‘Flag Office Revolving Fund’’ 

7 (in this section referred to as the ‘‘Fund’’) for services 

8 provided by the Flag Office of the Architect of the Capitol 

9 (in this section referred to as the ‘‘Flag Office’’). 

10 (b) DEPOSIT OF FEES.—The Architect of the Capitol 

11 shall deposit any fees charged for services described in 

12 subsection (a) into the Fund. 

13 (c) CONTENTS OF FUND.—The Fund shall consist of 

14 the following amounts: 

15 (1) Amounts deposited by the Architect of the 

16 Capitol under subsection (b). 

17 (2) Any other amounts received by the Archi18 tect of the Capitol which are attributable to services 

19 provided by the Flag Office. 

20 (3) Such other amounts as may be appropriated 

21 under law. 

22 (d) USE OF AMOUNTS IN FUND.—Amounts in the 

23 Fund shall be available for disbursement by the Architect 

24 of the Capitol, without fiscal year limitation, for expenses 

25 in connection with the services provided by the Flag Of26 fice, including— 


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1 (1) supplies, inventories, equipment, and other 

2 expenses; and 

3 (2) the reimbursement of any applicable appro4 priations account for amounts used from such ap5 propriations account to pay the salaries of employees 

6 of the Flag Office. 

7 LIBRARY OF CONGRESS 

8 SALARIES AND EXPENSES

9 For all necessary expenses of the Library of Congress 

10 not otherwise provided for, including development and 

11 maintenance of the Library’s catalogs; custody and custo12 dial care of the Library buildings; special clothing; clean13 ing, laundering and repair of uniforms; preservation of 

14 motion pictures in the custody of the Library; operation 

15 and maintenance of the American Folklife Center in the 

16 Library; preparation and distribution of catalog records 

17 and other publications of the Library; hire or purchase 

18 of one passenger motor vehicle; and expenses of the Li19 brary of Congress Trust Fund Board not properly charge20 able to the income of any trust fund held by the Board, 

21 $449,971,000, of which not more than $6,000,000 shall 

22 be derived from collections credited to this appropriation 

23 during fiscal year 2017, and shall remain available until 

24 expended, under the Act of June 28, 1902 (chapter 1301; 

25 32 Stat. 480; 2 U.S.C. 150) and not more than $350,000 


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1 shall be derived from collections during fiscal year 2017 

2 and shall remain available until expended for the develop3 ment and maintenance of an international legal informa4 tion database and activities related thereto: Provided, 

5 That the Library of Congress may not obligate or expend 

6 any funds derived from collections under the Act of June 

7 28, 1902, in excess of the amount authorized for obliga8 tion or expenditure in appropriations Acts: Provided fur9 ther, That the total amount available for obligation shall 

10 be reduced by the amount by which collections are less 

11 than $6,350,000: Provided further, That of the total 

12 amount appropriated, not more than $12,000 may be ex13 pended, on the certification of the Librarian of Congress, 

14 in connection with official representation and reception ex15 penses for the Overseas Field Offices: Provided further, 

16 That of the total amount appropriated, $8,444,000 shall 

17 remain available until expended for the digital collections 

18 and educational curricula program: Provided further, That 

19 of the total amount appropriated, $1,300,000 shall remain 

20 available until expended for upgrade of the Legislative 

21 Branch Financial Management System: Provided further, 

22 That of the total amount appropriated, $4,039,000 shall 

23 remain available until September 30, 2019 to complete the 

24 first of three phases of the shelving replacement in the 

25 Law Library’s collection storage areas: Provided further, 


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1 That of the total amount appropriated, $24,000,000 shall 

2 remain available until September 30, 2019 to migrate the 

3 Library’s Primary Computing Facility (PCF) in the 

4 James Madison Building to an alternate PCF. 

5 COPYRIGHT OFFICE

6 SALARIES AND EXPENSES

7 For all necessary expenses of the Copyright Office, 

8 $68,827,000, of which not more than $31,269,000, to re9 main available until expended, shall be derived from collec10 tions credited to this appropriation during fiscal year 2017 

11 under section 708(d) of title 17, United States Code: Pro12 vided, That the Copyright Office may not obligate or ex13 pend any funds derived from collections under such sec14 tion, in excess of the amount authorized for obligation or 

15 expenditure in appropriations Acts: Provided further, That 

16 not more than $5,929,000 shall be derived from collections 

17 during fiscal year 2017 under sections 111(d)(2), 

18 119(b)(3), 803(e), 1005, and 1316 of such title: Provided 

19 further, That the total amount available for obligation 

20 shall be reduced by the amount by which collections are 

21 less than $37,198,000: Provided further, That $4,531,000 

22 shall be derived from prior year unobligated balances: Pro23 vided further, That not more than $100,000 of the amount 

24 appropriated is available for the maintenance of an ‘‘Inter25 national Copyright Institute’’ in the Copyright Office of 


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1 the Library of Congress for the purpose of training nation2 als of developing countries in intellectual property laws 

3 and policies: Provided further, That not more than $6,500 

4 may be expended, on the certification of the Librarian of 

5 Congress, in connection with official representation and 

6 reception expenses for activities of the International Copy7 right Institute and for copyright delegations, visitors, and 

8 seminars: Provided further, That notwithstanding any pro9 vision of chapter 8 of title 17, United States Code, any 

10 amounts made available under this heading which are at11 tributable to royalty fees and payments received by the 

12 Copyright Office pursuant to sections 111, 119, and chap13 ter 10 of such title may be used for the costs incurred 

14 in the administration of the Copyright Royalty Judges 

15 program, with the exception of the costs of salaries and 

16 benefits for the Copyright Royalty Judges and staff under 

17 section 802(e). 

18 CONGRESSIONAL RESEARCH SERVICE

19 SALARIES AND EXPENSES

20 For all necessary expenses to carry out the provisions 

21 of section 203 of the Legislative Reorganization Act of 

22 1946 (2 U.S.C. 166) and to revise and extend the Anno23 tated Constitution of the United States of America, 

24 $107,945,000: Provided, That no part of such amount 

25 may be used to pay any salary or expense in connection 


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1 with any publication, or preparation of material therefor 

2 (except the Digest of Public General Bills), to be issued 

3 by the Library of Congress unless such publication has 

4 obtained prior approval of either the Committee on House 

5 Administration of the House of Representatives or the 

6 Committee on Rules and Administration of the Senate. 

7 BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

8 SALARIES AND EXPENSES

9 For all necessary expenses to carry out the Act of 

10 March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 

11 135a), $50,248,000: Provided, That of the total amount 

12 appropriated, $650,000 shall be available to contract to 

13 provide newspapers to blind and physically handicapped 

14 residents at no cost to the individual. 

15 ADMINISTRATIVE PROVISIONS

16 REIMBURSABLE AND REVOLVING FUND ACTIVITIES

17 SEC. 1301. (a) IN GENERAL.—For fiscal year 2017, 

18 the obligational authority of the Library of Congress for 

19 the activities described in subsection (b) may not exceed 

20 $188,188,000. 

21 (b) ACTIVITIES.—The activities referred to in sub22 section (a) are reimbursable and revolving fund activities 

23 that are funded from sources other than appropriations 

24 to the Library in appropriations Acts for the legislative 

25 branch. 


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1 LIBRARY OF CONGRESS NATIONAL COLLECTION

2 STEWARDSHIP FUND

3 SEC. 1302. (a) ESTABLISHMENT.—There is hereby 

4 established in the Treasury of the United States, as an 

5 account for the Librarian of Congress, the ‘‘Library of 

6 Congress National Collection Stewardship Fund’’ (here7 after in this section referred to as the ‘‘Fund’’). 

8 (b) CONTENTS OF FUND.—The Fund shall consist of 

9 the following amounts: 

10 (1) Such amounts as may be transferred by the 

11 Librarian from available amounts appropriated for 

12 any fiscal year for the Library of Congress under 

13 the heading ‘‘Salaries and Expenses’’. 

14 (2) Such amounts as may be appropriated to 

15 the Fund under law. 

16 (c) USE OF AMOUNTS.—Amounts in the Fund may 

17 be used by the Librarian as follows: 

18 (1) The Librarian may use amounts directly for 

19 the purpose of preparing collection materials of the 

20 Library of Congress for long-term storage. 

21 (2) The Librarian may transfer amounts to the 

22 Architect of the Capitol for the purpose of designing, 

23 constructing, altering, upgrading, and equipping col24 lections preservation and storage facilities for the Li25 brary of Congress, or for the purpose of acquiring 


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1 real property by lease for the preservation and stor2 age of Library of Congress collections in accordance 

3 with section 1102 of the Legislative Branch Appro4 priations Act, 2009 (2 U.S.C. 1823a). 

5 (d) CONTINUING AVAILABILITY OF FUNDS.—Any 

6 amounts in the Fund shall remain available until ex7 pended. 

8 (e) ANNUAL REPORT.—Not later than 180 days after 

9 the end of each fiscal year, the Librarian shall submit a 

10 joint report on the Fund to the Joint Committee on the 

11 Library and the Committees on Appropriations of the 

12 House of Representatives and Senate. 

13 (f) INITIAL 5–YEAR PLAN.—Not later than 6 months 

14 after the date of the enactment of this Act, the Librarian 

15 shall submit to the Joint Committee on the Library and 

16 the Committees on Appropriations of the House of Rep17 resentatives and Senate a report providing a plan for ex18 penditures from the Fund for the first 5 fiscal years of 

19 the Fund’s operation. 

20 (g) EFFECTIVE DATE.—This section shall apply with 

21 respect to fiscal year 2017 and each succeeding fiscal year. 

22 FILM PRESERVATION PROGRAMS

23 SEC. 1303. (a) NATIONAL FILM PRESERVATION

24 BOARD.— 

25 (1) REAUTHORIZATION.—Section 112 of the 

26 National Film Preservation Act of 1996 (2 U.S.C. 


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1 179v) is amended by striking ‘‘through fiscal year 

2 2016’’ and inserting ‘‘through fiscal year 2026’’. 

3 (2) EFFECTIVE DATE.—The amendment made 

4 by paragraph (1) shall take effect as if included in 

5 the enactment of the National Film Preservation Act 

6 of 1996. 

7 (b) NATIONAL FILM PRESERVATION FOUNDATION.— 

8 Section 151711(a)(1)(C) of title 36, United States Code, 

9 is amended by striking ‘‘through 2016’’ and inserting 

10 ‘‘through 2026’’. 

11 SOUND RECORDING PRESERVATION PROGRAMS

12 SEC. 1304. (a) NATIONAL RECORDING PRESERVA13 TION BOARD.—Section 133 of the National Recording 

14 Preservation Act of 2000 (2 U.S.C. 1743) is amended by 

15 striking ‘‘through fiscal year 2016’’ and inserting 

16 ‘‘through fiscal year 2026’’. 

17 (b) NATIONAL RECORDING PRESERVATION FOUNDA18 TION.— 

19 (1) AUTHORIZATION OF APPROPRIATIONS.— 

20 Section 152411(a) of title 36, United States Code, 

21 is amended by striking ‘‘through fiscal year 2016’’ 

22 and inserting ‘‘through fiscal year 2026’’. 

23 (2) NUMBER OF MEMBERS OF BOARD OF DI24 RECTORS.—Section 152403(b)(2)(A) of such title is 

25 amended by striking ‘‘nine directors’’ and inserting 

26 ‘‘12 directors’’. 


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1 GOVERNMENT PUBLISHING OFFICE 

2 CONGRESSIONAL PUBLISHING

3 (INCLUDING TRANSFER OF FUNDS)

4 For authorized publishing of congressional informa5 tion and the distribution of congressional information in 

6 any format; expenses necessary for preparing the semi7 monthly and session index to the Congressional Record, 

8 as authorized by law (section 902 of title 44, United 

9 States Code); publishing of Government publications au10 thorized by law to be distributed to Members of Congress; 

11 and publishing, and distribution of Government publica12 tions authorized by law to be distributed without charge 

13 to the recipient, $79,736,000: Provided, That this appro14 priation shall not be available for paper copies of the per15 manent edition of the Congressional Record for individual 

16 Representatives, Resident Commissioners or Delegates au17 thorized under section 906 of title 44, United States Code: 

18 Provided further, That this appropriation shall be available 

19 for the payment of obligations incurred under the appro20 priations for similar purposes for preceding fiscal years: 

21 Provided further, That notwithstanding the 2-year limita22 tion under section 718 of title 44, United States Code, 

23 none of the funds appropriated or made available under 

24 this Act or any other Act for printing and binding and 

25 related services provided to Congress under chapter 7 of 


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1 title 44, United States Code, may be expended to print 

2 a document, report, or publication after the 27-month pe3 riod beginning on the date that such document, report, 

4 or publication is authorized by Congress to be printed, un5 less Congress reauthorizes such printing in accordance 

6 with section 718 of title 44, United States Code: Provided 

7 further, That any unobligated or unexpended balances in 

8 this account or accounts for similar purposes for preceding 

9 fiscal years may be transferred to the Government Pub10 lishing Office Business Operations Revolving Fund for 

11 carrying out the purposes of this heading, subject to the 

12 approval of the Committees on Appropriations of the 

13 House of Representatives and Senate: Provided further, 

14 That notwithstanding sections 901, 902, and 906 of title 

15 44, United States Code, this appropriation may be used 

16 to prepare indexes to the Congressional Record on only 

17 a monthly and session basis. 

18 PUBLIC INFORMATION PROGRAMS OF THE

19 SUPERINTENDENT OF DOCUMENTS

20 SALARIES AND EXPENSES

21 (INCLUDING TRANSFER OF FUNDS)

22 For expenses of the public information programs of 

23 the Office of Superintendent of Documents necessary to 

24 provide for the cataloging and indexing of Government 

25 publications and their distribution to the public, Members 


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1 of Congress, other Government agencies, and designated 

2 depository and international exchange libraries as author3 ized by law, $29,500,000: Provided, That amounts of not 

4 more than $2,000,000 from current year appropriations 

5 are authorized for producing and disseminating Congres6 sional serial sets and other related publications for fiscal 

7 years 2015 and 2016 to depository and other designated 

8 libraries: Provided further, That any unobligated or unex9 pended balances in this account or accounts for similar 

10 purposes for preceding fiscal years may be transferred to 

11 the Government Publishing Office Business Operations 

12 Revolving Fund for carrying out the purposes of this head13 ing, subject to the approval of the Committees on Appro14 priations of the House of Representatives and Senate. 

15 GOVERNMENT PUBLISHING OFFICE BUSINESS

16 OPERATIONS REVOLVING FUND

17 For payment to the Government Publishing Office 

18 Business Operations Revolving Fund, $7,832,000, to re19 main available until expended, for information technology 

20 development and facilities repair: Provided, That the Gov21 ernment Publishing Office is hereby authorized to make 

22 such expenditures, within the limits of funds available and 

23 in accordance with law, and to make such contracts and 

24 commitments without regard to fiscal year limitations as 

25 provided by section 9104 of title 31, United States Code, 


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1 as may be necessary in carrying out the programs and 

2 purposes set forth in the budget for the current fiscal year 

3 for the Government Publishing Office Business Operations 

4 Revolving Fund: Provided further, That not more than 

5 $7,500 may be expended on the certification of the Direc6 tor of the Government Publishing Office in connection 

7 with official representation and reception expenses: Pro8 vided further, That the Business Operations Revolving 

9 Fund shall be available for the hire or purchase of not 

10 more than 12 passenger motor vehicles: Provided further, 

11 That expenditures in connection with travel expenses of 

12 the advisory councils to the Director of the Government 

13 Publishing Office shall be deemed necessary to carry out 

14 the provisions of title 44, United States Code: Provided 

15 further, That the Business Operations Revolving Fund 

16 shall be available for temporary or intermittent services 

17 under section 3109(b) of title 5, United States Code, but 

18 at rates for individuals not more than the daily equivalent 

19 of the annual rate of basic pay for level V of the Executive 

20 Schedule under section 5316 of such title: Provided fur21 ther, That activities financed through the Business Oper22 ations Revolving Fund may provide information in any 

23 format: Provided further, That the Business Operations 

24 Revolving Fund and the funds provided under the heading 

25 ‘‘Public Information Programs of the Superintendent of 


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1 Documents’’ may not be used for contracted security serv2 ices at Government Publishing Office’s passport facility in 

3 the District of Columbia. 

4 GOVERNMENT ACCOUNTABILITY OFFICE 

5 SALARIES AND EXPENSES

6 For necessary expenses of the Government Account7 ability Office, including not more than $12,500 to be ex8 pended on the certification of the Comptroller General of 

9 the United States in connection with official representa10 tion and reception expenses; temporary or intermittent 

11 services under section 3109(b) of title 5, United States 

12 Code, but at rates for individuals not more than the daily 

13 equivalent of the annual rate of basic pay for level IV of 

14 the Executive Schedule under section 5315 of such title; 

15 hire of one passenger motor vehicle; advance payments in 

16 foreign countries in accordance with section 3324 of title 

17 31, United States Code; benefits comparable to those pay18 able under sections 901(5), (6), and (8) of the Foreign 

19 Service Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); 

20 and under regulations prescribed by the Comptroller Gen21 eral of the United States, rental of living quarters in for22 eign countries, $533,100,000: Provided, That, in addition, 

23 $23,350,000 of payments received under sections 782, 

24 791, 3521, and 9105 of title 31, United States Code, shall 

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1 ther, That this appropriation and appropriations for ad2 ministrative expenses of any other department or agency 

3 which is a member of the National Intergovernmental 

4 Audit Forum or a Regional Intergovernmental Audit 

5 Forum shall be available to finance an appropriate share 

6 of either Forum’s costs as determined by the respective 

7 Forum, including necessary travel expenses of non-Federal 

8 participants: Provided further, That payments hereunder 

9 to the Forum may be credited as reimbursements to any 

10 appropriation from which costs involved are initially fi11 nanced. 

12 OPEN WORLD LEADERSHIP CENTER TRUST 

13 FUND 

14 For a payment to the Open World Leadership Center 

15 Trust Fund for financing activities of the Open World 

16 Leadership Center under section 313 of the Legislative 

17 Branch Appropriations Act, 2001 (2 U.S.C. 1151), 

18 $1,000,000. 

19 JOHN C. STENNIS CENTER FOR PUBLIC 

20 SERVICE TRAINING AND DEVELOPMENT 

21 For payment to the John C. Stennis Center for Pub22 lic Service Development Trust Fund established under 

23 section 116 of the John C. Stennis Center for Public Serv24 ice Training and Development Act (2 U.S.C. 1105), 

25 $430,000. 


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1 TITLE II 

2 GENERAL PROVISIONS 

3 MAINTENANCE AND CARE OF PRIVATE VEHICLES

4 SEC. 201. No part of the funds appropriated in this 

5 Act shall be used for the maintenance or care of private 

6 vehicles, except for emergency assistance and cleaning as 

7 may be provided under regulations relating to parking fa8 cilities for the House of Representatives issued by the 

9 Committee on House Administration and for the Senate 

10 issued by the Committee on Rules and Administration. 

11 FISCAL YEAR LIMITATION

12 SEC. 202. No part of the funds appropriated in this 

13 Act shall remain available for obligation beyond fiscal year 

14 2017 unless expressly so provided in this Act. 

15 RATES OF COMPENSATION AND DESIGNATION

16 SEC. 203. Whenever in this Act any office or position 

17 not specifically established by the Legislative Pay Act of 

18 1929 (46 Stat. 32 et seq.) is appropriated for or the rate 

19 of compensation or designation of any office or position 

20 appropriated for is different from that specifically estab21 lished by such Act, the rate of compensation and the des22 ignation in this Act shall be the permanent law with re23 spect thereto: Provided, That the provisions in this Act 

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1 resentatives, and clerk hire for Senators and Members of 

2 the House of Representatives shall be the permanent law 

3 with respect thereto. 

4 CONSULTING SERVICES

5 SEC. 204. The expenditure of any appropriation 

6 under this Act for any consulting service through procure7 ment contract, under section 3109 of title 5, United States 

8 Code, shall be limited to those contracts where such ex9 penditures are a matter of public record and available for 

10 public inspection, except where otherwise provided under 

11 existing law, or under existing Executive order issued 

12 under existing law. 

13 COSTS OF LBFMC

14 SEC. 205. Amounts available for administrative ex15 penses of any legislative branch entity which participates 

16 in the Legislative Branch Financial Managers Council 

17 (LBFMC) established by charter on March 26, 1996, shall 

18 be available to finance an appropriate share of LBFMC 

19 costs as determined by the LBFMC, except that the total 

20 LBFMC costs to be shared among all participating legisla21 tive branch entities (in such allocations among the entities 

22 as the entities may determine) may not exceed $2,000. 

23 LIMITATION ON TRANSFERS

24 SEC. 206. None of the funds made available in this 

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1 strumentality of the United States Government, except 

2 pursuant to a transfer made by, or transfer authority pro3 vided in, this Act or any other appropriation Act. 

4 GUIDED TOURS OF THE CAPITOL

5 SEC. 207. (a) Except as provided in subsection (b), 

6 none of the funds made available to the Architect of the 

7 Capitol in this Act may be used to eliminate or restrict 

8 guided tours of the United States Capitol which are led 

9 by employees and interns of offices of Members of Con10 gress and other offices of the House of Representatives 

11 and Senate. 

12 (b) At the direction of the Capitol Police Board, or 

13 at the direction of the Architect of the Capitol with the 

14 approval of the Capitol Police Board, guided tours of the 

15 United States Capitol which are led by employees and in16 terns described in subsection (a) may be suspended tempo17 rarily or otherwise subject to restriction for security or re18 lated reasons to the same extent as guided tours of the 

19 United States Capitol which are led by the Architect of 

20 the Capitol. 

21 COMPUTER NETWORK ACTIVITY

22 SEC. 208. (a) None of the funds made available in 

23 this Act may be used to maintain or establish a computer 

24 network unless such network blocks the viewing, 

25 downloading, and exchanging of pornography. 


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1 (b) Nothing in subsection (a) shall limit the use of 

2 funds necessary for any Federal, State, tribal, or local law 

3 enforcement agency or any other entity to carry out crimi4 nal or Congressional investigations, prosecution, or adju5 dication activities. 

6 SPENDING REDUCTION ACCOUNT

7 SEC. 209. The amount by which the applicable alloca8 tion of new budget authority made by the Committee on 

9 Appropriations of the House of Representatives under sec10 tion 302(b) of the Congressional Budget Act of 1974, ex11 cluding Senate items, exceeds the amount of proposed new 

12 budget authority is $0. 

13 SEC. 210. None of the funds made available by this 

14 Act may be used to deliver a printed copy of the United 

15 States House of Representatives Telephone Directory to 

16 the office of any Member of the House of Representatives 

17 (including a Delegate or Resident Commissioner to the 

18 Congress). 

19 SEC. 211. None of the funds made available by this 

20 Act may be used to deliver a printed copy of the Budget 

21 of the United States Government; Analytical Perspectives, 

22 Budget of the United States Government; or the Appen23 dix, Budget of the United States Government, to the office 

24 of any Member of the House of Representatives (including 

25 a Delegate or Resident Commissioner to the Congress). 


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1 SEC. 212. None of the funds made available by this 

2 Act may be used to enter into a contract with any offeror 

3 or any of its principals if the offeror certifies, as required 

4 by Federal Acquisition Regulation, that the offeror or any 

5 of its principals— 

6 (1) within a three-year period preceding the 

7 offer, has been convicted of or had a civil judgment 

8 rendered against it for commission of fraud or a 

9 criminal offense in connection with obtaining, at10 tempting to obtain, or performing a public (Federal, 

11 State, or local) contract or subcontract; violation of 

12 Federal or State antitrust statutes relating to the 

13 submission of offers; or commission of embezzle14 ment, theft, forgery, bribery, falsification or destruc15 tion of records, making false statements, tax eva16 sion, violating Federal criminal tax laws, or receiving 

17 stolen property; 

18 (2) are presently indicted for, or otherwise 

19 criminally or civilly charged by a governmental enti20 ty with, commission of any of the offenses enumer21 ated above in paragraph (1); or 

22 (3) within a three-year period preceding the 

23 offer, has been notified of any delinquent Federal 

24 taxes in an amount that exceeds $3,000 for which 

25 the liability remains unsatisfied. 


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1 SEC. 213. None of the funds made available by this 

2 Act may be used to deliver a printed copy of the Federal 

3 Register to a Member of the House of Representatives (in4 cluding a Delegate or Resident Commissioner to the Con5 gress) unless the Member requests a copy. 

6 This Act may be cited as the ‘‘Legislative Branch Ap7 propriations Act, 2017’’. 

8 SECTION 1. SHORT TITLE. 

9 This Act may be cited as the ‘‘Continuing Appropria10 tions and Military Construction, Veterans Affairs, and Re11 lated Agencies Appropriations Act, 2017, and Zika Re12 sponse and Preparedness Act’’. 

13 SEC. 2. TABLE OF CONTENTS. 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Statement of appropriations. 

Sec. 5. Availability of funds. 

Sec. 6. Explanatory statement. 

DIVISION A—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2017 

Title I—Department of Defense 

Title II—Department of Veterans Affairs 

Title III—Related agencies 

Title IV—Overseas contingency operations 

Title V—General provisions 

DIVISION B—ZIKA RESPONSE AND PREPAREDNESS 

Title I—Department of Health and Human Services 

Title II—Department of State 

Title III—General Provisions—This Division 


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DIVISION C—CONTINUING APPROPRIATIONS ACT, 2017 

DIVISION D—RESCISSIONS OF FUNDS 

1 SEC. 3. REFERENCES. 

2 Except as expressly provided otherwise, any reference 

3 to ‘‘this Act’’ contained in any division of this Act shall 

4 be treated as referring only to the provisions of that divi5 sion. 

6 SEC. 4. STATEMENT OF APPROPRIATIONS. 

7 The following sums in this Act are appropriated, out 

8 of any money in the Treasury not otherwise appropriated, 

9 for the fiscal year ending September 30, 2017. 

10 SEC. 5. AVAILABILITY OF FUNDS. 

11 Each amount designated in this Act by the Congress 

12 as an emergency requirement pursuant to section 

13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985 shall be available (or rescinded, 

15 if applicable) only if the President subsequently so des16 ignates all such amounts and transmits such designations 

17 to the Congress. 

18 SEC. 6. EXPLANATORY STATEMENT. 

19 (a) The explanatory statement regarding this Act, 

20 printed in the Senate section of the Congressional Record 

21 on or about September 22, 2016, by the Chairman of the 

22 Committee on Appropriations of the Senate, shall have the 

23 same effect with respect to the allocation of funds and im24 plementation of divisions A through D of this Act as if it 


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1 were a joint explanatory statement of a committee of con2 ference. 

3 (b) Any reference to the ‘‘joint explanatory statement 

4 accompanying this Act’’ contained in division A of this Act 

5 shall be considered to be a reference to the explanatory state6 ment described in subsection (a). 

7 DIVISION A—MILITARY CONSTRUCTION, 

8 VETERANS AFFAIRS, AND RELATED 

9 AGENCIES APPROPRIATIONS ACT, 2017 

10 TITLE I 

11 DEPARTMENT OF DEFENSE 

12 MILITARY CONSTRUCTION, ARMY

13 For acquisition, construction, installation, and equip14 ment of temporary or permanent public works, military in15 stallations, facilities, and real property for the Army as 

16 currently authorized by law, including personnel in the 

17 Army Corps of Engineers and other personal services nec18 essary for the purposes of this appropriation, and for con19 struction and operation of facilities in support of the func20 tions of the Commander in Chief, $513,459,000, to remain 

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

22 amount, not to exceed $98,159,000 shall be available for 

23 study, planning, design, architect and engineer services, 

24 and host nation support, as authorized by law, unless the 

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1 tions are necessary for such purposes and notifies the Com2 mittees on Appropriations of both Houses of Congress of the 

3 determination and the reasons therefor. 

4 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

5 For acquisition, construction, installation, and equip6 ment of temporary or permanent public works, naval in7 stallations, facilities, and real property for the Navy and 

8 Marine Corps as currently authorized by law, including 

9 personnel in the Naval Facilities Engineering Command 

10 and other personal services necessary for the purposes of this 

11 appropriation, $1,021,580,000, to remain available until 

12 September 30, 2021: Provided, That, of this amount, not 

13 to exceed $88,230,000 shall be available for study, planning, 

14 design, and architect and engineer services, as authorized 

15 by law, unless the Secretary of the Navy determines that 

16 additional obligations are necessary for such purposes and 

17 notifies the Committees on Appropriations of both Houses 

18 of Congress of the determination and the reasons therefor. 

19 MILITARY CONSTRUCTION, AIR FORCE

20 For acquisition, construction, installation, and equip21 ment of temporary or permanent public works, military in22 stallations, facilities, and real property for the Air Force 

23 as currently authorized by law, $1,491,058,000, to remain 

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

25 amount, not to exceed $143,582,000 shall be available for 


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1 study, planning, design, and architect and engineer serv2 ices, as authorized by law, unless the Secretary of the Air 

3 Force determines that additional obligations are necessary 

4 for such purposes and notifies the Committees on Appro5 priations of both Houses of Congress of the determination 

6 and the reasons therefor: Provided further, That none of the 

7 funds made available under this heading shall be for con8 struction of the Joint Intelligence Analysis Complex Con9 solidation, Phase 3, at Royal Air Force Croughton, United 

10 Kingdom, unless authorized in an Act authorizing appro11 priations for fiscal year 2017 for military construction. 

12 MILITARY CONSTRUCTION, DEFENSE-WIDE

13 (INCLUDING TRANSFER OF FUNDS)

14 For acquisition, construction, installation, and equip15 ment of temporary or permanent public works, installa16 tions, facilities, and real property for activities and agen17 cies of the Department of Defense (other than the military 

18 departments), as currently authorized by law, 

19 $2,025,444,000, to remain available until September 30, 

20 2021: Provided, That such amounts of this appropriation 

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

22 transferred to such appropriations of the Department of De23 fense available for military construction or family housing 

24 as the Secretary may designate, to be merged with and to 

25 be available for the same purposes, and for the same time 


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1 period, as the appropriation or fund to which transferred: 

2 Provided further, That of the amount appropriated, not to 

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

4 design, and architect and engineer services, as authorized 

5 by law, unless the Secretary of Defense determines that ad6 ditional obligations are necessary for such purposes and no7 tifies the Committees on Appropriations of both Houses of 

8 Congress of the determination and the reasons therefor. 

9 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

10 For construction, acquisition, expansion, rehabilita11 tion, and conversion of facilities for the training and ad12 ministration of the Army National Guard, and contribu13 tions therefor, as authorized by chapter 1803 of title 10, 

14 United States Code, and Military Construction Authoriza15 tion Acts, $232,930,000, to remain available until Sep16 tember 30, 2021: Provided, That, of the amount appro17 priated, not to exceed $8,729,000 shall be available for 

18 study, planning, design, and architect and engineer serv19 ices, as authorized by law, unless the Director of the Army 

20 National Guard determines that additional obligations are 

21 necessary for such purposes and notifies the Committees on 

22 Appropriations of both Houses of Congress of the determina23 tion and the reasons therefor. 


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1 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Air National Guard, and contributions 

5 therefor, as authorized by chapter 1803 of title 10, United 

6 States Code, and Military Construction Authorization Acts, 

7 $143,957,000, to remain available until September 30, 

8 2021: Provided, That, of the amount appropriated, not to 

9 exceed $10,462,000 shall be available for study, planning, 

10 design, and architect and engineer services, as authorized 

11 by law, unless the Director of the Air National Guard deter12 mines that additional obligations are necessary for such 

13 purposes and notifies the Committees on Appropriations of 

14 both Houses of Congress of the determination and the rea15 sons therefor. 

16 MILITARY CONSTRUCTION, ARMY RESERVE

17 For construction, acquisition, expansion, rehabilita18 tion, and conversion of facilities for the training and ad19 ministration of the Army Reserve as authorized by chapter 

20 1803 of title 10, United States Code, and Military Con21 struction Authorization Acts, $68,230,000, to remain avail22 able until September 30, 2021: Provided, That, of the 

23 amount appropriated, not to exceed $7,500,000 shall be 

24 available for study, planning, design, and architect and en25 gineer services, as authorized by law, unless the Chief of 


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1 the Army Reserve determines that additional obligations 

2 are necessary for such purposes and notifies the Committees 

3 on Appropriations of both Houses of Congress of the deter4 mination and the reasons therefor. 

5 MILITARY CONSTRUCTION, NAVY RESERVE

6 For construction, acquisition, expansion, rehabilita7 tion, and conversion of facilities for the training and ad8 ministration of the reserve components of the Navy and Ma9 rine Corps as authorized by chapter 1803 of title 10, United 

10 States Code, and Military Construction Authorization Acts, 

11 $38,597,000, to remain available until September 30, 2021: 

12 Provided, That, of the amount appropriated, not to exceed 

13 $3,783,000 shall be available for study, planning, design, 

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

15 unless the Secretary of the Navy determines that additional 

16 obligations are necessary for such purposes and notifies the 

17 Committees on Appropriations of both Houses of Congress 

18 of the determination and the reasons therefor. 

19 MILITARY CONSTRUCTION, AIR FORCE RESERVE

20 For construction, acquisition, expansion, rehabilita21 tion, and conversion of facilities for the training and ad22 ministration of the Air Force Reserve as authorized by 

23 chapter 1803 of title 10, United States Code, and Military 

24 Construction Authorization Acts, $188,950,000, to remain 

25 available until September 30, 2021: Provided, That, of the 


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1 amount appropriated, not to exceed $4,500,000 shall be 

2 available for study, planning, design, and architect and en3 gineer services, as authorized by law, unless the Chief of 

4 the Air Force Reserve determines that additional obliga5 tions are necessary for such purposes and notifies the Com6 mittees on Appropriations of both Houses of Congress of the 

7 determination and the reasons therefor. 

8 NORTH ATLANTIC TREATY ORGANIZATION

9 SECURITY INVESTMENT PROGRAM

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

11 Atlantic Treaty Organization Security Investment Pro12 gram for the acquisition and construction of military facili13 ties and installations (including international military 

14 headquarters) and for related expenses for the collective de15 fense of the North Atlantic Treaty Area as authorized by 

16 section 2806 of title 10, United States Code, and Military 

17 Construction Authorization Acts, $177,932,000, to remain 

18 available until expended. 

19 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

20 For deposit into the Department of Defense Base Clo21 sure Account, established by section 2906(a) of the Defense 

22 Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 

23 note), $240,237,000, to remain available until expended. 


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1 FAMILY HOUSING CONSTRUCTION, ARMY

2 For expenses of family housing for the Army for con3 struction, including acquisition, replacement, addition, ex4 pansion, extension, and alteration, as authorized by law, 

5 $157,172,000, to remain available until September 30, 

6 2021. 

7 FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

8 For expenses of family housing for the Army for oper9 ation and maintenance, including debt payment, leasing, 

10 minor construction, principal and interest charges, and in11 surance premiums, as authorized by law, $325,995,000. 

12 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

13 CORPS

14 For expenses of family housing for the Navy and Ma15 rine Corps for construction, including acquisition, replace16 ment, addition, expansion, extension, and alteration, as au17 thorized by law, $94,011,000, to remain available until 

18 September 30, 2021. 

19 FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY

20 AND MARINE CORPS

21 For expenses of family housing for the Navy and Ma22 rine Corps for operation and maintenance, including debt 

23 payment, leasing, minor construction, principal and inter24 est charges, and insurance premiums, as authorized by law, 

25 $300,915,000. 


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1 FAMILY HOUSING CONSTRUCTION, AIR FORCE

2 For expenses of family housing for the Air Force for 

3 construction, including acquisition, replacement, addition, 

4 expansion, extension, and alteration, as authorized by law, 

5 $61,352,000, to remain available until September 30, 2021. 

6 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

7 FORCE

8 For expenses of family housing for the Air Force for 

9 operation and maintenance, including debt payment, leas10 ing, minor construction, principal and interest charges, 

11 and insurance premiums, as authorized by law, 

12 $274,429,000. 

13 FAMILY HOUSING OPERATION AND MAINTENANCE, 

14 DEFENSE-WIDE

15 For expenses of family housing for the activities and 

16 agencies of the Department of Defense (other than the mili17 tary departments) for operation and maintenance, leasing, 

18 and minor construction, as authorized by law, $59,157,000. 

19 DEPARTMENT OF DEFENSE FAMILY HOUSING

20 IMPROVEMENT FUND

21 For the Department of Defense Family Housing Im22 provement Fund, $3,258,000, to remain available until ex23 pended, for family housing initiatives undertaken pursuant 

24 to section 2883 of title 10, United States Code, providing 


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1 alternative means of acquiring and improving military 

2 family housing and supporting facilities. 

3 ADMINISTRATIVE PROVISIONS

4 SEC. 101. None of the funds made available in this 

5 title shall be expended for payments under a cost-plus-a6 fixed-fee contract for construction, where cost estimates ex7 ceed $25,000, to be performed within the United States, ex8 cept Alaska, without the specific approval in writing of the 

9 Secretary of Defense setting forth the reasons therefor. 

10 SEC. 102. Funds made available in this title for con11 struction shall be available for hire of passenger motor vehi12 cles. 

13 SEC. 103. Funds made available in this title for con14 struction may be used for advances to the Federal Highway 

15 Administration, Department of Transportation, for the con16 struction of access roads as authorized by section 210 of 

17 title 23, United States Code, when projects authorized there18 in are certified as important to the national defense by the 

19 Secretary of Defense. 

20 SEC. 104. None of the funds made available in this 

21 title may be used to begin construction of new bases in the 

22 United States for which specific appropriations have not 

23 been made. 

24 SEC. 105. None of the funds made available in this 

25 title shall be used for purchase of land or land easements 


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1 in excess of 100 percent of the value as determined by the 

2 Army Corps of Engineers or the Naval Facilities Engineer3 ing Command, except: (1) where there is a determination 

4 of value by a Federal court; (2) purchases negotiated by 

5 the Attorney General or the designee of the Attorney Gen6 eral; (3) where the estimated value is less than $25,000; or 

7 (4) as otherwise determined by the Secretary of Defense to 

8 be in the public interest. 

9 SEC. 106. None of the funds made available in this 

10 title shall be used to: (1) acquire land; (2) provide for site 

11 preparation; or (3) install utilities for any family housing, 

12 except housing for which funds have been made available 

13 in annual Acts making appropriations for military con14 struction. 

15 SEC. 107. None of the funds made available in this 

16 title for minor construction may be used to transfer or relo17 cate any activity from one base or installation to another, 

18 without prior notification to the Committees on Appropria19 tions of both Houses of Congress. 

20 SEC. 108. None of the funds made available in this 

21 title may be used for the procurement of steel for any con22 struction project or activity for which American steel pro23 ducers, fabricators, and manufacturers have been denied the 

24 opportunity to compete for such steel procurement. 


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1 SEC. 109. None of the funds available to the Depart2 ment of Defense for military construction or family housing 

3 during the current fiscal year may be used to pay real prop4 erty taxes in any foreign nation. 

5 SEC. 110. None of the funds made available in this 

6 title may be used to initiate a new installation overseas 

7 without prior notification to the Committees on Appropria8 tions of both Houses of Congress. 

9 SEC. 111. None of the funds made available in this 

10 title may be obligated for architect and engineer contracts 

11 estimated by the Government to exceed $500,000 for projects 

12 to be accomplished in Japan, in any North Atlantic Treaty 

13 Organization member country, or in countries bordering the 

14 Arabian Gulf, unless such contracts are awarded to United 

15 States firms or United States firms in joint venture with 

16 host nation firms. 

17 SEC. 112. None of the funds made available in this 

18 title for military construction in the United States terri19 tories and possessions in the Pacific and on Kwajalein 

20 Atoll, or in countries bordering the Arabian Gulf, may be 

21 used to award any contract estimated by the Government 

22 to exceed $1,000,000 to a foreign contractor: Provided, That 

23 this section shall not be applicable to contract awards for 

24 which the lowest responsive and responsible bid of a United 

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1 sible bid of a foreign contractor by greater than 20 percent: 

2 Provided further, That this section shall not apply to con3 tract awards for military construction on Kwajalein Atoll 

4 for which the lowest responsive and responsible bid is sub5 mitted by a Marshallese contractor. 

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

7 appropriate committees of both Houses of Congress, includ8 ing the Committees on Appropriations, of plans and scope 

9 of any proposed military exercise involving United States 

10 personnel 30 days prior to its occurring, if amounts ex11 pended for construction, either temporary or permanent, 

12 are anticipated to exceed $100,000. 

13 SEC. 114. Funds appropriated to the Department of 

14 Defense for construction in prior years shall be available 

15 for construction authorized for each such military depart16 ment by the authorizations enacted into law during the cur17 rent session of Congress. 

18 SEC. 115. For military construction or family housing 

19 projects that are being completed with funds otherwise ex20 pired or lapsed for obligation, expired or lapsed funds may 

21 be used to pay the cost of associated supervision, inspection, 

22 overhead, engineering and design on those projects and on 

23 subsequent claims, if any. 

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

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1 fense agency for the construction of military projects may 

2 be obligated for a military construction project or contract, 

3 or for any portion of such a project or contract, at any 

4 time before the end of the fourth fiscal year after the fiscal 

5 year for which funds for such project were made available, 

6 if the funds obligated for such project: (1) are obligated from 

7 funds available for military construction projects; and (2) 

8 do not exceed the amount appropriated for such project, 

9 plus any amount by which the cost of such project is in10 creased pursuant to law. 

11 (INCLUDING TRANSFER OF FUNDS)

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

13 days for a notification provided in an electronic medium 

14 pursuant to sections 480 and 2883 of title 10, United States 

15 Code, to the Committees on Appropriations of both Houses 

16 of Congress, such additional amounts as may be determined 

17 by the Secretary of Defense may be transferred to: (1) the 

18 Department of Defense Family Housing Improvement Fund 

19 from amounts appropriated for construction in ‘‘Family 

20 Housing’’ accounts, to be merged with and to be available 

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

22 amounts appropriated directly to the Fund; or (2) the De23 partment of Defense Military Unaccompanied Housing Im24 provement Fund from amounts appropriated for construc25 tion of military unaccompanied housing in ‘‘Military ConVerDate Sep 11 2014 01:31 Sep 29, 2016 Jkt 059200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6203 E:\BILLS\H5325.PP H5325

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1 struction’’ accounts, to be merged with and to be available 

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

3 amounts appropriated directly to the Fund: Provided, That 

4 appropriations made available to the Funds shall be avail5 able to cover the costs, as defined in section 502(5) of the 

6 Congressional Budget Act of 1974, of direct loans or loan 

7 guarantees issued by the Department of Defense pursuant 

8 to the provisions of subchapter IV of chapter 169 of title 

9 10, United States Code, pertaining to alternative means of 

10 acquiring and improving military family housing, military 

11 unaccompanied housing, and supporting facilities. 

12 (INCLUDING TRANSFER OF FUNDS)

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

14 available to the Department of Defense, amounts may be 

15 transferred from the Department of Defense Base Closure 

16 Account to the fund established by section 1013(d) of the 

17 Demonstration Cities and Metropolitan Development Act of 

18 1966 (42 U.S.C. 3374) to pay for expenses associated with 

19 the Homeowners Assistance Program incurred under 42 

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

21 merged with and be available for the same purposes and 

22 for the same time period as the fund to which transferred. 

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

24 funds made available in this title for operation and mainte25 nance of family housing shall be the exclusive source of 


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1 funds for repair and maintenance of all family housing 

2 units, including general or flag officer quarters: Provided, 

3 That not more than $35,000 per unit may be spent annu4 ally for the maintenance and repair of any general or flag 

5 officer quarters without 30 days prior notification, or 14 

6 days for a notification provided in an electronic medium 

7 pursuant to sections 480 and 2883 of title 10, United States 

8 Code, to the Committees on Appropriations of both Houses 

9 of Congress, except that an after-the-fact notification shall 

10 be submitted if the limitation is exceeded solely due to costs 

11 associated with environmental remediation that could not 

12 be reasonably anticipated at the time of the budget submis13 sion: Provided further, That the Under Secretary of Defense 

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

15 Appropriations of both Houses of Congress all operation 

16 and maintenance expenditures for each individual general 

17 or flag officer quarters for the prior fiscal year. 

18 SEC. 120. Amounts contained in the Ford Island Im19 provement Account established by subsection (h) of section 

20 2814 of title 10, United States Code, are appropriated and 

21 shall be available until expended for the purposes specified 

22 in subsection (i)(1) of such section or until transferred pur23 suant to subsection (i)(3) of such section. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 121. During the 5-year period after appropria3 tions available in this Act to the Department of Defense 

4 for military construction and family housing operation and 

5 maintenance and construction have expired for obligation, 

6 upon a determination that such appropriations will not be 

7 necessary for the liquidation of obligations or for making 

8 authorized adjustments to such appropriations for obliga9 tions incurred during the period of availability of such ap10 propriations, unobligated balances of such appropriations 

11 may be transferred into the appropriation ‘‘Foreign Cur12 rency Fluctuations, Construction, Defense’’, to be merged 

13 with and to be available for the same time period and for 

14 the same purposes as the appropriation to which trans15 ferred. 

16 SEC. 122. (a) Except as provided in subsection (b), 

17 none of the funds made available in this Act may be used 

18 by the Secretary of the Army to relocate a unit in the Army 

19 that— 

20 (1) performs a testing mission or function that 

21 is not performed by any other unit in the Army and 

22 is specifically stipulated in title 10, United States 

23 Code; and 

24 (2) is located at a military installation at which 

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1 ment of the Army and Army contractor personnel em2 ployed exceeds 10 percent of the total number of mem3 bers of the regular and reserve components of the 

4 Army assigned to the installation. 

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

6 Secretary of the Army certifies to the congressional defense 

7 committees that in proposing the relocation of the unit of 

8 the Army, the Secretary complied with Army Regulation 

9 5–10 relating to the policy, procedures, and responsibilities 

10 for Army stationing actions. 

11 SEC. 123. Amounts appropriated or otherwise made 

12 available in an account funded under the headings in this 

13 title may be transferred among projects and activities with14 in the account in accordance with the reprogramming 

15 guidelines for military construction and family housing 

16 construction contained in Department of Defense Financial 

17 Management Regulation 7000.14–R, Volume 3, Chapter 7, 

18 of March 2011, as in effect on the date of enactment of this 

19 Act. 

20 SEC. 124. None of the funds made available in this 

21 title may be obligated or expended for planning and design 

22 and construction of projects at Arlington National Ceme23 tery. 


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1 SEC. 125. For an additional amount for the accounts 

2 and in the amounts specified, to remain available until 

3 September 30, 2021: 

4 ‘‘Military Construction, Army’’, $40,500,000; 

5 ‘‘Military Construction, Navy and Marine 

6 Corps’’, $227,099,000; 

7 ‘‘Military Construction, Air Force’’, 

8 $149,500,000; 

9 ‘‘Military Construction, Army National Guard’’, 

10 $67,500,000; 

11 ‘‘Military Construction, Air National Guard’’, 

12 $11,000,000; 

13 ‘‘Military Construction, Army Reserve’’, 

14 $30,000,000: 

15 Provided, That such funds may only be obligated to carry 

16 out construction projects identified in the respective mili17 tary department’s unfunded priority list for fiscal year 

18 2017 submitted to Congress by the Secretary of Defense: 

19 Provided further, That such projects are subject to author20 ization prior to obligation and expenditure of funds to 

21 carry out construction: Provided further, That not later 

22 than 30 days after enactment of this Act, the Secretary of 

23 the military department concerned, or his or her designee, 

24 shall submit to the Committees on Appropriations of both 


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1 Houses of Congress an expenditure plan for funds provided 

2 under this section. 

3 SEC. 126. For an additional amount for ‘‘Military 

4 Construction, Navy and Marine Corps’’, $89,400,000, to re5 main available until September 30, 2021: Provided, That, 

6 such funds may only be obligated to carry out construction 

7 projects identified by the Department of the Navy in its 

8 June 8, 2016, unfunded priority list submission to the Com9 mittees on Appropriations of both Houses of Congress de10 tailing unfunded reprogramming and emergency construc11 tion requirements: Provided further, That, not later than 

12 30 days after enactment of this Act, the Secretary of the 

13 Navy, or his or her designee, shall submit to the Committees 

14 an expenditure plan for funds provided under this section. 

15 (RESCISSIONS OF FUNDS)

16 SEC. 127. Of the unobligated balances available to the 

17 Department of Defense from prior appropriation Acts, the 

18 following funds are hereby rescinded from the following ac19 counts in the amounts specified: 

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

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

22 ‘‘Military Construction, Defense-Wide’’, 

23 $171,600,000, of which $30,000,000 are to be derived 

24 from amounts made available for Missile Defense 

25 Agency planning and design; and 


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1 ‘‘North Atlantic Treaty Organization Security 

2 Investment Program’’, $30,000,000: 

3 Provided, That no amounts may be rescinded from amounts 

4 that were designated by the Congress for Overseas Contin5 gency Operations/Global War on Terrorism or as an emer6 gency requirement pursuant to a concurrent resolution on 

7 the budget or the Balanced Budget and Emergency Deficit 

8 Control Act of 1985, as amended. 

9 (RESCISSION OF FUNDS)

10 SEC. 128. Of the unobligated balances made available 

11 in prior appropriation Acts for the fund established in sec12 tion 1013(d) of the Demonstration Cities and Metropolitan 

13 Development Act of 1966 (42 U.S.C. 3374) (other than ap14 propriations designated by law as being for contingency op15 erations directly related to the global war on terrorism or 

16 as an emergency requirement), $25,000,000 are hereby re17 scinded. 

18 SEC. 129. For the purposes of this Act, the term ‘‘con19 gressional defense committees’’ means the Committees on 

20 Armed Services of the House of Representatives and the 

21 Senate, the Subcommittee on Military Construction and 

22 Veterans Affairs of the Committee on Appropriations of the 

23 Senate, and the Subcommittee on Military Construction 

24 and Veterans Affairs of the Committee on Appropriations 

25 of the House of Representatives. 


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1 SEC. 130. None of the funds made available by this 

2 Act may be used to carry out the closure or realignment 

3 of the United States Naval Station, Guanta ́namo Bay, 

4 Cuba. 

5 SEC. 131. Notwithstanding any other provision of law, 

6 none of the funds appropriated or otherwise made available 

7 by this or any other Act may be used to consolidate or relo8 cate any element of a United States Air Force Rapid Engi9 neer Deployable Heavy Operational Repair Squadron En10 gineer (RED HORSE) outside of the United States until 

11 the Secretary of the Air Force (1) completes an analysis 

12 and comparison of the cost and infrastructure investment 

13 required to consolidate or relocate a RED HORSE squad14 ron outside of the United States versus within the United 

15 States; (2) provides to the Committees on Appropriations 

16 of both Houses of Congress (‘‘the Committees’’) a report de17 tailing the findings of the cost analysis; and (3) certifies 

18 in writing to the Committees that the preferred site for the 

19 consolidation or relocation yields the greatest savings for 

20 the Air Force: Provided, That the term ‘‘United States’’ in 

21 this section does not include any territory or possession of 

22 the United States. 


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1 TITLE II 

2 DEPARTMENT OF VETERANS AFFAIRS 

3 VETERANS BENEFITS ADMINISTRATION

4 COMPENSATION AND PENSIONS

5 (INCLUDING TRANSFER OF FUNDS)

6 For the payment of compensation benefits to or on be7 half of veterans and a pilot program for disability examina8 tions as authorized by section 107 and chapters 11, 13, 18, 

9 51, 53, 55, and 61 of title 38, United States Code; pension 

10 benefits to or on behalf of veterans as authorized by chapters 

11 15, 51, 53, 55, and 61 of title 38, United States Code; and 

12 burial benefits, the Reinstated Entitlement Program for 

13 Survivors, emergency and other officers’ retirement pay, ad14 justed-service credits and certificates, payment of premiums 

15 due on commercial life insurance policies guaranteed under 

16 the provisions of title IV of the Servicemembers Civil Relief 

17 Act (50 U.S.C. App. 541 et seq.) and for other benefits as 

18 authorized by sections 107, 1312, 1977, and 2106, and 

19 chapters 23, 51, 53, 55, and 61 of title 38, United States 

20 Code, $90,119,449,000, to remain available until expended 

21 and to become available on October 1, 2017: Provided, That 

22 not to exceed $17,224,000 of the amount made available for 

23 fiscal year 2018 under this heading shall be reimbursed to 

24 ‘‘General Operating Expenses, Veterans Benefits Adminis25 tration’’, and ‘‘Information Technology Systems’’ for necVerDate Sep 11 2014 01:31 Sep 29, 2016 Jkt 059200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6203 E:\BILLS\H5325.PP H5325

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1 essary expenses in implementing the provisions of chapters 

2 51, 53, and 55 of title 38, United States Code, the funding 

3 source for which is specifically provided as the ‘‘Compensa4 tion and Pensions’’ appropriation: Provided further, That 

5 such sums as may be earned on an actual qualifying pa6 tient basis, shall be reimbursed to ‘‘Medical Care Collections 

7 Fund’’ to augment the funding of individual medical facili8 ties for nursing home care provided to pensioners as author9 ized. 

10 READJUSTMENT BENEFITS

11 For the payment of readjustment and rehabilitation 

12 benefits to or on behalf of veterans as authorized by chapters 

13 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of 

14 title 38, United States Code, $13,708,648,000, to remain 

15 available until expended and to become available on October 

16 1, 2017: Provided, That expenses for rehabilitation program 

17 services and assistance which the Secretary is authorized 

18 to provide under subsection (a) of section 3104 of title 38, 

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

20 (5), and (11) of that subsection, shall be charged to this 

21 account. 

22 VETERANS INSURANCE AND INDEMNITIES

23 For military and naval insurance, national service life 

24 insurance, servicemen’s indemnities, service-disabled vet25 erans insurance, and veterans mortgage life insurance as 


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1 authorized by chapters 19 and 21, title 38, United States 

2 Code, $124,504,000, to remain available until expended, of 

3 which $107,899,000 shall become available on October 1, 

4 2017. 

5 VETERANS HOUSING BENEFIT PROGRAM FUND

6 For the cost of direct and guaranteed loans, such sums 

7 as may be necessary to carry out the program, as authorized 

8 by subchapters I through III of chapter 37 of title 38, 

9 United States Code: Provided, That such costs, including 

10 the cost of modifying such loans, shall be as defined in sec11 tion 502 of the Congressional Budget Act of 1974: Provided 

12 further, That, during fiscal year 2017, within the resources 

13 available, not to exceed $500,000 in gross obligations for 

14 direct loans are authorized for specially adapted housing 

15 loans. 

16 In addition, for administrative expenses to carry out 

17 the direct and guaranteed loan programs, $198,856,000. 

18 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

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

20 chapter 31 of title 38, United States Code: Provided, That 

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

22 be as defined in section 502 of the Congressional Budget 

23 Act of 1974: Provided further, That funds made available 

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1 tions for the principal amount of direct loans not to exceed 

2 $2,517,000. 

3 In addition, for administrative expenses necessary to 

4 carry out the direct loan program, $389,000, which may 

5 be paid to the appropriation for ‘‘General Operating Ex6 penses, Veterans Benefits Administration’’. 

7 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

8 ACCOUNT

9 For administrative expenses to carry out the direct 

10 loan program authorized by subchapter V of chapter 37 of 

11 title 38, United States Code, $1,163,000. 

12 GENERAL OPERATING EXPENSES, VETERANS BENEFITS

13 ADMINISTRATION

14 For necessary operating expenses of the Veterans Bene15 fits Administration, not otherwise provided for, including 

16 hire of passenger motor vehicles, reimbursement of the Gen17 eral Services Administration for security guard services, 

18 and reimbursement of the Department of Defense for the 

19 cost of overseas employee mail, $2,856,160,000: Provided, 

20 That expenses for services and assistance authorized under 

21 paragraphs (1), (2), (5), and (11) of section 3104(a) of title 

22 38, United States Code, that the Secretary of Veterans Af23 fairs determines are necessary to enable entitled veterans: 

24 (1) to the maximum extent feasible, to become employable 

25 and to obtain and maintain suitable employment; or (2) 


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1 to achieve maximum independence in daily living, shall be 

2 charged to this account: Provided further, That, of the funds 

3 made available under this heading, not to exceed 5 percent 

4 shall remain available until September 30, 2018. 

5 VETERANS HEALTH ADMINISTRATION

6 MEDICAL SERVICES

7 For necessary expenses for furnishing, as authorized 

8 by law, inpatient and outpatient care and treatment to 

9 beneficiaries of the Department of Veterans Affairs and vet10 erans described in section 1705(a) of title 38, United States 

11 Code, including care and treatment in facilities not under 

12 the jurisdiction of the Department, and including medical 

13 supplies and equipment, bioengineering services, food serv14 ices, and salaries and expenses of healthcare employees 

15 hired under title 38, United States Code, aid to State homes 

16 as authorized by section 1741 of title 38, United States 

17 Code, assistance and support services for caregivers as au18 thorized by section 1720G of title 38, United States Code, 

19 loan repayments authorized by section 604 of the Caregivers 

20 and Veterans Omnibus Health Services Act of 2010 (Public 

21 Law 111–163; 124 Stat. 1174; 38 U.S.C. 7681 note), and 

22 hospital care and medical services authorized by section 

23 1787 of title 38, United States Code; $1,078,993,000, which 

24 shall be in addition to funds previously appropriated under 

25 this heading that become available on October 1, 2016; and, 


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1 in addition, $44,886,554,000, plus reimbursements, shall 

2 become available on October 1, 2017, and shall remain 

3 available until September 30, 2018: Provided, That, of the 

4 amount made available on October 1, 2017, under this 

5 heading, $1,400,000,000 shall remain available until Sep6 tember 30, 2019: Provided further, That, notwithstanding 

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

8 shall establish a priority for the provision of medical treat9 ment for veterans who have service-connected disabilities, 

10 lower income, or have special needs: Provided further, That, 

11 notwithstanding any other provision of law, the Secretary 

12 of Veterans Affairs shall give priority funding for the provi13 sion of basic medical benefits to veterans in enrollment pri14 ority groups 1 through 6: Provided further, That, notwith15 standing any other provision of law, the Secretary of Vet16 erans Affairs may authorize the dispensing of prescription 

17 drugs from Veterans Health Administration facilities to en18 rolled veterans with privately written prescriptions based 

19 on requirements established by the Secretary: Provided fur20 ther, That the implementation of the program described in 

21 the previous proviso shall incur no additional cost to the 

22 Department of Veterans Affairs: Provided further, That the 

23 Secretary of Veterans Affairs shall ensure that sufficient 

24 amounts appropriated under this heading for medical sup25 plies and equipment are available for the acquisition of 


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1 prosthetics designed specifically for female veterans: Pro2 vided further, That the Secretary of Veterans Affairs shall 

3 provide access to therapeutic listening devices to veterans 

4 struggling with mental health related problems, substance 

5 abuse, or traumatic brain injury. 

6 MEDICAL COMMUNITY CARE

7 For necessary expenses for furnishing health care to 

8 individuals pursuant to chapter 17 of title 38, United 

9 States Code, at non-Department facilities, $7,246,181,000, 

10 plus reimbursements, of which $2,000,000,000 shall remain 

11 available until September 30, 2020; and, in addition, 

12 $9,409,118,000 shall become available on October 1, 2017, 

13 and shall remain available until September 30, 2018: Pro14 vided, That of the amount made available on October 1, 

15 2017, $1,500,000,000 shall remain available until Sep16 tember 30, 2021. 

17 MEDICAL SUPPORT AND COMPLIANCE

18 For necessary expenses in the administration of the 

19 medical, hospital, nursing home, domiciliary, construction, 

20 supply, and research activities, as authorized by law; ad21 ministrative expenses in support of capital policy activities; 

22 and administrative and legal expenses of the Department 

23 for collecting and recovering amounts owed the Department 

24 as authorized under chapter 17 of title 38, United States 

25 Code, and the Federal Medical Care Recovery Act (42 


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1 U.S.C. 2651 et seq.), $6,654,480,000, plus reimbursements, 

2 shall become available on October 1, 2017, and shall remain 

3 available until September 30, 2018: Provided, That, of the 

4 amount made available on October 1, 2017, under this 

5 heading, $100,000,000 shall remain available until Sep6 tember 30, 2019. 

7 MEDICAL FACILITIES

8 For necessary expenses for the maintenance and oper9 ation of hospitals, nursing homes, domiciliary facilities, 

10 and other necessary facilities of the Veterans Health Admin11 istration; for administrative expenses in support of plan12 ning, design, project management, real property acquisition 

13 and disposition, construction, and renovation of any facil14 ity under the jurisdiction or for the use of the Department; 

15 for oversight, engineering, and architectural activities not 

16 charged to project costs; for repairing, altering, improving, 

17 or providing facilities in the several hospitals and homes 

18 under the jurisdiction of the Department, not otherwise pro19 vided for, either by contract or by the hire of temporary 

20 employees and purchase of materials; for leases of facilities; 

21 and for laundry services; $247,668,000, which shall be in 

22 addition to funds previously appropriated under this head23 ing that become available on October 1, 2016; and, in addi24 tion, $5,434,880,000, plus reimbursements, shall become 

25 available on October 1, 2017, and shall remain available 


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1 until September 30, 2018: Provided, That, of the amount 

2 made available on October 1, 2017, under this heading, 

3 $250,000,000 shall remain available until September 30, 

4 2019. 

5 MEDICAL AND PROSTHETIC RESEARCH

6 For necessary expenses in carrying out programs of 

7 medical and prosthetic research and development as author8 ized by chapter 73 of title 38, United States Code, 

9 $675,366,000, plus reimbursements, shall remain available 

10 until September 30, 2018: Provided, That the Secretary of 

11 Veterans Affairs shall ensure that sufficient amounts appro12 priated under this heading are available for prosthetic re13 search specifically for female veterans, and for toxic expo14 sure research. 

15 NATIONAL CEMETERY ADMINISTRATION

16 For necessary expenses of the National Cemetery Ad17 ministration for operations and maintenance, not otherwise 

18 provided for, including uniforms or allowances therefor; 

19 cemeterial expenses as authorized by law; purchase of one 

20 passenger motor vehicle for use in cemeterial operations; 

21 hire of passenger motor vehicles; and repair, alteration or 

22 improvement of facilities under the jurisdiction of the Na23 tional Cemetery Administration, $286,193,000, of which 

24 not to exceed 10 percent shall remain available until Sep25 tember 30, 2018. 


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1 DEPARTMENTAL ADMINISTRATION

2 GENERAL ADMINISTRATION

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary operating expenses of the Department of 

5 Veterans Affairs, not otherwise provided for, including ad6 ministrative expenses in support of Department-wide cap7 ital planning, management and policy activities, uniforms, 

8 or allowances therefor; not to exceed $25,000 for official re9 ception and representation expenses; hire of passenger 

10 motor vehicles; and reimbursement of the General Services 

11 Administration for security guard services, $345,391,000, 

12 of which not to exceed 5 percent shall remain available until 

13 September 30, 2018: Provided, That funds provided under 

14 this heading may be transferred to ‘‘General Operating Ex15 penses, Veterans Benefits Administration’’. 

16 BOARD OF VETERANS APPEALS

17 For necessary operating expenses of the Board of Vet18 erans Appeals, $156,096,000, of which not to exceed 10 per19 cent shall remain available until September 30, 2018. 

20 INFORMATION TECHNOLOGY SYSTEMS

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses for information technology sys23 tems and telecommunications support, including develop24 mental information systems and operational information 

25 systems; for pay and associated costs; and for the capital 


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1 asset acquisition of information technology systems, includ2 ing management and related contractual costs of said ac3 quisitions, including contractual costs associated with oper4 ations authorized by section 3109 of title 5, United States 

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

6 $1,272,548,000 shall be for pay and associated costs, of 

7 which not to exceed $37,100,000 shall remain available 

8 until September 30, 2018: Provided further, That 

9 $2,534,442,000 shall be for operations and maintenance, of 

10 which not to exceed $180,200,000 shall remain available 

11 until September 30, 2018: Provided further, That 

12 $471,269,000 shall be for information technology systems 

13 development, modernization, and enhancement, and shall 

14 remain available until September 30, 2018: Provided fur15 ther, That amounts made available for information tech16 nology systems development, modernization, and enhance17 ment may not be obligated or expended until the Secretary 

18 of Veterans Affairs or the Chief Information Officer of the 

19 Department of Veterans Affairs submits to the Committees 

20 on Appropriations of both Houses of Congress a certifi21 cation of the amounts, in parts or in full, to be obligated 

22 and expended for each development project: Provided fur23 ther, That amounts made available for salaries and ex24 penses, operations and maintenance, and information tech25 nology systems development, modernization, and enhanceVerDate Sep 11 2014 01:31 Sep 29, 2016 Jkt 059200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6203 E:\BILLS\H5325.PP H5325

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1 ment may be transferred among the three subaccounts after 

2 the Secretary of Veterans Affairs requests from the Commit3 tees on Appropriations of both Houses of Congress the au4 thority to make the transfer and an approval is issued: Pro5 vided further, That amounts made available for the ‘‘Infor6 mation Technology Systems’’ account for development, mod7 ernization, and enhancement may be transferred among 

8 projects or to newly defined projects: Provided further, That 

9 no project may be increased or decreased by more than 

10 $1,000,000 of cost prior to submitting a request to the Com11 mittees on Appropriations of both Houses of Congress to 

12 make the transfer and an approval is issued, or absent a 

13 response, a period of 30 days has elapsed: Provided further, 

14 That funds under this heading may be used by the Inter15 agency Program Office through the Department of Veterans 

16 Affairs to define data standards, code sets, and value sets 

17 used to enable interoperability: Provided further, That of 

18 the funds made available for information technology sys19 tems development, modernization, and enhancement for 

20 VistA Evolution or any successor program, not more than 

21 25 percent may be obligated or expended until the Secretary 

22 of Veterans Affairs: 

23 (1) submits to the Committees on Appropriations 

24 of both Houses of Congress the VistA Evolution Busi25 ness Case and supporting documents regarding conVerDate Sep 11 2014 01:31 Sep 29, 2016 Jkt 059200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6203 E:\BILLS\H5325.PP H5325

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1 tinuation of VistA Evolution or alternatives to VistA 

2 Evolution, including an analysis of necessary or de3 sired capabilities, technical and security require4 ments, the plan for modernizing the platform frame5 work, and all associated costs; 

6 (2) submits to the Committees on Appropriations 

7 of both Houses of Congress, and such Committees ap8 prove, the following: a report that describes a strategic 

9 plan for VistA Evolution, or any successor program, 

10 and the associated implementation plan including 

11 metrics and timelines; a master schedule and lifecycle 

12 cost estimate for VistA Evolution or any successor; 

13 and an implementation plan for the transition from 

14 the Project Management Accountability System to a 

15 new project delivery framework, the Veteran-focused 

16 Integration Process, that includes the methodology by 

17 which projects will be tracked, progress measured, and 

18 deliverables evaluated; 

19 (3) submits to the Committees on Appropriations 

20 of both Houses of Congress a report outlining the stra21 tegic plan to reach interoperability with private sec22 tor healthcare providers, the timeline for reaching 

23 ‘‘meaningful use’’ as defined by the Office of National 

24 Coordinator for Health Information Technology for 

25 each data domain covered under the VistA Evolution 


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1 program, and the extent to which the Department of 

2 Veterans Affairs leverages the State Health Informa3 tion Exchanges to share health data with private sec4 tor providers; 

5 (4) submits to the Committees on Appropriations 

6 of both Houses of Congress, and such Committees ap7 prove, the following: a report that describes the extent 

8 to which VistA Evolution, or any successor program, 

9 maximizes the use of commercially available software 

10 used by DoD and the private sector, requires an open 

11 architecture that leverages best practices and rapidly 

12 adapts to technologies produced by the private sector, 

13 enhances full interoperability between the VA and 

14 DoD and between VA and the private sector, and en15 sures the security of personally identifiable informa16 tion of veterans and beneficiaries; and 

17 (5) certifies in writing to the Committees on Ap18 propriations of both Houses of Congress that the De19 partment of Veterans Affairs has met the require20 ments contained in the National Defense Authoriza21 tion Act of Fiscal Year 2014 (Public Law 113–66) 

22 which require that electronic health record systems of 

23 the Department of Defense and the Department of 

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1 quirements identified by the DoD/VA Interagency 

2 Program Office in collaboration with the Office of Na3 tional Coordinator for Health Information Tech4 nology: 

5 Provided further, That the funds made available under this 

6 heading for information technology systems development, 

7 modernization, and enhancement, shall be for the projects, 

8 and in the amounts, specified under this heading in the 

9 joint explanatory statement accompanying this Act. 

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector Gen12 eral, to include information technology, in carrying out the 

13 provisions of the Inspector General Act of 1978 (5 U.S.C. 

14 App.), $160,106,000, of which not to exceed 10 percent shall 

15 remain available until September 30, 2018. 

16 CONSTRUCTION, MAJOR PROJECTS

17 For constructing, altering, extending, and improving 

18 any of the facilities, including parking projects, under the 

19 jurisdiction or for the use of the Department of Veterans 

20 Affairs, or for any of the purposes set forth in sections 316, 

21 2404, 2406 and chapter 81 of title 38, United States Code, 

22 not otherwise provided for, including planning, architec23 tural and engineering services, construction management 

24 services, maintenance or guarantee period services costs as25 sociated with equipment guarantees provided under the 


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1 project, services of claims analysts, offsite utility and storm 

2 drainage system construction costs, and site acquisition, 

3 where the estimated cost of a project is more than the 

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

5 States Code, or where funds for a project were made avail6 able in a previous major project appropriation, 

7 $528,110,000, of which $478,110,000 shall remain available 

8 until September 30, 2021, and of which $50,000,000 shall 

9 remain available until expended: Provided, That except for 

10 advance planning activities, including needs assessments 

11 which may or may not lead to capital investments, and 

12 other capital asset management related activities, including 

13 portfolio development and management activities, and in14 vestment strategy studies funded through the advance plan15 ning fund and the planning and design activities funded 

16 through the design fund, including needs assessments which 

17 may or may not lead to capital investments, and salaries 

18 and associated costs of the resident engineers who oversee 

19 those capital investments funded through this account and 

20 contracting officers who manage specific major construction 

21 projects, and funds provided for the purchase, security, and 

22 maintenance of land for the National Cemetery Administra23 tion through the land acquisition line item, none of the 

24 funds made available under this heading shall be used for 

25 any project that has not been notified to Congress through 


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1 the budgetary process or that has not been approved by the 

2 Congress through statute, joint resolution, or in the explan3 atory statement accompanying such Act and presented to 

4 the President at the time of enrollment: Provided further, 

5 That funds made available under this heading for fiscal 

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

7 by the awarding of a construction documents contract by 

8 September 30, 2017; and (2) by the awarding of a construc9 tion contract by September 30, 2018: Provided further, That 

10 the Secretary of Veterans Affairs shall promptly submit to 

11 the Committees on Appropriations of both Houses of Con12 gress a written report on any approved major construction 

13 project for which obligations are not incurred within the 

14 time limitations established above: Provided further, That, 

15 of the amount made available under this heading, 

16 $222,620,000 for Veterans Health Administration major 

17 construction projects shall not be available until the Depart18 ment of Veterans Affairs— 

19 (1) enters into an agreement with an appro20 priate non-Department of Veterans Affairs Federal 

21 entity to serve as the design and/or construction agent 

22 for any Veterans Health Administration major con23 struction project with a Total Estimated Cost of 

24 $100,000,000 or above by providing full project man25 agement services, including management of the project 


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1 design, acquisition, construction, and contract 

2 changes, consistent with section 502 of Public Law 

3 114–58; and 

4 (2) certifies in writing that such an agreement 

5 is executed and intended to minimize or prevent sub6 sequent major construction project cost overruns and 

7 provides a copy of the agreement entered into and 

8 any required supplementary information to the Com9 mittees on Appropriations of both Houses of Congress. 

10 CONSTRUCTION, MINOR PROJECTS

11 For constructing, altering, extending, and improving 

12 any of the facilities, including parking projects, under the 

13 jurisdiction or for the use of the Department of Veterans 

14 Affairs, including planning and assessments of needs which 

15 may lead to capital investments, architectural and engi16 neering services, maintenance or guarantee period services 

17 costs associated with equipment guarantees provided under 

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

19 storm drainage system construction costs, and site acquisi20 tion, or for any of the purposes set forth in sections 316, 

21 2404, 2406 and chapter 81 of title 38, United States Code, 

22 not otherwise provided for, where the estimated cost of a 

23 project is equal to or less than the amount set forth in sec24 tion 8104(a)(3)(A) of title 38, United States Code, 

25 $372,069,000, to remain available until September 30, 


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1 2021, along with unobligated balances of previous ‘‘Con2 struction, Minor Projects’’ appropriations which are hereby 

3 made available for any project where the estimated cost is 

4 equal to or less than the amount set forth in such section: 

5 Provided, That funds made available under this heading 

6 shall be for: (1) repairs to any of the nonmedical facilities 

7 under the jurisdiction or for the use of the Department 

8 which are necessary because of loss or damage caused by 

9 any natural disaster or catastrophe; and (2) temporary 

10 measures necessary to prevent or to minimize further loss 

11 by such causes. 

12 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

13 FACILITIES

14 For grants to assist States to acquire or construct 

15 State nursing home and domiciliary facilities and to re16 model, modify, or alter existing hospital, nursing home, and 

17 domiciliary facilities in State homes, for furnishing care 

18 to veterans as authorized by sections 8131 through 8137 of 

19 title 38, United States Code, $90,000,000, to remain avail20 able until expended. 

21 GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

22 For grants to assist States and tribal organizations 

23 in establishing, expanding, or improving veterans ceme24 teries as authorized by section 2408 of title 38, United 


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1 States Code, $45,000,000, to remain available until ex2 pended. 

3 ADMINISTRATIVE PROVISIONS

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 201. Any appropriation for fiscal year 2017 for 

6 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, 

7 and ‘‘Veterans Insurance and Indemnities’’ may be trans8 ferred as necessary to any other of the mentioned appro9 priations: Provided, That, before a transfer may take place, 

10 the Secretary of Veterans Affairs shall request from the 

11 Committees on Appropriations of both Houses of Congress 

12 the authority to make the transfer and such Committees 

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

14 has elapsed. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 202. Amounts made available for the Department 

17 of Veterans Affairs for fiscal year 2017, in this or any other 

18 Act, under the ‘‘Medical Services’’, ‘‘Medical Community 

19 Care’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical 

20 Facilities’’ accounts may be transferred among the ac21 counts: Provided, That any transfers among the ‘‘Medical 

22 Services’’, ‘‘Medical Community Care’’, and ‘‘Medical Sup23 port and Compliance’’ accounts of 1 percent or less of the 

24 total amount appropriated to the account in this or any 

25 other Act may take place subject to notification from the 


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1 Secretary of Veterans Affairs to the Committees on Appro2 priations of both Houses of Congress of the amount and 

3 purpose of the transfer: Provided further, That any trans4 fers among the ‘‘Medical Services’’, ‘‘Medical Community 

5 Care’’, and ‘‘Medical Support and Compliance’’ accounts 

6 in excess of 1 percent, or exceeding the cumulative 1 percent 

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

8 requests from the Committees on Appropriations of both 

9 Houses of Congress the authority to make the transfer and 

10 an approval is issued: Provided further, That any transfers 

11 to or from the ‘‘Medical Facilities’’ account may take place 

12 only after the Secretary requests from the Committees on 

13 Appropriations of both Houses of Congress the authority to 

14 make the transfer and an approval is issued. 

15 SEC. 203. Appropriations available in this title for sal16 aries and expenses shall be available for services authorized 

17 by section 3109 of title 5, United States Code; hire of pas18 senger motor vehicles; lease of a facility or land or both; 

19 and uniforms or allowances therefore, as authorized by sec20 tions 5901 through 5902 of title 5, United States Code. 

21 SEC. 204. No appropriations in this title (except the 

22 appropriations for ‘‘Construction, Major Projects’’, and 

23 ‘‘Construction, Minor Projects’’) shall be available for the 

24 purchase of any site for or toward the construction of any 

25 new hospital or home. 


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1 SEC. 205. No appropriations in this title shall be 

2 available for hospitalization or examination of any persons 

3 (except beneficiaries entitled to such hospitalization or ex4 amination under the laws providing such benefits to vet5 erans, and persons receiving such treatment under sections 

6 7901 through 7904 of title 5, United States Code, or the 

7 Robert T. Stafford Disaster Relief and Emergency Assist8 ance Act (42 U.S.C. 5121 et seq.)), unless reimbursement 

9 of the cost of such hospitalization or examination is made 

10 to the ‘‘Medical Services’’ account at such rates as may be 

11 fixed by the Secretary of Veterans Affairs. 

12 SEC. 206. Appropriations available in this title for 

13 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, 

14 and ‘‘Veterans Insurance and Indemnities’’ shall be avail15 able for payment of prior year accrued obligations required 

16 to be recorded by law against the corresponding prior year 

17 accounts within the last quarter of fiscal year 2016. 

18 SEC. 207. Appropriations available in this title shall 

19 be available to pay prior year obligations of corresponding 

20 prior year appropriations accounts resulting from sections 

21 3328(a), 3334, and 3712(a) of title 31, United States Code, 

22 except that if such obligations are from trust fund accounts 

23 they shall be payable only from ‘‘Compensation and Pen24 sions’’. 


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1 (INCLUDING TRANSFER OF FUNDS)

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

3 during fiscal year 2017, the Secretary of Veterans Affairs 

4 shall, from the National Service Life Insurance Fund under 

5 section 1920 of title 38, United States Code, the Veterans’ 

6 Special Life Insurance Fund under section 1923 of title 38, 

7 United States Code, and the United States Government Life 

8 Insurance Fund under section 1955 of title 38, United 

9 States Code, reimburse the ‘‘General Operating Expenses, 

10 Veterans Benefits Administration’’ and ‘‘Information Tech11 nology Systems’’ accounts for the cost of administration of 

12 the insurance programs financed through those accounts: 

13 Provided, That reimbursement shall be made only from the 

14 surplus earnings accumulated in such an insurance pro15 gram during fiscal year 2017 that are available for divi16 dends in that program after claims have been paid and ac17 tuarially determined reserves have been set aside: Provided 

18 further, That if the cost of administration of such an insur19 ance program exceeds the amount of surplus earnings accu20 mulated in that program, reimbursement shall be made 

21 only to the extent of such surplus earnings: Provided fur22 ther, That the Secretary shall determine the cost of adminis23 tration for fiscal year 2017 which is properly allocable to 

24 the provision of each such insurance program and to the 


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1 provision of any total disability income insurance included 

2 in that insurance program. 

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

4 proceeds to reimburse an account for expenses incurred by 

5 that account during a prior fiscal year for providing en6 hanced-use lease services, may be obligated during the fiscal 

7 year in which the proceeds are received. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 210. Funds available in this title or funds for 

10 salaries and other administrative expenses shall also be 

11 available to reimburse the Office of Resolution Management 

12 of the Department of Veterans Affairs and the Office of Em13 ployment Discrimination Complaint Adjudication under 

14 section 319 of title 38, United States Code, for all services 

15 provided at rates which will recover actual costs but not 

16 to exceed $47,668,000 for the Office of Resolution Manage17 ment and $3,932,000 for the Office of Employment Dis18 crimination Complaint Adjudication: Provided, That pay19 ments may be made in advance for services to be furnished 

20 based on estimated costs: Provided further, That amounts 

21 received shall be credited to the ‘‘General Administration’’ 

22 and ‘‘Information Technology Systems’’ accounts for use by 

23 the office that provided the service. 

24 SEC. 211. No funds of the Department of Veterans Af25 fairs shall be available for hospital care, nursing home care, 


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1 or medical services provided to any person under chapter 

2 17 of title 38, United States Code, for a non-service-con3 nected disability described in section 1729(a)(2) of such 

4 title, unless that person has disclosed to the Secretary of 

5 Veterans Affairs, in such form as the Secretary may require, 

6 current, accurate third-party reimbursement information 

7 for purposes of section 1729 of such title: Provided, That 

8 the Secretary may recover, in the same manner as any other 

9 debt due the United States, the reasonable charges for such 

10 care or services from any person who does not make such 

11 disclosure as required: Provided further, That any amounts 

12 so recovered for care or services provided in a prior fiscal 

13 year may be obligated by the Secretary during the fiscal 

14 year in which amounts are received. 

15 (INCLUDING TRANSFER OF FUNDS)

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

17 proceeds or revenues derived from enhanced-use leasing ac18 tivities (including disposal) may be deposited into the 

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

20 Projects’’ accounts and be used for construction (including 

21 site acquisition and disposition), alterations, and improve22 ments of any medical facility under the jurisdiction or for 

23 the use of the Department of Veterans Affairs. Such sums 

24 as realized are in addition to the amount provided for in 


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

2 Projects’’. 

3 SEC. 213. Amounts made available under ‘‘Medical 

4 Services’’ are available— 

5 (1) for furnishing recreational facilities, sup6 plies, and equipment; and 

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

8 other expenses incidental to funerals and burials for 

9 beneficiaries receiving care in the Department. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 214. Such sums as may be deposited to the Med12 ical Care Collections Fund pursuant to section 1729A of 

13 title 38, United States Code, may be transferred to the 

14 ‘‘Medical Services’’ and ‘‘Medical Community Care’’ ac15 counts to remain available until expended for the purposes 

16 of these accounts. 

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

18 into agreements with Federally Qualified Health Centers in 

19 the State of Alaska and Indian tribes and tribal organiza20 tions which are party to the Alaska Native Health Compact 

21 with the Indian Health Service, to provide healthcare, in22 cluding behavioral health and dental care, to veterans in 

23 rural Alaska. The Secretary shall require participating vet24 erans and facilities to comply with all appropriate rules 

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


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

2 the boundaries of the municipality of Anchorage or the 

3 Fairbanks North Star Borough. 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 216. Such sums as may be deposited to the De6 partment of Veterans Affairs Capital Asset Fund pursuant 

7 to section 8118 of title 38, United States Code, may be 

8 transferred to the ‘‘Construction, Major Projects’’ and ‘‘Con9 struction, Minor Projects’’ accounts, to remain available 

10 until expended for the purposes of these accounts. 

11 (RESCISSION OF FUNDS)

12 SEC. 217. Of the amounts appropriated in title II of 

13 division J of Public Law 114–113 under the heading ‘‘Med14 ical Services’’ which become available on October 1, 2016, 

15 $7,246,181,000 are hereby rescinded. 

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

17 fiscal quarter, the Secretary of Veterans Affairs shall submit 

18 to the Committees on Appropriations of both Houses of Con19 gress a report on the financial status of the Department 

20 of Veterans Affairs for the preceding quarter: Provided, 

21 That, at a minimum, the report shall include the direction 

22 contained in the paragraph entitled ‘‘Quarterly reporting’’, 

23 under the heading ‘‘General Administration’’ in the joint 

24 explanatory statement accompanying this Act. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 219. Amounts made available under the ‘‘Medical 

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

4 and Compliance’’, ‘‘Medical Facilities’’, ‘‘General Oper5 ating Expenses, Veterans Benefits Administration’’, ‘‘Gen6 eral Administration’’, and ‘‘National Cemetery Adminis7 tration’’ accounts for fiscal year 2017 may be transferred 

8 to or from the ‘‘Information Technology Systems’’ account: 

9 Provided, That such transfers may not result in a more 

10 than 10 percent aggregate increase in the total amount 

11 made available by this Act for the ‘‘Information Technology 

12 Systems’’ account: Provided further, That, before a transfer 

13 may take place, the Secretary of Veterans Affairs shall re14 quest from the Committees on Appropriations of both 

15 Houses of Congress the authority to make the transfer and 

16 an approval is issued. 

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

18 made available by this Act or any other Act for the Depart19 ment of Veterans Affairs may be used in a manner that 

20 is inconsistent with: (1) section 842 of the Transportation, 

21 Treasury, Housing and Urban Development, the Judiciary, 

22 the District of Columbia, and Independent Agencies Appro23 priations Act, 2006 (Public Law 109–115; 119 Stat. 2506); 

24 or (2) section 8110(a)(5) of title 38, United States Code. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 221. Of the amounts appropriated to the Depart3 ment of Veterans Affairs for fiscal year 2017 for ‘‘Medical 

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

5 and Compliance’’, ‘‘Medical Facilities’’, ‘‘Construction, 

6 Minor Projects’’, and ‘‘Information Technology Systems’’, 

7 up to $274,731,000, plus reimbursements, may be trans8 ferred to the Joint Department of Defense-Department of 

9 Veterans Affairs Medical Facility Demonstration Fund, es10 tablished by section 1704 of the National Defense Authoriza11 tion Act for Fiscal Year 2010 (Public Law 111–84; 123 

12 Stat. 3571) and may be used for operation of the facilities 

13 designated as combined Federal medical facilities as de14 scribed by section 706 of the Duncan Hunter National De15 fense Authorization Act for Fiscal Year 2009 (Public Law 

16 110–417; 122 Stat. 4500): Provided, That additional funds 

17 may be transferred from accounts designated in this section 

18 to the Joint Department of Defense-Department of Veterans 

19 Affairs Medical Facility Demonstration Fund upon written 

20 notification by the Secretary of Veterans Affairs to the Com21 mittees on Appropriations of both Houses of Congress: Pro22 vided further, That section 223 of title II of division J of 

23 Public Law 114–113 is repealed. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 222. Of the amounts appropriated to the Depart3 ment of Veterans Affairs which become available on October 

4 1, 2017, for ‘‘Medical Services’’, ‘‘Medical Community 

5 Care’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical 

6 Facilities’’, up to $280,802,000, plus reimbursements, may 

7 be transferred to the Joint Department of Defense-Depart8 ment of Veterans Affairs Medical Facility Demonstration 

9 Fund, established by section 1704 of the National Defense 

10 Authorization Act for Fiscal Year 2010 (Public Law 111– 

11 84; 123 Stat. 3571) and may be used for operation of the 

12 facilities designated as combined Federal medical facilities 

13 as described by section 706 of the Duncan Hunter National 

14 Defense Authorization Act for Fiscal Year 2009 (Public 

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

16 funds may be transferred from accounts designated in this 

17 section to the Joint Department of Defense-Department of 

18 Veterans Affairs Medical Facility Demonstration Fund 

19 upon written notification by the Secretary of Veterans Af20 fairs to the Committees on Appropriations of both Houses 

21 of Congress. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 223. Such sums as may be deposited to the Med24 ical Care Collections Fund pursuant to section 1729A of 

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1 cilities designated as combined Federal medical facilities as 

2 described by section 706 of the Duncan Hunter National 

3 Defense Authorization Act for Fiscal Year 2009 (Public 

4 Law 110–417; 122 Stat. 4500) shall also be available: (1) 

5 for transfer to the Joint Department of Defense-Department 

6 of Veterans Affairs Medical Facility Demonstration Fund, 

7 established by section 1704 of the National Defense Author8 ization Act for Fiscal Year 2010 (Public Law 111–84; 123 

9 Stat. 3571); and (2) for operations of the facilities des10 ignated as combined Federal medical facilities as described 

11 by section 706 of the Duncan Hunter National Defense Au12 thorization Act for Fiscal Year 2009 (Public Law 110–417; 

13 122 Stat. 4500). 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 224. Of the amounts available in this title for 

16 ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical 

17 Support and Compliance’’, and ‘‘Medical Facilities’’, a 

18 minimum of $15,000,000 shall be transferred to the DOD– 

19 VA Health Care Sharing Incentive Fund, as authorized by 

20 section 8111(d) of title 38, United States Code, to remain 

21 available until expended, for any purpose authorized by sec22 tion 8111 of title 38, United States Code. 

23 SEC. 225. None of the funds available to the Depart24 ment of Veterans Affairs, in this or any other Act, may 

25 be used to replace the current system by which the Veterans 


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1 Integrated Service Networks select and contract for diabetes 

2 monitoring supplies and equipment. 

3 SEC. 226. The Secretary of Veterans Affairs shall no4 tify the Committees on Appropriations of both Houses of 

5 Congress of all bid savings in a major construction project 

6 that total at least $5,000,000, or 5 percent of the pro7 grammed amount of the project, whichever is less: Provided, 

8 That such notification shall occur within 14 days of a con9 tract identifying the programmed amount: Provided fur10 ther, That the Secretary shall notify the Committees on Ap11 propriations of both Houses of Congress 14 days prior to 

12 the obligation of such bid savings and shall describe the an13 ticipated use of such savings. 

14 SEC. 227. None of the funds made available for ‘‘Con15 struction, Major Projects’’ may be used for a project in ex16 cess of the scope specified for that project in the original 

17 justification data provided to the Congress as part of the 

18 request for appropriations unless the Secretary of Veterans 

19 Affairs receives approval from the Committees on Appro20 priations of both Houses of Congress. 

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

22 fiscal quarter, the Secretary of Veterans Affairs shall submit 

23 to the Committees on Appropriations of both Houses of Con24 gress a quarterly report containing performance measures 

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1 gional Office: Provided, That, at a minimum, the report 

2 shall include the direction contained in the section entitled 

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

4 Operating Expenses, Veterans Benefits Administration’’ in 

5 the joint explanatory statement accompanying this Act. 

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

7 Veterans Affairs for fiscal year 2017 for ‘‘Medical Support 

8 and Compliance’’ a maximum of $40,000,000 may be obli9 gated from the ‘‘Medical Support and Compliance’’ account 

10 for the VistA Evolution and electronic health record inter11 operability projects: Provided, That funds in addition to 

12 these amounts may be obligated for the VistA Evolution and 

13 electronic health record interoperability projects upon writ14 ten notification by the Secretary of Veterans Affairs to the 

15 Committees on Appropriations of both Houses of Congress. 

16 SEC. 230. The Secretary of Veterans Affairs shall pro17 vide written notification to the Committees on Appropria18 tions of both Houses of Congress 15 days prior to organiza19 tional changes which result in the transfer of 25 or more 

20 full-time equivalents from one organizational unit of the 

21 Department of Veterans Affairs to another. 

22 SEC. 231. The Secretary of Veterans Affairs shall pro23 vide on a quarterly basis to the Committees on Appropria24 tions of both Houses of Congress notification of any single 


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1 national outreach and awareness marketing campaign in 

2 which obligations exceed $2,000,000. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 232. The Secretary of Veterans Affairs, upon de5 termination that such action is necessary to address needs 

6 of the Veterans Health Administration, may transfer to the 

7 ‘‘Medical Services’’ account any discretionary appropria8 tions made available for fiscal year 2017 in this title (except 

9 appropriations made to the ‘‘General Operating Expenses, 

10 Veterans Benefits Administration’’ account) or any discre11 tionary unobligated balances within the Department of Vet12 erans Affairs, including those appropriated for fiscal year 

13 2017, that were provided in advance by appropriations 

14 Acts: Provided, That transfers shall be made only with the 

15 approval of the Office of Management and Budget: Provided 

16 further, That the transfer authority provided in this section 

17 is in addition to any other transfer authority provided by 

18 law: Provided further, That no amounts may be transferred 

19 from amounts that were designated by Congress as an emer20 gency requirement pursuant to a concurrent resolution on 

21 the budget or the Balanced Budget and Emergency Deficit 

22 Control Act of 1985: Provided further, That such authority 

23 to transfer may not be used unless for higher priority items, 

24 based on emergent healthcare requirements, than those for 

25 which originally appropriated and in no case where the 


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1 item for which funds are requested has been denied by Con2 gress: Provided further, That, upon determination that all 

3 or part of the funds transferred from an appropriation are 

4 not necessary, such amounts may be transferred back to that 

5 appropriation and shall be available for the same purposes 

6 as originally appropriated: Provided further, That before 

7 a transfer may take place, the Secretary of Veterans Affairs 

8 shall request from the Committees on Appropriations of 

9 both Houses of Congress the authority to make the transfer 

10 and receive approval of that request. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 233. Amounts made available for the Department 

13 of Veterans Affairs for fiscal year 2017, under the ‘‘Board 

14 of Veterans Appeals’’ and the ‘‘General Operating Expenses, 

15 Veterans Benefits Administration’’ accounts may be trans16 ferred between such accounts: Provided, That before a trans17 fer may take place, the Secretary of Veterans Affairs shall 

18 request from the Committees on Appropriations of both 

19 Houses of Congress the authority to make the transfer and 

20 receive approval of that request. 

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

22 reprogram funds among major construction projects or pro23 grams if such instance of reprogramming will exceed 

24 $5,000,000, unless such reprogramming is approved by the 

25 Committees on Appropriations of both Houses of Congress. 


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1 (RESCISSION OF FUNDS)

2 SEC. 235. Of the unobligated balances available within 

3 the ‘‘DOD–VA Health Care Sharing Incentive Fund’’, 

4 $40,000,000 are hereby rescinded. 

5 (RESCISSIONS OF FUNDS)

6 SEC. 236. Of the discretionary funds made available 

7 in Public Law 114–113 for the Department of Veterans Af8 fairs for fiscal year 2017, $134,000,000 are rescinded from 

9 ‘‘Medical Services’’, $26,000,000 are rescinded from ‘‘Med10 ical Support and Compliance’’, and $9,000,000 are re11 scinded from ‘‘Medical Facilities’’. 

12 SEC. 237. The amounts otherwise made available by 

13 this Act for the following accounts of the Department of Vet14 erans Affairs are hereby reduced by the following amounts: 

15 (1) ‘‘Veterans Health Administration—Medical 

16 and Prosthetic Research’’, $2,000,000. 

17 (2) ‘‘Departmental Administration—Board of 

18 Veterans Appeals’’, $500,000. 

19 (3) ‘‘Veterans Benefits Administration—General 

20 Operating Expenses, Veterans Benefits Administra21 tion’’, $12,000,000. 

22 (4) ‘‘Departmental Administration—Informa23 tion Technology Systems’’, $8,000,000. 

24 (5) ‘‘Departmental Administration—Office of 

25 Inspector General’’, $500,000. 


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1 SEC. 238. The Secretary of Veterans Affairs shall en2 sure that the toll-free suicide hotline under section 1720F(h) 

3 of title 38, United States Code— 

4 (1) provides to individuals who contact the hot5 line immediate assistance from a trained professional; 

6 and 

7 (2) adheres to all requirements of the American 

8 Association of Suicidology. 

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

10 treat a marriage and family therapist described in sub11 section (b) as qualified to serve as a marriage and family 

12 therapist in the Department of Veterans Affairs, regardless 

13 of any requirements established by the Commission on Ac14 creditation for Marriage and Family Therapy Education. 

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

16 subsection is a therapist who meets each of the following 

17 criteria: 

18 (1) Has a masters or higher degree in marriage 

19 and family therapy, or a related field, from a region20 ally accredited institution. 

21 (2) Is licensed as a marriage and family thera22 pist in a State (as defined in section 101(20) of title 

23 38, United States Code) and possesses the highest level 

24 of licensure offered from the State. 


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1 (3) Has passed the Association of Marital and 

2 Family Therapy Regulatory Board Examination in 

3 Marital and Family Therapy or a related examina4 tion for licensure administered by a State (as so de5 fined). 

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

7 may be used to close Department of Veterans Affairs (VA) 

8 hospitals, domiciliaries, or clinics, conduct an environ9 mental assessment, or to diminish healthcare services at ex10 isting Veterans Health Administration medical facilities lo11 cated in Veterans Integrated Service Network 23 as part 

12 of a planned realignment of VA services until the Secretary 

13 provides to the Committees on Appropriations of both 

14 Houses of Congress a report including the following ele15 ments: 

16 (1) a national realignment strategy that includes 

17 a detailed description of realignment plans within 

18 each Veterans Integrated Service Network (VISN), in19 cluding an updated Long Range Capital Plan to im20 plement realignment requirements; 

21 (2) an explanation of the process by which those 

22 plans were developed and coordinated within each 

23 VISN; 

24 (3) a cost vs. benefit analysis of each planned re25 alignment, including the cost of replacing Veterans 


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1 Health Administration services with contract care or 

2 other outsourced services; 

3 (4) an analysis of how any such planned re4 alignment of services will impact access to care for 

5 veterans living in rural or highly rural areas, includ6 ing travel distances and transportation costs to access 

7 a VA medical facility and availability of local spe8 cialty and primary care; 

9 (5) an inventory of VA buildings with historic 

10 designation and the methodology used to determine 

11 the buildings’ condition and utilization; 

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

13 consistent with requirements under the National His14 toric Preservation Act; and 

15 (7) consideration given for reuse of historic 

16 buildings within newly identified realignment re17 quirements: Provided, That, this provision shall not 

18 apply to capital projects in VISN 23, or any other 

19 VISN, which have been authorized or approved by 

20 Congress. 

21 SEC. 241. None of the funds appropriated in this or 

22 prior appropriations Acts or otherwise made available to 

23 the Department of Veterans Affairs may be used to transfer 

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1 tion Fund to any other account within the Department of 

2 Veterans Affairs. 

3 SEC. 242. Paragraph (3) of section 403(a) of the Vet4 erans’ Mental Health and Other Care Improvements Act of 

5 2008 (Public Law 110–387; 38 U.S.C. 1703 note) is amend6 ed to read as follows: 

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

8 services under this section during the period begin9 ning on the date specified in paragraph (2) and end10 ing on September 30, 2017.’’. 

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

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

13 new paragraph: 

14 ‘‘(4) Paragraph (1) does not apply to opioid an15 tagonists furnished under this chapter to a veteran 

16 who is at high risk for overdose of a specific medica17 tion or substance in order to reverse the effect of such 

18 an overdose.’’. 

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

20 (1) by striking ‘‘with respect to home health serv21 ices’’ and inserting ‘‘with respect to the following:’’ 

22 ‘‘(A) Home health services’’; and 

23 (2) by adding at the end the following new sub24 paragraph: 


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1 ‘‘(B) Education on the use of opioid antago2 nists to reverse the effects of overdoses of specific 

3 medications or substances.’’. 

4 SEC. 244. Section 312 of title 38, United States Code, 

5 is amended in subsection (c)(1) by striking the phrase ‘‘that 

6 makes a recommendation or otherwise suggests corrective 

7 action,’’. 

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

9 Veterans Affairs for each of fiscal year 2017 and fiscal year 

10 2018 for ‘‘Medical Services’’, funds may be used in each 

11 year to carry out and expand the child care program au12 thorized by section 205 of Public Law 111–163, notwith13 standing subsection (e) of such section. 

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

15 Code, is amended by striking ‘‘may’’ and inserting ‘‘shall’’. 

16 VA PATIENT PROTECTION ACT OF 2016 

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

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

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

20 subchapter: 

21 ‘‘SUBCHAPTER II—WHISTLEBLOWER 

22 COMPLAINTS 

23 ‘‘§ 731. Whistleblower complaint defined 

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

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1 closing, or assisting another employee to disclose, a poten2 tial violation of any law, rule, or regulation, or gross mis3 management, gross waste of funds, abuse of authority, or 

4 substantial and specific danger to public health and safety. 

5 ‘‘§ 732. Treatment of whistleblower complaints 

6 ‘‘(a) FILING.—(1) In addition to any other method es7 tablished by law in which an employee may file a whistle8 blower complaint, an employee of the Department may file 

9 a whistleblower complaint in accordance with subsection (g) 

10 with a supervisor of the employee. 

11 ‘‘(2) Except as provided by subsection (d)(1), in mak12 ing a whistleblower complaint under paragraph (1), an em13 ployee shall file the initial complaint with the immediate 

14 supervisor of the employee. 

15 ‘‘(b) NOTIFICATION.—(1)(A) Not later than four busi16 ness days after the date on which a supervisor receives a 

17 whistleblower complaint by an employee under this section, 

18 the supervisor shall notify, in writing, the employee of 

19 whether the supervisor determines that there is a reasonable 

20 likelihood that the complaint discloses a violation of any 

21 law, rule, or regulation, or gross mismanagement, gross 

22 waste of funds, abuse of authority, or substantial and spe23 cific danger to public health and safety. 

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1 mit to the next-level supervisor and the central whistle2 blower office described in subsection (h) a written report 

3 on the complaint. 

4 ‘‘(2)(A) On a monthly basis, the supervisor shall sub5 mit to the appropriate director or other official who is supe6 rior to the supervisor a written report that includes the 

7 number of whistleblower complaints received by the super8 visor under this section during the month covered by the 

9 report, the disposition of such complaints, and any actions 

10 taken because of such complaints pursuant to subsection (c). 

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

12 carries out this paragraph, the director or official shall sub13 mit such monthly report to the supervisor of the director 

14 or official and to the central whistleblower office described 

15 in subsection (h). 

16 ‘‘(c) POSITIVE DETERMINATION.—If a supervisor 

17 makes a positive determination under subsection (b)(1) re18 garding a whistleblower complaint of an employee, the su19 pervisor shall include in the notification to the employee 

20 under such subsection the specific actions that the super21 visor will take to address the complaint. 

22 ‘‘(d) FILING COMPLAINT WITH NEXT-LEVEL SUPER23 VISORS.—(1) If any circumstance described in paragraph 

24 (3) is met, an employee may file a whistleblower complaint 

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1 visor who shall treat such complaint in accordance with 

2 this section. 

3 ‘‘(2) An employee may file a whistleblower complaint 

4 with the Secretary if the employee has filed the whistle5 blower complaint to each level of supervisors between the 

6 employee and the Secretary in accordance with paragraph 

7 (1). 

8 ‘‘(3) A circumstance described in this paragraph is 

9 any of the following circumstances: 

10 ‘‘(A) A supervisor does not make a timely deter11 mination under subsection (b)(1) regarding a whistle12 blower complaint. 

13 ‘‘(B) The employee who made a whistleblower 

14 complaint determines that the supervisor did not ade15 quately address the complaint pursuant to subsection 

16 (c). 

17 ‘‘(C) The immediate supervisor of the employee 

18 is the basis of the whistleblower complaint. 

19 ‘‘(e) TRANSFER OF EMPLOYEE WHO FILES WHISTLE20 BLOWER COMPLAINT.—If a supervisor makes a positive de21 termination under subsection (b)(1) regarding a whistle22 blower complaint filed by an employee, the Secretary 

23 shall— 


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1 ‘‘(1) inform the employee of the ability to volun2 teer for a transfer in accordance with section 3352 of 

3 title 5; and 

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

5 transfer in accordance with such section. 

6 ‘‘(f) PROHIBITION ON EXEMPTION.—The Secretary 

7 may not exempt any employee of the Department from 

8 being covered by this section. 

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

10 whistleblower complaint filed by an employee under sub11 section (a) or (d) shall consist of the form described in para12 graph (2) and any supporting materials or documentation 

13 the employee determines necessary. 

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

15 developed by the Secretary, in consultation with the Special 

16 Counsel, that includes the following: 

17 ‘‘(A) An explanation of the purpose of the whis18 tleblower complaint form. 

19 ‘‘(B) Instructions for filing a whistleblower com20 plaint as described in this section. 

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

22 complaint under this section does not preclude the 

23 employee from any other method established by law in 

24 which an employee may file a whistleblower com25 plaint. 


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1 ‘‘(D) A statement directing the employee to in2 formation accessible on the Internet website of the De3 partment as described in section 735(d). 

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

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

6 ‘‘(ii) the name of the employee; 

7 ‘‘(iii) the contact information of the em8 ployee; 

9 ‘‘(iv) a summary of the whistleblower com10 plaint (including the option to append sup11 porting documents pursuant to paragraph (1)); 

12 and 

13 ‘‘(v) proposed solutions to the complaint. 

14 ‘‘(F) Any other information or fields that the 

15 Secretary determines appropriate. 

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

17 Counsel, shall develop the form described in paragraph (2) 

18 by not later than 60 days after the date of the enactment 

19 of this section. 

20 ‘‘(h) CENTRAL WHISTLEBLOWER OFFICE.—(1) The 

21 Secretary shall ensure that the central whistleblower of22 fice— 

23 ‘‘(A) is not an element of the Office of the Gen24 eral Counsel; 


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

2 the General Counsel; 

3 ‘‘(C) does not provide, or receive from, the Gen4 eral Counsel any information regarding a whistle5 blower complaint except pursuant to an action re6 garding the complaint before an administrative body 

7 or court; and 

8 ‘‘(D) does not provide advice to the General 

9 Counsel. 

10 ‘‘(2) The central whistleblower office shall be respon11 sible for investigating all whistleblower complaints of the 

12 Department, regardless of whether such complaints are 

13 made by or against an employee who is not a member of 

14 the Senior Executive Service. 

15 ‘‘(3) The Secretary shall ensure that the central whis16 tleblower office maintains a toll-free hotline to anonymously 

17 receive whistleblower complaints. 

18 ‘‘(4) The Secretary shall ensure that the central whis19 tleblower office has such staff and resources as the Secretary 

20 considers necessary to carry out the functions of the central 

21 whistleblower office. 

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

23 office’ means the Office of Accountability Review or a suc24 cessor office that is established or designated by the SecVerDate Sep 11 2014 01:31 Sep 29, 2016 Jkt 059200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6203 E:\BILLS\H5325.PP H5325

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1 retary to investigate whistleblower complaints filed under 

2 this section or any other method established by law. 

3 ‘‘§ 733. Adverse actions against supervisory employees 

4 who commit prohibited personnel actions 

5 relating to whistleblower complaints 

6 ‘‘(a) IN GENERAL.—(1) In accordance with paragraph 

7 (2), the Secretary shall carry out the following adverse ac8 tions against supervisory employees (as defined in section 

9 7103(a) of title 5) whom the Secretary, an administrative 

10 judge, the Merit Systems Protection Board, the Office of 

11 Special Counsel, an adjudicating body provided under a 

12 union contract, a Federal judge, or the Inspector General 

13 of the Department determines committed a prohibited per14 sonnel action described in subsection (c): 

15 ‘‘(A) With respect to the first offense, an adverse 

16 action that is not less than a 12-day suspension and 

17 not more than removal. 

18 ‘‘(B) With respect to the second offense, removal. 

19 ‘‘(2)(A) An employee against whom an adverse action 

20 under paragraph (1) is proposed is entitled to written no21 tice. 

22 ‘‘(B)(i) An employee who is notified under subpara23 graph (A) of being the subject of a proposed adverse action 

24 under paragraph (1) is entitled to 14 days following such 


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1 notification to answer and furnish evidence in support of 

2 the answer. 

3 ‘‘(ii) If the employee does not furnish any such evi4 dence as described in clause (i) or if the Secretary deter5 mines that such evidence is not sufficient to reverse the de6 termination to propose the adverse action, the Secretary 

7 shall carry out the adverse action following such 14-day pe8 riod. 

9 ‘‘(C) Paragraphs (1) and (2) of subsection (b) of sec10 tion 7513 of title 5, subsection (c) of such section, para11 graphs (1) and (2) of subsection (b) of section 7543 of such 

12 title, and subsection (c) of such section shall not apply with 

13 respect to an adverse action carried out under paragraph 

14 (1). 

15 ‘‘(b) LIMITATION ON OTHER ADVERSE ACTIONS.— 

16 With respect to a prohibited personnel action described in 

17 subsection (c), if the Secretary carries out an adverse action 

18 against a supervisory employee, the Secretary may carry 

19 out an additional adverse action under this section based 

20 on the same prohibited personnel action if the total severity 

21 of the adverse actions do not exceed the level specified in 

22 subsection (a). 

23 ‘‘(c) PROHIBITED PERSONNEL ACTION DESCRIBED.— 

24 A prohibited personnel action described in this subsection 

25 is any of the following actions: 


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

2 in violation of section 2302 of title 5 against an em3 ployee relating to the employee— 

4 ‘‘(A) filing a whistleblower complaint in ac5 cordance with section 732 of this title; 

6 ‘‘(B) filing a whistleblower complaint with 

7 the Inspector General of the Department, the 

8 Special Counsel, or Congress; 

9 ‘‘(C) providing information or partici10 pating as a witness in an investigation of a 

11 whistleblower complaint in accordance with sec12 tion 732 or with the Inspector General of the De13 partment, the Special Counsel, or Congress; 

14 ‘‘(D) participating in an audit or inves15 tigation by the Comptroller General of the 

16 United States; 

17 ‘‘(E) refusing to perform an action that is 

18 unlawful or prohibited by the Department; or 

19 ‘‘(F) engaging in communications that are 

20 related to the duties of the position or are other21 wise protected. 

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

23 making an action described in any of subparagraphs 

24 (A) through (F) of paragraph (1). 


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1 ‘‘(3) Conducting a negative peer review or open2 ing a retaliatory investigation because of an activity 

3 of an employee that is protected by section 2302 of 

4 title 5. 

5 ‘‘(4) Requesting a contractor to carry out an ac6 tion that is prohibited by section 4705(b) or section 

7 4712(a)(1) of title 41, as the case may be. 

8 ‘‘§ 734. Evaluation criteria of supervisors and treat9 ment of bonuses 

10 ‘‘(a) EVALUATION CRITERIA.—(1) In evaluating the 

11 performance of supervisors of the Department, the Secretary 

12 shall include the criteria described in paragraph (2). 

13 ‘‘(2) The criteria described in this subsection are the 

14 following: 

15 ‘‘(A) Whether the supervisor treats whistleblower 

16 complaints in accordance with section 732 of this 

17 title. 

18 ‘‘(B) Whether the appropriate deciding official, 

19 performance review board, or performance review 

20 committee determines that the supervisor was found 

21 to have committed a prohibited personnel action de22 scribed in section 733(b) of this title by an adminis23 trative judge, the Merit Systems Protection Board, the 

24 Office of Special Counsel, an adjudicating body pro25 vided under a union contract, a Federal judge, or, in 


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1 the case of a settlement of a whistleblower complaint 

2 (regardless of whether any fault was assigned under 

3 such settlement), the Secretary. 

4 ‘‘(b) BONUSES.—(1) The Secretary may not pay to a 

5 supervisor described in subsection (a)(2)(B) an award or 

6 bonus under this title or title 5, including under chapter 

7 45 or 53 of such title, during the one-year period beginning 

8 on the date on which the determination was made under 

9 such subsection. 

10 ‘‘(2) Notwithstanding any other provision of law, the 

11 Secretary shall issue an order directing a supervisor de12 scribed in subsection (a)(2)(B) to repay the amount of any 

13 award or bonus paid under this title or title 5, including 

14 under chapter 45 or 53 of such title, if— 

15 ‘‘(A) such award or bonus was paid for perform16 ance during a period in which the supervisor com17 mitted a prohibited personnel action as determined 

18 pursuant to such subsection (a)(2)(B); 

19 ‘‘(B) the Secretary determines such repayment 

20 appropriate pursuant to regulations prescribed by the 

21 Secretary to carry out this section; and 

22 ‘‘(C) the supervisor is afforded notice and an op23 portunity for a hearing before making such repay24 ment. 


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1 ‘‘§ 735. Training regarding whistleblower complaints 

2 ‘‘(a) TRAINING.—Not less frequently than once each 

3 year, the Secretary, in coordination with the Whistleblower 

4 Protection Ombudsman designated under section 3(d)(1)(C) 

5 of the Inspector General Act of 1978 (5 U.S.C. App.), shall 

6 provide to each employee of the Department training re7 garding whistleblower complaints, including— 

8 ‘‘(1) an explanation of each method established 

9 by law in which an employee may file a whistleblower 

10 complaint; 

11 ‘‘(2) an explanation of prohibited personnel ac12 tions described by section 733(c) of this title; 

13 ‘‘(3) with respect to supervisors, how to treat 

14 whistleblower complaints in accordance with section 

15 732 of this title; 

16 ‘‘(4) the right of the employee to petition Con17 gress regarding a whistleblower complaint in accord18 ance with section 7211 of title 5; 

19 ‘‘(5) an explanation that the employee may not 

20 be prosecuted or reprised against for disclosing infor21 mation to Congress, the Inspector General, or another 

22 investigatory agency in instances where such disclo23 sure is permitted by law, including under sections 

24 5701, 5705, and 7732 of this title, under section 552a 

25 of title 5 (commonly referred to as the Privacy Act), 

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1 tions promulgated under section 264(c) of the Health 

2 Insurance Portability and Accountability Act of 1996 

3 (Public Law 104–191); 

4 ‘‘(6) an explanation of the language that is re5 quired to be included in all nondisclosure policies, 

6 forms, and agreements pursuant to section 115(a)(1) 

7 of the Whistleblower Protection Enhancement Act of 

8 2012 (5 U.S.C. 2302 note); and 

9 ‘‘(7) the right of contractors to be protected from 

10 reprisal for the disclosure of certain information 

11 under section 4705 or 4712 of title 41. 

12 ‘‘(b) MANNER TRAINING IS PROVIDED.—The Secretary 

13 shall ensure that training provided under subsection (a) is 

14 provided in person. 

15 ‘‘(c) CERTIFICATION.—Not less frequently than once 

16 each year, the Secretary shall provide training on merit 

17 system protection in a manner that the Special Counsel cer18 tifies as being satisfactory. 

19 ‘‘(d) PUBLICATION.—(1) The Secretary shall publish 

20 on the Internet website of the Department, and display 

21 prominently at each facility of the Department, the rights 

22 of an employee to file a whistleblower complaint, including 

23 the information described in paragraphs (1) through (7) of 

24 subsection (a). 


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1 ‘‘(2) The Secretary shall publish on the Internet 

2 website of the Department, the whistleblower complaint 

3 form described in section 732(g)(2). 

4 ‘‘§ 736. Reports to Congress 

5 ‘‘(a) ANNUAL REPORTS.—Not less frequently than once 

6 each year, the Secretary shall submit to the appropriate 

7 committees of Congress a report that includes— 

8 ‘‘(1) with respect to whistleblower complaints 

9 filed under section 732 of this title during the year 

10 covered by the report— 

11 ‘‘(A) the number of such complaints filed; 

12 ‘‘(B) the disposition of such complaints; and 

13 ‘‘(C) the ways in which the Secretary ad14 dressed such complaints in which a positive de15 termination was made by a supervisor under 

16 subsection (b)(1) of such section; 

17 ‘‘(2) the number of whistleblower complaints 

18 filed during the year covered by the report that are 

19 not included under paragraph (1), including— 

20 ‘‘(A) the method in which such complaints 

21 were filed; 

22 ‘‘(B) the disposition of such complaints; and 

23 ‘‘(C) the ways in which the Secretary ad24 dressed such complaints; and 


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1 ‘‘(3) with respect to disclosures made by a con2 tractor under section 4705 or 4712 of title 41— 

3 ‘‘(A) the number of complaints relating to 

4 such disclosures that were investigated by the In5 spector General of the Department of Veterans 

6 Affairs during the year covered by the report; 

7 ‘‘(B) the disposition of such complaints; and 

8 ‘‘(C) the ways in which the Secretary ad9 dressed such complaints. 

10 ‘‘(b) NOTICE OF OFFICE OF SPECIAL COUNSEL DE11 TERMINATIONS.—Not later than 30 days after the date on 

12 which the Secretary receives from the Special Counsel infor13 mation relating to a whistleblower complaint pursuant to 

14 section 1213 of title 5, the Secretary shall notify the appro15 priate committees of Congress of such information, includ16 ing the determination made by the Special Counsel. 

17 ‘‘(c) APPROPRIATE COMMITTEES OF CONGRESS.—In 

18 this section, the term ‘appropriate committees of Congress’ 

19 means— 

20 ‘‘(1) the Committee on Veterans’ Affairs and the 

21 Committee on Homeland Security and Governmental 

22 Affairs of the Senate; and 

23 ‘‘(2) the Committee on Veterans’ Affairs and the 

24 Committee on Oversight and Government Reform of 

25 the House of Representatives.’’. 


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1 (2) CONFORMING AND CLERICAL AMENDMENTS.— 

2 (A) CONFORMING AMENDMENT.—Such chapter is 

3 further amended by inserting before section 701 the 

4 following: 

5 ‘‘SUBCHAPTER I—GENERAL EMPLOYEE 

6 MATTERS’’. 

7 (B) CLERICAL AMENDMENTS.—The table of sec8 tions at the beginning of such chapter is amended— 

9 (i) by inserting before the item relating to 

10 section 701 the following new item: 

‘‘SUBCHAPTER I—GENERAL EMPLOYEE MATTERS’’; 

11 and 

12 (ii) by adding at the end the following new 

13 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.’’. 

14 (b) TREATMENT OF CONGRESSIONAL TESTIMONY BY

15 DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES AS OFFI16 CIAL DUTY.— 

17 (1) IN GENERAL.—Subchapter I of chapter 7 of 

18 title 38, United States Code, as designated by section 

19 2(a)(2)(A), is amended by adding at the end the fol20 lowing new section: 


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1 ‘‘§ 715. Congressional testimony by employees: treat2 ment as official duty 

3 ‘‘(a) CONGRESSIONAL TESTIMONY.—An employee of 

4 the Department is performing official duty during the pe5 riod with respect to which the employee is testifying in an 

6 official capacity in front of either chamber of Congress, a 

7 committee of either chamber of Congress, or a joint or select 

8 committee of Congress. 

9 ‘‘(b) TRAVEL EXPENSES.—The Secretary shall provide 

10 travel expenses, including per diem in lieu of subsistence, 

11 in accordance with applicable provisions under subchapter 

12 I of chapter 57 of title 5, to any employee of the Department 

13 of Veterans Affairs performing official duty described under 

14 subsection (a).’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of such chapter, as amended by 

17 section 2(a)(2)(B), is further amended by inserting 

18 after the item relating to section 713 the following 

19 new item: 

‘‘715. Congressional testimony by employees: treatment as official duty.’’. 

20 SEC. 248. (a) IN GENERAL.—For the purposes of 

21 verifying that an individual performed service under honor22 able conditions that satisfies the requirements of a coastwise 

23 merchant seaman who is recognized pursuant to section 401 

24 of the GI Bill Improvement Act of 1977 (Public Law 95– 

25 202; 38 U.S.C. 106 note) as having performed active duty 


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1 service for the purposes described in subsection (c)(1), the 

2 Secretary of Defense shall accept the following: 

3 (1) In the case of an individual who served on 

4 a coastwise merchant vessel seeking such recognition 

5 for whom no applicable Coast Guard shipping or dis6 charge form, ship logbook, merchant mariner’s docu7 ment or Z-card, or other official employment record 

8 is available, the Secretary of Defense shall provide 

9 such recognition on the basis of applicable Social Se10 curity Administration records submitted for or by the 

11 individual, together with validated testimony given 

12 by the individual or the primary next of kin of the 

13 individual that the individual performed such service 

14 during the period beginning on December 7, 1941, 

15 and ending on December 31, 1946. 

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

17 a coastwise merchant vessel seeking such recognition 

18 for whom the applicable Coast Guard shipping or dis19 charge form, ship logbook, merchant mariner’s docu20 ment or Z-card, or other official employment record 

21 has been destroyed or otherwise become unavailable by 

22 reason of any action committed by a person respon23 sible for the control and maintenance of such form, 

24 logbook, or record, the Secretary of Defense shall ac25 cept other official documentation demonstrating that 


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1 the individual performed such service during period 

2 beginning on December 7, 1941, and ending on De3 cember 31, 1946. 

4 (3) For the purpose of determining whether to 

5 recognize service allegedly performed during the pe6 riod beginning on December 7, 1941, and ending on 

7 December 31, 1946, the Secretary shall recognize mas8 ters of seagoing vessels or other officers in command 

9 of similarly organized groups as agents of the United 

10 States who were authorized to document any indi11 vidual for purposes of hiring the individual to per12 form service in the merchant marine or discharging 

13 an individual from such service. 

14 (b) TREATMENT OF OTHER DOCUMENTATION.—Other 

15 documentation accepted by the Secretary of Defense pursu16 ant to subsection (a)(2) shall satisfy all requirements for 

17 eligibility of service during the period beginning on Decem18 ber 7, 1941, and ending on December 31, 1946. 

19 (c) BENEFITS ALLOWED.— 

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

21 individual whose service is recognized as active duty 

22 pursuant to subsection (a) may be awarded an appro23 priate medal, ribbon, or other military decoration 

24 based on such service. 


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1 (2) STATUS OF VETERAN.—An individual whose 

2 service is recognized as active duty pursuant to sub3 section (a) shall be honored as a veteran but shall not 

4 be entitled by reason of such recognized service to any 

5 benefit that is not described in this subsection. 

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

7 Code, is amended— 

8 (1) by striking ‘‘allowance to a veteran’’ and in9 serting the following: ‘‘allowance to— 

10 ‘‘(A) a veteran’’; 

11 (2) in subparagraph (A), as designated by para12 graph (1), by striking the period at the end and in13 serting ‘‘; and’’; and 

14 (3) by adding at the end the following new sub15 paragraph: 

16 ‘‘(B) a veteran with a VA service-connected dis17 ability rated as 30 percent or greater by the Depart18 ment of Veterans Affairs who is selected by the United 

19 States Olympic Committee for the United States 

20 Olympic Team for any month in which the veteran 

21 is competing in any event sanctioned by the National 

22 Governing Bodies of the United States Olympic 

23 Sports.’’. 


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

2 38, United States Code, is amended by adding at the end 

3 the following new subparagraph: 

4 ‘‘(G) A veteran with vision impairment, a vet5 eran with a spinal cord injury or disorder, or a vet6 eran with double or multiple amputations whose trav7 el is in connection with care provided through a spe8 cial disabilities rehabilitation program of the Depart9 ment (including programs provided by spinal cord 

10 injury centers, blind rehabilitation centers, and pros11 thetics rehabilitation centers) if such care is pro12 vided— 

13 ‘‘(i) on an in-patient basis; or 

14 ‘‘(ii) during a period in which the Sec15 retary provides the veteran with temporary lodg16 ing at a facility of the Department to make such 

17 care more accessible to the veteran.’’. 

18 (b) REPORT.—Not later than 180 days after the date 

19 of the enactment of this Act, the Secretary of Veterans Af20 fairs shall submit to the Committee on Veterans’ Affairs of 

21 the Senate and the Committee on Veterans’ Affairs of the 

22 House of Representatives a report on the beneficiary travel 

23 program under section 111 of title 38, United States Code, 

24 as amended by subsection (a), that includes the following: 

25 (1) The cost of the program. 


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1 (2) The number of veterans served by the pro2 gram. 

3 (3) Such other matters as the Secretary considers 

4 appropriate. 

5 (c) EFFECTIVE DATE.—The amendment made by sub6 section (a) shall take effect on the first day of the first fiscal 

7 year that begins after the date of the enactment of this Act. 

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

9 after the date of the enactment of this Act, the Secretary 

10 of Veterans Affairs shall establish a program to conduct in11 spections of kitchens and food service areas at each medical 

12 facility of the Department of Veterans Affairs. Such inspec13 tions shall occur not less frequently than annually. The pro14 gram’s goal is to ensure that the same standards for kitch15 ens and food service areas at hospitals in the private sector 

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

17 facilities of the Department. 

18 (b) AGREEMENT.— 

19 (1) IN GENERAL.—The Secretary shall seek to 

20 enter into an agreement with the Joint Commission 

21 on Accreditation of Hospital Organizations under 

22 which the Joint Commission on Accreditation of Hos23 pital Organizations conducts the inspections required 

24 under subsection (a). 


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1 (2) ALTERNATE ORGANIZATION.—If the Sec2 retary is unable to enter into an agreement described 

3 in paragraph (1) with the Joint Commission on Ac4 creditation of Hospital Organizations on terms ac5 ceptable to the Secretary, the Secretary shall seek to 

6 enter into such an agreement with another appro7 priate organization that— 

8 (A) is not part of the Federal Government; 

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

10 (C) has expertise and objectivity comparable 

11 to that of the Joint Commission on Accreditation 

12 of Hospital Organizations. 

13 (c) REMEDIATION PLAN.— 

14 (1) INITIAL FAILURE.—If a kitchen or food serv15 ice area of a medical facility of the Department is de16 termined pursuant to an inspection conducted under 

17 subsection (a) not to meet the standards for kitchens 

18 and food service areas in hospitals in the private sec19 tor, that medical facility fails the inspection and the 

20 Secretary shall— 

21 (A) implement a remediation plan for that 

22 medical facility within 72 hours; and 

23 (B) Conduct a second inspection under sub24 section (a) at that medical facility within 14 

25 days of the failed inspection. 


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1 (2) SECOND FAILURE.—If a medical facility of 

2 the Department fails the second inspection conducted 

3 under paragraph (1)(B), the Secretary shall close the 

4 kitchen or food service area at that medical facility 

5 that did not meet the standards for kitchens and food 

6 service areas in hospitals in the private sector until 

7 full remediation is completed and all kitchens and 

8 food service areas at that medical facility meet such 

9 standards. 

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

11 service area is closed at a medical facility of the De12 partment pursuant to paragraph (2), the Director of 

13 the Veterans Integrated Service Network in which the 

14 medical facility is located shall enter into a contract 

15 with a vendor approved by the General Services Ad16 ministration to provide food at the medical facility. 

17 (d) QUARTERLY REPORTS.—Not less frequently than 

18 quarterly, the Under Secretary of Health shall submit to 

19 Congress a report on inspections conducted under this sec20 tion, and their detailed findings and actions taken, during 

21 the preceding quarter at medical facilities of the Depart22 ment. 

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

24 after the date of the enactment of this Act, the Secretary 

25 of Veterans Affairs shall establish a program to conduct 


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1 risk-based inspections for mold and mold issues at each 

2 medical facility of the Department of Veterans Affairs. Such 

3 facilities will be rated high, medium, or low risk for mold. 

4 Such inspections at facilities rated high risk shall occur not 

5 less frequently than annually, and such inspections at fa6 cilities rated medium or low risk shall occur not less fre7 quently than biennially. 

8 (b) AGREEMENT.— 

9 (1) IN GENERAL.—The Secretary shall seek to 

10 enter into an agreement with the Joint Commission 

11 on Accreditation of Hospital Organizations under 

12 which the Joint Commission on Accreditation of Hos13 pital Organizations conducts the inspections required 

14 under subsection (a). 

15 (2) ALTERNATE ORGANIZATION.—If the Sec16 retary is unable to enter into an agreement described 

17 in paragraph (1) with the Joint Commission on Ac18 creditation of Hospital Organizations on terms ac19 ceptable to the Secretary, the Secretary shall seek to 

20 enter into such an agreement with another appro21 priate organization that— 

22 (A) is not part of the Federal Government; 

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


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1 (C) has expertise and objectivity comparable 

2 to that of the Joint Commission on Accreditation 

3 of Hospital Organizations. 

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

5 Department is determined pursuant to an inspection con6 ducted under subsection (a) to have a mold issue, the Sec7 retary shall— 

8 (1) implement a remediation plan for that med9 ical facility within 7 days; and 

10 (2) Conduct a second inspection under subsection 

11 (a) at that medical facility within 90 days of the ini12 tial inspection. 

13 (d) QUARTERLY REPORTS.—Not less frequently than 

14 quarterly, the Under Secretary for Health shall submit to 

15 Congress a report on inspections conducted under this sec16 tion, and their detailed findings and actions taken, during 

17 the preceding quarter at medical facilities of the Depart18 ment. 

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

20 States Code, is amended, in the first sentence, by striking 

21 ‘‘through 2008’’. 

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

23 use amounts appropriated or otherwise made available in 

24 this title to ensure that the ratio of veterans to full-time 

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1 tion conducted under chapter 31 of title 38, United States 

2 Code, does not exceed 125 veterans to one full-time employ3 ment equivalent. 

4 (b) Not later than 180 days after the date of the enact5 ment of this Act, the Secretary shall submit to Congress a 

6 report on the programs of rehabilitation conducted under 

7 chapter 31 of title 38, United States Code, including— 

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

9 each such program; and 

10 (2) recommendations for such action as the Sec11 retary considers necessary to reduce the veteran-to12 staff ratio for each such program. 

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

14 Act may be used to deny an Inspector General funded under 

15 this Act timely access to any records, documents, or other 

16 materials available to the department or agency over which 

17 that Inspector General has responsibilities under the In18 spector General Act of 1978 (5 U.S.C. App.), or to prevent 

19 or impede that Inspector General’s access to such records, 

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

21 except a provision of law that expressly refers to the Inspec22 tor General and expressly limits the Inspector General’s 

23 right of access. 

24 (b) A department or agency covered by this section 

25 shall provide its Inspector General with access to all such 


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1 records, documents, and other materials in a timely man2 ner. 

3 (c) Each Inspector General shall ensure compliance 

4 with statutory limitations on disclosure relevant to the in5 formation provided by the establishment over which that In6 spector General has responsibilities under the Inspector 

7 General Act of 1978 (5 U.S.C. App.). 

8 (d) Each Inspector General covered by this section 

9 shall report to the Committees on Appropriations of the 

10 House of Representatives and the Senate within 5 calendar 

11 days any failures to comply with this requirement. 

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

13 made available in this title may be used by the Secretary 

14 of Veterans Affairs to enter into an agreement related to 

15 resolving a dispute or claim with an individual that would 

16 restrict in any way the individual from speaking to mem17 bers of Congress or their staff on any topic not otherwise 

18 prohibited from disclosure by Federal law or required by 

19 Executive Order to be kept secret in the interest of national 

20 defense or the conduct of foreign affairs. 

21 SEC. 257. Appropriations made available in this Act 

22 under the heading ‘‘Medical Services’’ shall be available to 

23 carry out sections 322(d) and 521A of title 38, United 

24 States Code, to include the payment of the administrative 

25 expenses necessary to carry out such sections. Of the amount 


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1 appropriated for fiscal year 2017, up to $2,000,000 shall 

2 be available for the payment of monthly assistance allow3 ances to veterans pursuant to 38 U.S.C. 322(d) and up to 

4 $8,000,000 shall be available for the payment of grants pur5 suant to 38 U.S.C. 521A. Of the amounts appropriated in 

6 advance for fiscal year 2018, up to $2,000,000 shall be 

7 available for the payment of monthly assistance allowances 

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

9 $8,000,000 shall be available for the payment of grants pur10 suant to 38 U.S.C. 521A. 

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

12 hereafter, beginning with the fiscal year 2018 budget request 

13 submitted to Congress pursuant to section 1105(a) of title 

14 31, United States Code, the budget justification documents 

15 submitted for the ‘‘Construction, Major Projects’’ account 

16 of the Department of Veterans Affairs shall include, at a 

17 minimum, the information required under subsection (b). 

18 (b) The budget justification documents submitted pur19 suant to subsection (a) shall include, for each project— 

20 (1) the estimated total cost of the project; 

21 (2) the funding provided for each fiscal year 

22 prior to the budget year; 

23 (3) the amount requested for the budget year; 


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1 (4) the estimated funding required for the project 

2 for each of the 4 fiscal years succeeding the budget 

3 year; and 

4 (5) such additional information as is enumer5 ated under the heading relating to the ‘‘Construction, 

6 Major Projects’’ account of the Department of Vet7 erans Affairs in the joint explanatory statement ac8 companying this Act. 

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

10 of this Act, the Secretary of Veterans Affairs shall submit 

11 to the Committees on Appropriations of both Houses of Con12 gress a proposed budget justification template that complies 

13 with the requirements of this section. 

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

15 carry out the following major medical facility projects, with 

16 each project to be carried out in an amount not to exceed 

17 the amount specified for that project: 

18 (1) Seismic corrections to buildings, including 

19 retrofitting and replacement of high-risk buildings, in 

20 San Francisco, California, in an amount not to ex21 ceed $180,480,000. 

22 (2) Seismic corrections to facilities, including fa23 cilities to support homeless veterans, at the medical 

24 center in West Los Angeles, California, in an amount 

25 not to exceed $105,500,000. 


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1 (3) Seismic corrections to the mental health and 

2 community living center in Long Beach, California, 

3 in an amount not to exceed $287,100,000. 

4 (4) Construction of an outpatient clinic, admin5 istrative space, cemetery, and columbarium in Ala6 meda, California, in an amount not to exceed 

7 $87,332,000. 

8 (5) Realignment of medical facilities in Liver9 more, California, in an amount not to exceed 

10 $194,430,000. 

11 (6) Construction of a medical center in Louis12 ville, Kentucky, in an amount not to exceed 

13 $150,000,000. 

14 (7) Construction of a replacement community 

15 living center in Perry Point, Maryland, in an 

16 amount not to exceed $92,700,000. 

17 (8) Seismic corrections and other renovations to 

18 several buildings and construction of a specialty care 

19 building in American Lake, Washington, in an 

20 amount not to exceed $16,260,000. 

21 (b) There is authorized to be appropriated to the Sec22 retary of Veterans Affairs for fiscal year 2016 or the year 

23 in which funds are appropriated for the Construction, 

24 Major Projects, account, $1,113,802,000 for the projects au25 thorized in subsection (a). 


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1 (c) The projects authorized in subsection (a) may only 

2 be carried out using— 

3 (1) funds appropriated for fiscal year 2016 pur4 suant to the authorization of appropriations in sub5 section (b); 

6 (2) funds available for Construction, Major 

7 Projects, for a fiscal year before fiscal year 2016 that 

8 remain available for obligation; 

9 (3) funds available for Construction, Major 

10 Projects, for a fiscal year after fiscal year 2016 that 

11 remain available for obligation; 

12 (4) funds appropriated for Construction, Major 

13 Projects, for fiscal year 2016 for a category of activity 

14 not specific to a project; 

15 (5) funds appropriated for Construction, Major 

16 Projects, for a fiscal year before fiscal year 2016 for 

17 a category of activity not specific to a project; and 

18 (6) funds appropriated for Construction, Major 

19 Projects, for a fiscal year after fiscal year 2016 for a 

20 category of activity not specific to a project. 

21 SEC. 260. (a) Notwithstanding any other provision of 

22 law, the amounts appropriated or otherwise made available 

23 to the Department of Veterans Affairs for the ‘‘Medical 

24 Services’’ account may be used to provide— 


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1 (1) fertility counseling and treatment using as2 sisted reproductive technology to a covered veteran or 

3 the spouse of a covered veteran; or 

4 (2) adoption reimbursement to a covered veteran. 

5 (b) In this section: 

6 (1) The term ‘‘service-connected’’ has the mean7 ing given such term in section 101 of title 38, United 

8 States Code. 

9 (2) The term ‘‘covered veteran’’ means a veteran, 

10 as such term is defined in section 101 of title 38, 

11 United States Code, who has a service-connected dis12 ability that results in the inability of the veteran to 

13 procreate without the use of fertility treatment. 

14 (3) The term ‘‘assisted reproductive technology’’ 

15 means benefits relating to reproductive assistance pro16 vided to a member of the Armed Forces who incurs 

17 a serious injury or illness on active duty pursuant to 

18 section 1074(c)(4)(A) of title 10, United States Code, 

19 as described in the memorandum on the subject of 

20 ‘‘Policy for Assisted Reproductive Services for the 

21 Benefit of Seriously or Severely Ill/Injured (Category 

22 II or III) Active Duty Service Members’’ issued by the 

23 Assistant Secretary of Defense for Health Affairs on 

24 April 3, 2012, and the guidance issued to implement 


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1 such policy, including any limitations on the amount 

2 of such benefits available to such a member. 

3 (4) The term ‘‘adoption reimbursement’’ means 

4 reimbursement for the adoption-related expenses for 

5 an adoption that is finalized after the date of the en6 actment of this Act under the same terms as apply 

7 under the adoption reimbursement program of the De8 partment of Defense, as authorized in Department of 

9 Defense Instruction 1341.09, including the reimburse10 ment limits and requirements set forth in such in11 struction. 

12 (c) Amounts made available for the purposes specified 

13 in subsection (a) of this section are subject to the require14 ments for funds contained in section 508 of division H of 

15 the Consolidated Appropriations Act, 2016 (Public Law 

16 114–113). 

17 TITLE III 

18 RELATED AGENCIES 

19 AMERICAN BATTLE MONUMENTS COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses, not otherwise provided for, of 

22 the American Battle Monuments Commission, including the 

23 acquisition of land or interest in land in foreign countries; 

24 purchases and repair of uniforms for caretakers of national 

25 cemeteries and monuments outside of the United States and 


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1 its territories and possessions; rent of office and garage 

2 space in foreign countries; purchase (one-for-one replace3 ment basis only) and hire of passenger motor vehicles; not 

4 to exceed $7,500 for official reception and representation 

5 expenses; and insurance of official motor vehicles in foreign 

6 countries, when required by law of such countries, 

7 $75,100,000, to remain available until expended. 

8 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

9 For necessary expenses, not otherwise provided for, of 

10 the American Battle Monuments Commission, such sums as 

11 may be necessary, to remain available until expended, for 

12 purposes authorized by section 2109 of title 36, United 

13 States Code. 

14 UNITED STATES COURT OF APPEALS FOR VETERANS

15 CLAIMS

16 SALARIES AND EXPENSES

17 For necessary expenses for the operation of the United 

18 States Court of Appeals for Veterans Claims as authorized 

19 by sections 7251 through 7298 of title 38, United States 

20 Code, $30,945,000: Provided, That $2,500,000 shall be 

21 available for the purpose of providing financial assistance 

22 as described, and in accordance with the process and report23 ing procedures set forth, under this heading in Public Law 

24 102–229. 


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1 DEPARTMENT OF DEFENSE—CIVIL

2 CEMETERIAL EXPENSES, ARMY

3 SALARIES AND EXPENSES

4 For necessary expenses for maintenance, operation, 

5 and improvement of Arlington National Cemetery and Sol6 diers’ and Airmen’s Home National Cemetery, including 

7 the purchase or lease of passenger motor vehicles for replace8 ment on a one-for-one basis only, and not to exceed $1,000 

9 for official reception and representation expenses, 

10 $70,800,000, of which not to exceed $15,000,000 shall re11 main available until September 30, 2019. In addition, such 

12 sums as may be necessary for parking maintenance, repairs 

13 and replacement, to be derived from the ‘‘Lease of Depart14 ment of Defense Real Property for Defense Agencies’’ ac15 count. 

16 ARMED FORCES RETIREMENT HOME

17 TRUST FUND

18 For expenses necessary for the Armed Forces Retire19 ment Home to operate and maintain the Armed Forces Re20 tirement Home—Washington, District of Columbia, and the 

21 Armed Forces Retirement Home—Gulfport, Mississippi, to 

22 be paid from funds available in the Armed Forces Retire23 ment Home Trust Fund, $64,300,000, of which $1,000,000 

24 shall remain available until expended for construction and 

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1 tirement Home—Washington, District of Columbia, and the 

2 Armed Forces Retirement Home—Gulfport, Mississippi: 

3 Provided, That of the amounts made available under this 

4 heading from funds available in the Armed Forces Retire5 ment Home Trust Fund, $22,000,000 shall be paid from 

6 the general fund of the Treasury to the Trust Fund. 

7 ADMINISTRATIVE PROVISIONS

8 SEC. 301. Funds appropriated in this Act under the 

9 heading ‘‘Department of Defense—Civil, Cemeterial Ex10 penses, Army’’, may be provided to Arlington County, Vir11 ginia, for the relocation of the federally owned water main 

12 at Arlington National Cemetery, making additional land 

13 available for ground burials. 

14 SEC. 302. Amounts deposited into the special account 

15 established under 10 U.S.C. 4727 are appropriated and 

16 shall be available until expended to support activities at 

17 the Army National Military Cemeteries. 

18 TITLE IV 

19 OVERSEAS CONTINGENCY OPERATIONS 

20 DEPARTMENT OF DEFENSE 

21 MILITARY CONSTRUCTION, ARMY

22 For an additional amount for ‘‘Military Construction, 

23 Army’’, $18,900,000, to remain available until September 

24 30, 2021, for projects outside of the United States: Provided, 

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1 seas Contingency Operations/Global War on Terrorism pur2 suant to section 251(b)(2)(A)(ii) of the Balanced Budget 

3 and Emergency Deficit Control Act of 1985. 

4 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

5 For an additional amount for ‘‘Military Construction, 

6 Navy and Marine Corps’’, $59,809,000, to remain available 

7 until September 30, 2021, for projects outside of the United 

8 States: Provided, That such amount is designated by the 

9 Congress for Overseas Contingency Operations/Global War 

10 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

11 Balanced Budget and Emergency Deficit Control Act of 

12 1985. 

13 MILITARY CONSTRUCTION, AIR FORCE

14 For an additional amount for ‘‘Military Construction, 

15 Air Force’’ $88,291,000, to remain available until Sep16 tember 30, 2021, for projects outside of the United States: 

17 Provided, That such amount is designated by the Congress 

18 for Overseas Contingency Operations/Global War on Ter19 rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

20 Budget and Emergency Deficit Control Act of 1985. 

21 MILITARY CONSTRUCTION, DEFENSE-WIDE

22 For an additional amount for ‘‘Military Construction, 

23 Defense-Wide’’, $5,000,000, to remain available until Sep24 tember 30, 2021, for projects outside of the United States: 

25 Provided, That such amount is designated by the Congress 


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1 for Overseas Contingency Operations/Global War on Ter2 rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

3 Budget and Emergency Deficit Control Act of 1985. 

4 ADMINISTRATIVE PROVISION

5 SEC. 401. Each amount designated in this Act by the 

6 Congress for Overseas Contingency Operations/Global War 

7 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

8 Balanced Budget and Emergency Deficit Control Act of 

9 1985 shall be available only if the President subsequently 

10 so designates all such amounts and transmits such designa11 tions to the Congress. 

12 TITLE V 

13 GENERAL PROVISIONS 

14 SEC. 501. No part of any appropriation contained in 

15 this Act shall remain available for obligation beyond the 

16 current fiscal year unless expressly so provided herein. 

17 SEC. 502. None of the funds made available in this 

18 Act may be used for any program, project, or activity, when 

19 it is made known to the Federal entity or official to which 

20 the funds are made available that the program, project, or 

21 activity is not in compliance with any Federal law relating 

22 to risk assessment, the protection of private property rights, 

23 or unfunded mandates. 

24 SEC. 503. All departments and agencies funded under 

25 this Act are encouraged, within the limits of the existing 


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1 statutory authorities and funding, to expand their use of 

2 ‘‘E-Commerce’’ technologies and procedures in the conduct 

3 of their business practices and public service activities. 

4 SEC. 504. Unless stated otherwise, all reports and noti5 fications required by this Act shall be submitted to the Sub6 committee on Military Construction and Veterans Affairs, 

7 and Related Agencies of the Committee on Appropriations 

8 of the House of Representatives and the Subcommittee on 

9 Military Construction and Veterans Affairs, and Related 

10 Agencies of the Committee on Appropriations of the Senate. 

11 SEC. 505. None of the funds made available in this 

12 Act may be transferred to any department, agency, or in13 strumentality of the United States Government except pur14 suant to a transfer made by, or transfer authority provided 

15 in, this or any other appropriations Act. 

16 SEC. 506. None of the funds made available in this 

17 Act may be used for a project or program named for an 

18 individual serving as a Member, Delegate, or Resident Com19 missioner of the United States House of Representatives. 

20 SEC. 507. (a) Any agency receiving funds made avail21 able in this Act, shall, subject to subsections (b) and (c), 

22 post on the public Web site of that agency any report re23 quired to be submitted by the Congress in this or any other 

24 Act, upon the determination by the head of the agency that 

25 it shall serve the national interest. 


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1 (b) Subsection (a) shall not apply to a report if— 

2 (1) the public posting of the report compromises 

3 national security; or 

4 (2) the report contains confidential or propri5 etary information. 

6 (c) The head of the agency posting such report shall 

7 do so only after such report has been made available to the 

8 requesting Committee or Committees of Congress for no less 

9 than 45 days. 

10 SEC. 508. (a) None of the funds made available in this 

11 Act may be used to maintain or establish a computer net12 work unless such network blocks the viewing, downloading, 

13 and exchanging of pornography. 

14 (b) Nothing in subsection (a) shall limit the use of 

15 funds necessary for any Federal, State, tribal, or local law 

16 enforcement agency or any other entity carrying out crimi17 nal investigations, prosecution, or adjudication activities. 

18 SEC. 509. None of the funds made available in this 

19 Act may be used by an agency of the executive branch to 

20 pay for first-class travel by an employee of the agency in 

21 contravention of sections 301–10.122 through 301–10.124 of 

22 title 41, Code of Federal Regulations. 

23 SEC. 510. None of the funds made available in this 

24 Act may be used to execute a contract for goods or services, 


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1 including construction services, where the contractor has 

2 not complied with Executive Order No. 12989. 

3 SEC. 511. None of the funds made available by this 

4 Act may be used by the Department of Defense or the De5 partment of Veterans Affairs to lease or purchase new light 

6 duty vehicles for any executive fleet, or for an agency’s fleet 

7 inventory, except in accordance with Presidential Memo8 randum—Federal Fleet Performance, dated May 24, 2011. 

9 SEC. 512. (a) IN GENERAL.—None of the funds appro10 priated or otherwise made available to the Department of 

11 Defense in this Act may be used to construct, renovate, or 

12 expand any facility in the United States, its territories, or 

13 possessions to house any individual detained at United 

14 States Naval Station, Guanta ́namo Bay, Cuba, for the pur15 poses of detention or imprisonment in the custody or under 

16 the control of the Department of Defense. 

17 (b) The prohibition in subsection (a) shall not apply 

18 to any modification of facilities at United States Naval 

19 Station, Guanta ́namo Bay, Cuba. 

20 (c) An individual described in this subsection is any 

21 individual who, as of June 24, 2009, is located at United 

22 States Naval Station, Guanta ́namo Bay, Cuba, and who— 

23 (1) is not a citizen of the United States or a 

24 member of the Armed Forces of the United States; and 

25 (2) is— 


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1 (A) in the custody or under the effective 

2 control of the Department of Defense; or 

3 (B) otherwise under detention at United 

4 States Naval Station, Guanta ́namo Bay, Cuba. 

5 This division may be cited as the ‘‘Military Construc6 tion, Veterans Affairs, and Related Agencies Appropria7 tions Act, 2017’’. 

8 DIVISION B—ZIKA RESPONSE AND 

9 PREPAREDNESS 

10 TITLE I 

11 DEPARTMENT OF HEALTH AND HUMAN 

12 SERVICES 

13 CENTERS FOR DISEASE CONTROL AND PREVENTION

14 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

15 For an additional amount for fiscal year 2016 for 

16 ‘‘CDC-Wide Activities and Program Support’’, 

17 $394,000,000, to remain available until September 30, 

18 2017, to prevent, prepare for, and respond to Zika virus, 

19 health conditions related to such virus, and other vector20 borne diseases, domestically and internationally: Provided, 

21 That products purchased with these funds may, at the dis22 cretion of the Secretary of Health and Human Services, be 

23 deposited in the Strategic National Stockpile under section 

24 319F–2 of the Public Health Service (‘‘PHS’’) Act: Pro25 vided further, That funds may be used for purchase and 


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1 insurance of official motor vehicles in foreign countries: 

2 Provided further, That the provisions in section 317S of the 

3 PHS Act shall apply to the use of funds appropriated in 

4 this paragraph as determined by the Director of the Centers 

5 for Disease Control and Prevention to be appropriate: Pro6 vided further, That funds appropriated in this paragraph 

7 may be used for grants for the construction, alteration, or 

8 renovation of non-federally owned facilities to improve pre9 paredness and response capability at State and local lab10 oratories: Provided further, That of the amount appro11 priated in this paragraph, $44,000,000 is included to sup12 plement either fiscal year 2016 or fiscal year 2017 funds 

13 for the Public Health Emergency Preparedness cooperative 

14 agreement program to restore fiscal year 2016 funds that 

15 were reprogrammed for Zika virus response prior to the en16 actment of this Act: Provided further, That such amount 

17 is designated by the Congress as an emergency requirement 

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

19 and Emergency Deficit Control Act of 1985. 

20 NATIONAL INSTITUTES OF HEALTH

21 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

22 DISEASES

23 (INCLUDING TRANSFER OF FUNDS)

24 For an additional amount for fiscal year 2016 for 

25 ‘‘National Institute of Allergy and Infectious Diseases’’, 


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1 $152,000,000, to remain available until September 30, 

2 2017, for research on the virology, natural history, and 

3 pathogenesis of the Zika virus infection and preclinical and 

4 clinical development of vaccines and other medical counter5 measures for the Zika virus and other vector-borne diseases, 

6 domestically and internationally: Provided, That such 

7 funds may be transferred by the Director of the National 

8 Institutes of Health (‘‘NIH’’) to other accounts of the NIH 

9 for the purposes provided in this paragraph: Provided fur10 ther, That such amount is designated by the Congress as 

11 an emergency requirement pursuant to section 

12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 OFFICE OF THE SECRETARY

15 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 For an additional amount for fiscal year 2016 for 

18 ‘‘Public Health and Social Services Emergency Fund’’, 

19 $387,000,000, to remain available until September 30, 

20 2017, to prevent, prepare for, and respond to Zika virus, 

21 health conditions related to such virus, and other vector22 borne diseases, domestically and internationally; to develop 

23 necessary countermeasures and vaccines, including the de24 velopment and purchase of vaccines, therapeutics, 

25 diagnostics, necessary medical supplies, and administrative 


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1 activities; for carrying out section 501 of the Social Secu2 rity Act; and for carrying out sections 330 through 336 and 

3 338 of the PHS Act: Provided, That funds appropriated 

4 in this paragraph may be used to procure security counter5 measures (as defined in section 319F–2(c)(1)(B) of the PHS 

6 Act): Provided further, That paragraphs (1) and (7)(C) of 

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

8 other provisions of such section, shall apply to such security 

9 countermeasures procured with funds appropriated in this 

10 paragraph: Provided further, That products purchased with 

11 funds appropriated in this paragraph may, at the discre12 tion of the Secretary of Health and Human Services, be 

13 deposited in the Strategic National Stockpile under section 

14 319F–2 of the PHS Act: Provided further, That funds ap15 propriated in this paragraph may be transferred to the 

16 fund authorized by section 319F–4 of the PHS Act: Pro17 vided further, That of the funds appropriated under this 

18 heading, $75,000,000, in addition to the purposes specified 

19 above, shall also be available for necessary expenses for sup20 port to States, territories, tribes, or tribal organizations 

21 with active or local transmission cases of the Zika virus, 

22 as confirmed by the Centers for Disease Control and Preven23 tion, to reimburse the costs of health care for health condi24 tions related to the Zika virus, other than costs that are 

25 covered by private health insurance, of which not less than 


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1 $60,000,000 shall be for territories with the highest rates 

2 of Zika transmission: Provided further, That of the funds 

3 appropriated under this heading, $20,000,000 shall be 

4 awarded, notwithstanding section 502 of the Social Secu5 rity Act, for projects of regional and national significance 

6 in Puerto Rico and other territories authorized under sec7 tion 501 of the Social Security Act: Provided further, That 

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

9 shall be used to expand the delivery of primary health serv10 ices authorized by section 330 of the PHS Act in Puerto 

11 Rico and other territories: Provided further, That of the 

12 funds appropriated under this heading, $6,000,000 shall, 

13 for purposes of providing primary health services in areas 

14 affected by Zika virus or other vector-borne diseases, be used 

15 to assign National Health Service Corps (‘‘NHSC’’) mem16 bers to Puerto Rico and other territories, notwithstanding 

17 the assignment priorities and limitations in or under sec18 tions 333(a)(1)(D), 333(b), or 333A(a) of the PHS Act, and 

19 to make NHSC Loan Repayment Program awards under 

20 section 338B of such Act: Provided further, That for pur21 poses of the previous proviso, section 331(a)(3)(D) of the 

22 PHS Act shall be applied as if the term ‘‘primary health 

23 services’’ included health services regarding pediatric sub24 specialists: Provided further, That such amount is des25 ignated by the Congress as an emergency requirement purVerDate Sep 11 2014 01:31 Sep 29, 2016 Jkt 059200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6203 E:\BILLS\H5325.PP H5325

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

2 Emergency Deficit Control Act of 1985. 

3 GENERAL PROVISIONS—THIS TITLE 

4 (INCLUDING TRANSFER OF FUNDS)

5 DIRECT HIRES

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

7 used by the heads of the Department of Health and Human 

8 Services, Department of State, and the United States Agen9 cy for International Development to appoint, without re10 gard to the provisions of sections 3309 through 3319 of title 

11 5 of the United States Code, candidates needed for positions 

12 to perform critical work relating to Zika response for 

13 which— 

14 (1) public notice has been given; and 

15 (2) the Secretary of Health and Human Services 

16 has determined that such a public health threat exists. 

17 TRANSFER AUTHORITIES

18 SEC. 102. Funds appropriated by this title may be 

19 transferred to, and merged with, other appropriation ac20 counts under the headings ‘‘Centers for Disease Control and 

21 Prevention’’, ‘‘Public Health and Social Services Emer22 gency Fund’’, and ‘‘National Institutes of Health’’ for the 

23 purposes specified in this title following consultation with 

24 the Office of Management and Budget: Provided, That the 

25 Committees on Appropriations shall be notified 10 days in 


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1 advance of any such transfer: Provided further, That, upon 

2 a determination that all or part of the funds transferred 

3 from an appropriation are not necessary, such amounts 

4 may be transferred back to that appropriation: Provided 

5 further, That none of the funds made available by this title 

6 may be transferred pursuant to the authority in section 205 

7 of division H of Public Law 114–113 or section 241(a) of 

8 the PHS Act. 

9 REPORTING REQUIREMENTS

10 SEC. 103. Not later than 30 days after enactment of 

11 this Act, the Secretary of Health and Human Services shall 

12 provide a detailed spend plan of anticipated uses of funds 

13 made available in this title, including estimated personnel 

14 and administrative costs, to the Committees on Appropria15 tions: Provided, That such plans shall be updated and sub16 mitted to the Committees on Appropriations every 60 days 

17 until September 30, 2017. 

18 OVERSIGHT

19 SEC. 104. Of the funds appropriated by this title under 

20 the heading ‘‘Public Health and Social Services Emergency 

21 Fund’’, up to— 

22 (1) $500,000 shall be transferred to, and merged 

23 with, funds made available under the heading ‘‘Office 

24 of the Secretary, Office of Inspector General’’, and 

25 shall remain available until expended, for oversight of 


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1 activities supported with funds appropriated by this 

2 title: Provided, That the Secretary of Health and 

3 Human Services shall consult with the Committees on 

4 Appropriations prior to obligating such funds: Pro5 vided further, That the transfer authority provided by 

6 this paragraph is in addition to any other transfer 

7 authority provided by law; and 

8 (2) $500,000 shall be made available to the 

9 Comptroller General of the United States, and shall 

10 remain available until expended, for oversight of ac11 tivities supported with funds appropriated by this 

12 title: Provided, That the Comptroller General shall 

13 consult with the Committees on Appropriations prior 

14 to obligating such funds. 

15 TITLE II 

16 DEPARTMENT OF STATE 

17 ADMINISTRATION OF FOREIGN AFFAIRS

18 DIPLOMATIC AND CONSULAR PROGRAMS

19 (INCLUDING TRANSFER OF FUNDS)

20 For an additional amount for fiscal year 2016 for 

21 ‘‘Diplomatic and Consular Programs’’, $14,594,000, to re22 main available until September 30, 2017, for necessary ex23 penses to support response efforts related to the Zika virus, 

24 health conditions related to such virus, and other vector25 borne diseases: Provided, That such funds may be made 


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1 available for medical evacuation costs of any other depart2 ment or agency of the United States under Chief of Mission 

3 authority, and may be transferred to any other appropria4 tion of such department or agency for such costs: Provided 

5 further, That such amount is designated by the Congress 

6 as an emergency requirement pursuant to section 

7 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985. 

9 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

10 SERVICE

11 For an additional amount for fiscal year 2016 for 

12 ‘‘Emergencies in the Diplomatic and Consular Service’’, 

13 $4,000,000 for necessary expenses to support response efforts 

14 related to the Zika virus, health conditions related to such 

15 virus, and other vector-borne diseases, to remain available 

16 until September 30, 2017: Provided, That such amount is 

17 designated by the Congress as an emergency requirement 

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

19 and Emergency Deficit Control Act of 1985. 

20 REPATRIATION LOANS PROGRAM ACCOUNT

21 For an additional amount for fiscal year 2016 for 

22 ‘‘Repatriation Loans Program Account’’ for the cost of di23 rect loans, $1,000,000, to support response efforts related 

24 to the Zika virus, health conditions related to such virus, 

25 and other vector-borne diseases, to remain available until 


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1 September 30, 2017: Provided, That such costs, including 

2 costs of modifying such loans, shall be as defined in section 

3 502 of the Congressional Budget Act of 1974: Provided fur4 ther, That such funds are available to subsidize an addi5 tional amount of gross obligations for the principal amount 

6 of direct loans not to exceed $1,880,406: Provided further, 

7 That such amount is designated by the Congress as an emer8 gency requirement pursuant to section 251(b)(2)(A)(i) of 

9 the Balanced Budget and Emergency Deficit Control Act 

10 of 1985. 

11 UNITED STATES AGENCY FOR INTERNATIONAL 

12 DEVELOPMENT 

13 FUNDS APPROPRIATED TO THE PRESIDENT

14 OPERATING EXPENSES

15 For an additional amount for fiscal year 2016 for 

16 ‘‘Operating Expenses’’, $10,000,000, to remain available 

17 until September 30, 2017, for necessary expenses to support 

18 response efforts related to the Zika virus, health conditions 

19 related to such virus, and other vector-borne diseases: Pro20 vided, That such amount is designated by the Congress as 

21 an emergency requirement pursuant to section 

22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985. 


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1 BILATERAL ECONOMIC ASSISTANCE 

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 GLOBAL HEALTH PROGRAMS

4 For an additional amount for fiscal year 2016 for 

5 ‘‘Global Health Programs’’, $145,500,000, to remain avail6 able until September 30, 2017, for necessary expenses to 

7 prevent, prepare for, and respond to the Zika virus, health 

8 conditions related to such virus, and other vector-borne dis9 eases: Provided, That funds appropriated under this head10 ing shall be made available for vector control activities, vac11 cines, diagnostics, and vector control technologies: Provided 

12 further, That funds appropriated under this heading may 

13 be made available as contributions to the World Health Or14 ganization, the United Nations Children’s Fund, the Pan 

15 American Health Organization, the International Atomic 

16 Energy Agency, and the Food and Agriculture Organiza17 tion: Provided further, That funds made available under 

18 this heading shall be subject to prior consultation with the 

19 Committees on Appropriations: Provided further, That 

20 none of the funds appropriated under this heading may be 

21 made available for the Grand Challenges for Development 

22 program: Provided further, That such amount is designated 

23 by the Congress as an emergency requirement pursuant to 

24 section 251(b)(2)(A)(i) of the Balanced Budget and Emer25 gency Deficit Control Act of 1985. 


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1 GENERAL PROVISIONS—THIS TITLE 

2 TRANSFER AUTHORITIES

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 201. (a) Funds appropriated by this title under 

5 the headings ‘‘Diplomatic and Consular Programs’’, 

6 ‘‘Emergencies in the Diplomatic and Consular Service’’, 

7 ‘‘Repatriation Loans Program Account’’, and ‘‘Operating 

8 Expenses’’ may be transferred to, and merged with, funds 

9 appropriated by this title under such headings to carry out 

10 the purposes of this title. 

11 (b) The transfer authorities provided by this section 

12 are in addition to any other transfer authority provided 

13 by law. 

14 (c) Upon a determination that all or part of the funds 

15 transferred pursuant to the authorities provided by this sec16 tion are not necessary for such purposes, such amounts may 

17 be transferred back to such appropriations. 

18 (d) No funds shall be transferred pursuant to this sec19 tion unless at least 5 days prior to making such transfer 

20 the Secretary of State or the Administrator of the United 

21 States Agency for International Development, as appro22 priate, notifies the Committees on Appropriations in writ23 ing of the details of any such transfer. 


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1 NOTIFICATION REQUIREMENT

2 SEC. 202. Funds appropriated by this title shall only 

3 be available for obligation if the Secretary of State or the 

4 Administrator of the United States Agency for Inter5 national Development, as appropriate, notifies the Commit6 tees on Appropriations in writing at least 15 days in ad7 vance of such obligation. 

8 CONSOLIDATED REPORTING REQUIREMENT

9 SEC. 203. Not later than 30 days after enactment of 

10 this Act and prior to the initial obligation of funds made 

11 available by this title, the Secretary of State and the Ad12 ministrator of the United States Agency for International 

13 Development shall submit a consolidated report to the Com14 mittees on Appropriations on the anticipated uses of such 

15 funds on a country and project basis, including estimated 

16 personnel and administrative costs: Provided, That such re17 port shall be updated and submitted to the Committees on 

18 Appropriations every 60 days until September 30, 2017. 

19 OVERSIGHT

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

21 to— 

22 (1) $500,000 shall be transferred to, and merged 

23 with, funds available under the heading ‘‘United 

24 States Agency for International Development, Funds 

25 Appropriated to the President, Office of Inspector 


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1 General’’, and shall remain available until expended, 

2 for oversight of activities supported with funds appro3 priated by this title: Provided, That the transfer au4 thority provided by this paragraph is in addition to 

5 any other transfer authority provided by law; and 

6 (2) $500,000 shall be made available to the 

7 Comptroller General of the United States, and shall 

8 remain available until expended, for oversight of ac9 tivities supported with funds appropriated by this 

10 title: Provided, That the Secretary of State and the 

11 Comptroller General, as appropriate, shall consult 

12 with the Committees on Appropriations prior to obli13 gating such funds. 

14 TITLE III 

15 GENERAL PROVISIONS—THIS DIVISION 

16 EXTENSION OF AUTHORITIES AND PROVISIONS

17 SEC. 301. Unless otherwise provided for by this divi18 sion, the additional amounts appropriated pursuant to this 

19 division are subject to the requirements for funds contained 

20 in the Consolidated Appropriations Act, 2016 (Public Law 

21 114–113). 

22 PERSONAL SERVICE CONTRACTORS

23 SEC. 302. Funds made available by this division may 

24 be used to enter into contracts with individuals for the pro25 vision of personal services (as described in section 104 of 


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1 part 37 of title 48, Code of Federal Regulations (48 CFR 

2 37.104)) to support the purposes of titles I and II of this 

3 division, within the United States and abroad, subject to 

4 prior consultation with, and the notification procedures of, 

5 the Committees on Appropriations: Provided, That such in6 dividuals may not be deemed employees of the United States 

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

8 Personnel Management: Provided further, That the author9 ity made available pursuant to this section shall expire on 

10 September 30, 2017. 

11 DESIGNATION RETENTION

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

13 designated by the Congress as an emergency requirement 

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

15 and Emergency Deficit Control Act of 1985 and subse16 quently so designated by the President, and transferred pur17 suant to transfer authorities provided by this division shall 

18 retain such designation. 

19 EFFECTIVE DATE

20 SEC. 304. This division shall become effective imme21 diately upon enactment of this Act. 

22 This division may be cited as the ‘‘Zika Response and 

23 Preparedness Appropriations Act, 2016’’. 


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1 DIVISION C—CONTINUING 

2 APPROPRIATIONS ACT, 2017 

3 The following sums are hereby appropriated, out of 

4 any money in the Treasury not otherwise appropriated, 

5 and out of applicable corporate or other revenues, receipts, 

6 and funds, for the several departments, agencies, corpora7 tions, and other organizational units of Government for fis8 cal year 2017, and for other purposes, namely: 

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

10 a rate for operations as provided in the applicable appro11 priations Acts for fiscal year 2016 and under the authority 

12 and conditions provided in such Acts, for continuing 

13 projects or activities (including the costs of direct loans and 

14 loan guarantees) that are not otherwise specifically pro15 vided for in this Act, that were conducted in fiscal year 

16 2016, and for which appropriations, funds, or other author17 ity were made available in the following appropriations 

18 Acts: 

19 (1) The Agriculture, Rural Development, Food 

20 and Drug Administration, and Related Agencies Ap21 propriations Act, 2016 (division A of Public Law 

22 114–113), except section 728. 

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

24 Agencies Appropriations Act, 2016 (division B of 

25 Public Law 114–113). 


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1 (3) The Department of Defense Appropriations 

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

3 (4) The Energy and Water Development and Re4 lated Agencies Appropriations Act, 2016 (division D 

5 of Public Law 114–113). 

6 (5) The Financial Services and General Govern7 ment Appropriations Act, 2016 (division E of Public 

8 Law 114–113), which for purposes of this Act shall be 

9 treated as including section 707 of division O of Pub10 lic Law 114–113. 

11 (6) The Department of Homeland Security Ap12 propriations Act, 2016 (division F of Public Law 

13 114–113). 

14 (7) The Department of the Interior, Environ15 ment, and Related Agencies Appropriations Act, 2016 

16 (division G of Public Law 114–113). 

17 (8) The Departments of Labor, Health and 

18 Human Services, and Education, and Related Agen19 cies Appropriations Act, 2016 (division H of Public 

20 Law 114–113). 

21 (9) The Legislative Branch Appropriations Act, 

22 2016 (division I of Public Law 114–113). 

23 (10) The Department of State, Foreign Oper24 ations, and Related Programs Appropriations Act, 


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1 2016 (division K of Public Law 114–113), except title 

2 IX. 

3 (11) The Transportation, Housing and Urban 

4 Development, and Related Agencies Appropriations 

5 Act, 2016 (division L of Public Law 114–113), except 

6 section 420. 

7 (b) The rate for operations provided by subsection (a) 

8 is hereby reduced by 0.496 percent. 

9 SEC. 102. (a) No appropriation or funds made avail10 able or authority granted pursuant to section 101 for the 

11 Department of Defense shall be used for: (1) the new produc12 tion of items not funded for production in fiscal year 2016 

13 or prior years; (2) the increase in production rates above 

14 those sustained with fiscal year 2016 funds; or (3) the initi15 ation, resumption, or continuation of any project, activity, 

16 operation, or organization (defined as any project, sub17 project, activity, budget activity, program element, and sub18 program within a program element, and for any investment 

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

20 an appropriation account and an R–1 line item that in21 cludes a program element and subprogram element within 

22 an appropriation account) for which appropriations, funds, 

23 or other authority were not available during fiscal year 

24 2016. 


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1 (b) No appropriation or funds made available or au2 thority granted pursuant to section 101 for the Department 

3 of Defense shall be used to initiate multi-year procurements 

4 utilizing advance procurement funding for economic order 

5 quantity procurement unless specifically appropriated 

6 later. 

7 SEC. 103. Appropriations made by section 101 shall 

8 be available to the extent and in the manner that would 

9 be provided by the pertinent appropriations Act. 

10 SEC. 104. Except as otherwise provided in section 102, 

11 no appropriation or funds made available or authority 

12 granted pursuant to section 101 shall be used to initiate 

13 or resume any project or activity for which appropriations, 

14 funds, or other authority were not available during fiscal 

15 year 2016. 

16 SEC. 105. Appropriations made and authority granted 

17 pursuant to this Act shall cover all obligations or expendi18 tures incurred for any project or activity during the period 

19 for which funds or authority for such project or activity 

20 are available under this Act. 

21 SEC. 106. Unless otherwise provided for in this Act 

22 or in the applicable appropriations Act for fiscal year 2017, 

23 appropriations and funds made available and authority 

24 granted pursuant to this Act shall be available until which25 ever of the following first occurs: (1) the enactment into law 


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1 of an appropriation for any project or activity provided 

2 for in this Act; (2) the enactment into law of the applicable 

3 appropriations Act for fiscal year 2017 without any provi4 sion for such project or activity; or (3) December 9, 2016. 

5 SEC. 107. Expenditures made pursuant to this Act 

6 shall be charged to the applicable appropriation, fund, or 

7 authorization whenever a bill in which such applicable ap8 propriation, fund, or authorization is contained is enacted 

9 into law. 

10 SEC. 108. Appropriations made and funds made avail11 able by or authority granted pursuant to this Act may be 

12 used without regard to the time limitations for submission 

13 and approval of apportionments set forth in section 1513 

14 of title 31, United States Code, but nothing in this Act may 

15 be construed to waive any other provision of law governing 

16 the apportionment of funds. 

17 SEC. 109. Notwithstanding any other provision of this 

18 Act, except section 106, for those programs that would other19 wise have high initial rates of operation or complete dis20 tribution of appropriations at the beginning of fiscal year 

21 2017 because of distributions of funding to States, foreign 

22 countries, grantees, or others, such high initial rates of oper23 ation or complete distribution shall not be made, and no 

24 grants shall be awarded for such programs funded by this 

25 Act that would impinge on final funding prerogatives. 


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

2 the most limited funding action of that permitted in the 

3 Act shall be taken in order to provide for continuation of 

4 projects and activities. 

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

6 payments whose budget authority was provided in appro7 priations Acts for fiscal year 2016, and for activities under 

8 the Food and Nutrition Act of 2008, activities shall be con9 tinued at the rate to maintain program levels under current 

10 law, under the authority and conditions provided in the 

11 applicable appropriations Act for fiscal year 2016, to be 

12 continued through the date specified in section 106(3). 

13 (b) Notwithstanding section 106, obligations for man14 datory payments due on or about the first day of any month 

15 that begins after October 2016 but not later than 30 days 

16 after the date specified in section 106(3) may continue to 

17 be made, and funds shall be available for such payments. 

18 SEC. 112. Amounts made available under section 101 

19 for civilian personnel compensation and benefits in each de20 partment and agency may be apportioned up to the rate 

21 for operations necessary to avoid furloughs within such de22 partment or agency, consistent with the applicable appro23 priations Act for fiscal year 2016, except that such author24 ity provided under this section shall not be used until after 

25 the department or agency has taken all necessary actions 


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1 to reduce or defer non-personnel-related administrative ex2 penses. 

3 SEC. 113. Funds appropriated by this Act may be obli4 gated and expended notwithstanding section 10 of Public 

5 Law 91–672 (22 U.S.C. 2412), section 15 of the State De6 partment Basic Authorities Act of 1956 (22 U.S.C. 2680), 

7 section 313 of the Foreign Relations Authorization Act, Fis8 cal Years 1994 and 1995 (22 U.S.C. 6212), and section 

9 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 

10 3094(a)(1)). 

11 SEC. 114. (a) Each amount incorporated by reference 

12 in this Act that was previously designated by the Congress 

13 for Overseas Contingency Operations/Global War on Ter14 rorism pursuant to section 251(b)(2)(A) of the Balanced 

15 Budget and Emergency Deficit Control Act of 1985 or as 

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

17 of such Act is designated by the Congress for Overseas Con18 tingency Operations/Global War on Terrorism pursuant to 

19 section 251(b)(2)(A) of such Act or as being for disaster re20 lief pursuant to section 251(b)(2)(D) of such Act, respec21 tively. 

22 (b) The reduction in section 101(b) of this Act shall 

23 not apply to— 

24 (1) amounts designated under subsection (a) of 

25 this section; 


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

2 reference to the second paragraph under the heading 

3 ‘‘Social Security Administration—Limitation on Ad4 ministrative Expenses’’ in division H of Public Law 

5 114–113; or 

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

7 reference to the paragraph under the heading ‘‘Centers 

8 for Medicare and Medicaid Services—Health Care 

9 Fraud and Abuse Control Account’’ in division H of 

10 Public Law 114–113. 

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

12 amounts designated in subsection (a) for Overseas Contin13 gency Operations/Global War on Terrorism. 

14 SEC. 115. During the period covered by this Act, dis15 cretionary amounts appropriated for fiscal year 2017 that 

16 were provided in advance by appropriations Acts covered 

17 by section 101 of this Act shall be available in the amounts 

18 provided in such Acts, reduced by the percentage in section 

19 101(b). 

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

21 provided by section 101, and notwithstanding section 104, 

22 an additional amount is provided to the Secretary of 

23 Health and Human Services to carry out the authorizations 

24 in the Comprehensive Addiction and Recovery Act of 2016 


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1 (Public Law 114–198), at a rate for operations of 

2 $17,000,000. 

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

4 section 101, and notwithstanding section 104, an additional 

5 amount is provided to the Attorney General to carry out 

6 the authorizations in the Comprehensive Addiction and Re7 covery Act of 2016 (Public Law 114–198), at a rate for 

8 operations of $20,000,000. 

9 (c) Notwithstanding any other provision of this Act, 

10 in addition to the purposes otherwise provided for amounts 

11 that become available on October 1, 2016, under the heading 

12 ‘‘Department of Veterans Affairs—Veterans Health Admin13 istration—Medical Services’’ in division J of Public Law 

14 114–113, such amounts shall be used to implement the 

15 Jason Simcakoski Memorial and Promise Act (title IX of 

16 Public Law 114–198) and the amendments made by that 

17 Act. 

18 SEC. 117. Notwithstanding section 101, amounts are 

19 provided for ‘‘Department of Agriculture—Domestic Food 

20 Programs—Food and Nutrition Service—Commodity As21 sistance Program’’ at a rate for operations of $310,139,000, 

22 of which $236,120,000 shall be for the Commodity Supple23 mental Food Program. 

24 SEC. 118. Amounts provided by section 111 to the De25 partment of Agriculture for ‘‘Corporations—Commodity 


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1 Credit Corporation Fund—Reimbursement for Net Realized 

2 Losses’’ may be used, prior to the completion of the report 

3 described in section 2 of the Act of August 17, 1961 (15 

4 U.S.C. 713a–11), to reimburse the Commodity Credit Cor5 poration for net realized losses sustained, but not previously 

6 reimbursed, as reflected in the June 2016 report of its fi7 nancial condition. 

8 SEC. 119. Amounts made available by section 101 for 

9 ‘‘Department of Agriculture—Rural Housing Service— 

10 Rental Assistance Program’’ may be apportioned up to the 

11 rate for operations necessary to pay ongoing debt service 

12 for the multi-family direct loan programs under sections 

13 514 and 515 of the Housing Act of 1949 (42 U.S.C. 1484 

14 and 1485). 

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

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

17 by substituting the date specified in section 106(3) of this 

18 Act for ‘‘September 30, 2016’’. 

19 SEC. 121. Notwithstanding sections 101 and 102, with20 in amounts provided for ‘‘Department of Defense—Oper21 ation and Maintenance, Defense-Wide’’ and ‘‘Department 

22 of Defense—Research, Development, Test and Evaluation, 

23 Defense-Wide’’, except for amounts designated for Overseas 

24 Contingency Operations/Global War on Terrorism pursu25 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 


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1 Emergency Deficit Control Act of 1985, the Secretary of De2 fense may develop, replace, and sustain Federal Govern3 ment security and suitability background investigation in4 formation technology system requirements of the Office of 

5 Personnel Management at a rate for operations of 

6 $95,000,000. 

7 SEC. 122. Section 1215(f)(1) of the National Defense 

8 Authorization Act for Fiscal Year 2012 (Public Law 112– 

9 81; 10 U.S.C. 113 note), as most recently amended by sec10 tion 1221 of the National Defense Authorization Act for Fis11 cal Year 2016 (Public Law 114–92), shall be applied by 

12 substituting ‘‘2017’’ for ‘‘2016’’ through the earlier of the 

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

14 the enactment of an Act authorizing appropriations for fis15 cal year 2017 for military activities of the Department of 

16 Defense. 

17 SEC. 123. (a) Funds made available by section 101 

18 for ‘‘Department of Energy—Energy Programs—Uranium 

19 Enrichment Decontamination and Decommissioning 

20 Fund’’ may be apportioned up to the rate for operations 

21 necessary to avoid disruption of continuing projects or ac22 tivities funded in this appropriation. 

23 (b) The Secretary of Energy shall notify the Commit24 tees on Appropriations of the House of Representatives and 


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1 the Senate not later than 3 days after each use of the au2 thority provided in subsection (a). 

3 SEC. 124. (a) Notwithstanding any other provision of 

4 this Act, except section 106, the District of Columbia may 

5 expend local funds under the heading ‘‘District of Columbia 

6 Funds’’ for such programs and activities under the District 

7 of Columbia Appropriations Act, 2016 (title IV of division 

8 E of Public Law 114–113) at the rate set forth under ‘‘Part 

9 A—Summary of Expenses’’ as included in the Fiscal Year 

10 2017 Local Budget Act of 2016 (D.C. Act 21–414), as modi11 fied as of the date of the enactment of this Act. 

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

13 the authority and conditions provided in the Financial 

14 Services and General Government Appropriations Act, 

15 2016 (division E of Public Law 114–113) which were ap16 plicable to the obligation or expenditure of funds by the Dis17 trict of Columbia for any program, project, or activity dur18 ing fiscal year 2016 shall apply to the obligation or expend19 iture of funds by the District of Columbia with respect to 

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

21 SEC. 125. (a) Notwithstanding section 101, amounts 

22 are provided for ‘‘General Services Administration—Ex23 penses, Presidential Transition’’ for necessary expenses to 

24 carry out the Presidential Transition Act of 1963 (3 U.S.C. 

25 102 note), at a rate for operations of $9,500,000, of which 


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1 not to exceed $1,000,000 is for activities authorized by sec2 tions 3(a)(8) and 3(a)(9) of such Act: Provided, That such 

3 amounts may be transferred and credited to the ‘‘Acquisi4 tion Services Fund’’ or ‘‘Federal Buildings Fund’’ to reim5 burse obligations incurred prior to enactment of this Act 

6 for the purposes provided herein related to the Presidential 

7 election in 2016: Provided further, That amounts available 

8 under this section shall be in addition to any other amounts 

9 available for such purposes. 

10 (b) Notwithstanding section 101, no funds are pro11 vided by this Act for ‘‘General Services Administration— 

12 Pre-Election Presidential Transition’’. 

13 SEC. 126. Notwithstanding section 101, for expenses 

14 of the Office of Administration to carry out the Presidential 

15 Transition Act of 1963, as amended, and similar expenses, 

16 in addition to amounts otherwise appropriated by law, 

17 amounts are provided to ‘‘Presidential Transition Adminis18 trative Support’’ at a rate for operations of $7,582,000: 

19 Provided, That such funds may be transferred to other ac20 counts that provide funding for offices within the Executive 

21 Office of the President and the Office of the Vice President 

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

23 SEC. 127. In addition to the amounts otherwise pro24 vided by section 101, an additional amount is provided for 

25 ‘‘District of Columbia—Federal Payment for Emergency 


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1 Planning and Security Costs in the District of Columbia’’ 

2 for costs associated with the Presidential Inauguration, at 

3 a rate for operations of $19,995,000. 

4 SEC. 128. In addition to the amounts otherwise pro5 vided by section 101, an additional amount is provided for 

6 ‘‘National Archives and Records Administration—Oper7 ating Expenses’’ to carry out the Presidential transition re8 sponsibilities of the Archivist of the United States under 

9 sections 2201 through 2207 of title 44, United States Code 

10 (commonly known as the ‘‘Presidential Records Act of 

11 1978’’), at a rate for operations of $4,850,000. 

12 SEC. 129. Amounts made available by section 101 for 

13 ‘‘Small Business Administration—Business Loans Pro14 gram Account’’ may be apportioned up to the rate for oper15 ations necessary to accommodate increased demand for 

16 commitments for general business loans authorized under 

17 section 7(a) of the Small Business Act (15 U.S.C. 636(a)). 

18 SEC. 130. Amounts provided by section 101 for the De19 partment of Homeland Security may be obligated in the 

20 account and budget structure set forth in the table provided 

21 by the Chief Financial Officer of the Department to the 

22 Committees on Appropriations of the Senate and the House 

23 of Representatives prior to the end of fiscal year 2016 pur24 suant to section 563(e) of the Department of Homeland SeVerDate Sep 11 2014 01:31 Sep 29, 2016 Jkt 059200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6203 E:\BILLS\H5325.PP H5325

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1 curity Appropriations Act, 2016 (division F of Public Law 

2 114–113). 

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

4 for ‘‘Department of Homeland Security—U.S. Customs and 

5 Border Protection—Operations and Support’’ may be ap6 portioned up to the rate for operations necessary to main7 tain not less than the number of staff achieved on September 

8 30, 2016. 

9 (b) Amounts made available by section 101 for ‘‘De10 partment of Homeland Security—Transportation Security 

11 Administration—Operations and Support’’ may be appor12 tioned up to the rate for operations necessary to maintain 

13 not less than the number of screeners achieved on September 

14 30, 2016. 

15 SEC. 132. The authority provided by section 831 of 

16 the Homeland Security Act of 2002 (6 U.S.C. 391) shall 

17 continue in effect through the date specified in section 

18 106(3) of this Act. 

19 SEC. 133. Section 810 of the Federal Lands Recreation 

20 Enhancement Act (16 U.S.C. 6809) is amended by striking 

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

22 SEC. 134. (a) The authority provided by subsection 

23 (m)(3) of section 8162 of the Department of Defense Appro24 priations Act, 2000 (40 U.S.C. 8903 note; Public Law 106– 


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1 79) shall continue in effect through the date specified in 

2 section 106(3) of this Act. 

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

4 113 shall not apply during the period covered by this Act. 

5 SEC. 135. Notwithstanding section 101, subsection 

6 35(d) of the Mineral Leasing Act (30 U.S.C. 191(d)) shall 

7 be applied, at a rate for operations, through the date speci8 fied in section 106(3), as if the following new paragraph 

9 were added at the end— 

10 ‘‘(5) There is appropriated to the Fee Account es11 tablished in subsection (c)(3)(B)(ii) of this section, 

12 out of any money in the Treasury not otherwise ap13 propriated, $26,000,000 for fiscal year 2017, to re14 main available until expended, for the coordination 

15 and processing of oil and gas use authorizations, to 

16 be reduced by amounts collected by the Bureau and 

17 transferred to such Fee Account pursuant to sub18 section (d)(3)(A)(ii) of this section, so as to result in 

19 a final fiscal year 2017 appropriation from the gen20 eral fund estimated at not more than $0.’’. 

21 SEC. 136. In addition to the amounts otherwise pro22 vided by section 101, an additional amount is provided for 

23 ‘‘Department of the Interior—National Park Service—Op24 eration of the National Park System’’ for security and visVerDate Sep 11 2014 01:31 Sep 29, 2016 Jkt 059200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6203 E:\BILLS\H5325.PP H5325

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1 itor safety activities related to the Presidential Inaugural 

2 Ceremonies, at a rate for operations of $4,200,000. 

3 SEC. 137. In addition to amounts otherwise made 

4 available by section 101, and notwithstanding section 104, 

5 amounts are provided for ‘‘Environmental Protection Agen6 cy—Environmental Programs and Management’’ at a rate 

7 for operations of $3,000,000, to remain available until ex8 pended, and such amounts may be apportioned up to the 

9 rate for operations needed, for necessary expenses of activi10 ties described in section 26(b)(1) of the Toxic Substances 

11 Control Act (15 U.S.C. 2625(b)(1)): Provided, That fees col12 lected pursuant to such section of such Act and deposited 

13 in the ‘‘TSCA Service Fee Fund’’ as discretionary offsetting 

14 receipts in fiscal year 2017 shall be retained and used for 

15 necessary salaries and expenses under the above heading 

16 and shall remain available until expended: Provided fur17 ther, That the sum provided by this section of this Act from 

18 the general fund for fiscal year 2017 shall be reduced by 

19 the amount of discretionary offsetting receipts received dur20 ing fiscal year 2017, so as to result in a final fiscal year 

21 2017 appropriation from the general fund estimated at not 

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

23 amounts realized from such receipts exceed $3,000,000, 

24 those amounts in excess of $3,000,000 shall be deposited in 

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


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1 receipts in fiscal year 2017, shall be retained and used for 

2 necessary salaries and expenses in this account, and shall 

3 remain available until expended: Provided further, That of 

4 the amounts provided under this heading by section 101, 

5 the Chemical Risk Review and Reduction program project 

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

7 of any fees made available, not less than the amount of ap8 propriations for that program project for fiscal year 2014. 

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

10 of 1965 (20 U.S.C. 1011c(f)) shall be applied by sub11 stituting the date specified in section 106(3) of this Act for 

12 ‘‘September 30, 2016’’. 

13 SEC. 139. The first proviso under the heading ‘‘Depart14 ment of Health and Human Services—Administration for 

15 Children and Families—Payments to States for the Child 

16 Care and Development Block Grant’’ in title II of division 

17 H of Public Law 114–113 shall not apply during the period 

18 covered by this Act. 

19 SEC. 140. (a) The second proviso under the heading 

20 ‘‘Department of Health and Human Services—Administra21 tion for Children and Families—Children and Families 

22 Services Programs’’ in title II of division H of Public Law 

23 114–113 shall be applied during the period covered by this 

24 Act as if the following were struck from such proviso: ‘‘, 

25 of which $141,000,000 shall be available for a cost of living 


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1 adjustment notwithstanding section 640(a)(3)(A) of such 

2 Act’’. 

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

4 the heading ‘‘Department of Health and Human Services— 

5 Administration for Children and Families—Children and 

6 Families Services Programs’’ in title II of division H of 

7 Public Law 114–113 shall not be included in the calculation 

8 of the ‘‘base grant’’, as such term is used in section 

9 640(a)(7)(A) of the Head Start Act (42 U.S.C. 

10 9835(a)(7)(A)), during the period described in section 106 

11 of this Act. 

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

13 114–113 shall be applied by substituting ‘‘in the Child En14 rollment Contingency Fund from the appropriation to the 

15 Fund for the first semi-annual allotment period for fiscal 

16 year 2017 under section 2104(n)(2)(A)(ii) of the Social Se17 curity Act’’ for ‘‘or available in the Child Enrollment Con18 tingency Fund from appropriations to the Fund under sec19 tion 2104(n)(2)(A)(i) of the Social Security Act’’; and 

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

21 shall be applied by substituting ‘‘$541,900,000’’ for 

22 ‘‘$4,678,500,000’’ and by adding at the end the following: 

23 ‘‘and of the funds made available for the purposes of car24 rying out section 2105(a)(3) of the Social Security Act, 

25 $5,669,100,000 are hereby rescinded’’. 


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1 SEC. 142. Notwithstanding any other provision of this 

2 Act, there is appropriated for payment to Sami A. Takai, 

3 widow of Kyle Mark Takai, late a Representative from the 

4 State of Hawaii, $174,000. 

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

6 for ‘‘Department of Transportation—Federal Railroad Ad7 ministration—Operating Grants to the National Railroad 

8 Passenger Corporation’’ and ‘‘Department of Transpor9 tation—Federal Railroad Administration—Capital and 

10 Debt Service Grants to the National Railroad Passenger 

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

12 structure, and under the authorities and conditions, set 

13 forth for ‘‘Department of Transportation—Federal Rail14 road Administration—Northeast Corridor Grants to the 

15 National Railroad Passenger Corporation’’ and ‘‘Depart16 ment of Transportation—Federal Railroad Administra17 tion—National Network Grants to the National Railroad 

18 Passenger Corporation’’ in H.R. 5394 and S. 2844, as in19 troduced in the One Hundred Fourteenth Congress. 

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

21 are provided for ‘‘Department of Transportation—Federal 

22 Railroad Administration—Northeast Corridor Grants to 

23 the National Railroad Passenger Corporation’’ at a rate for 

24 operations of $235,000,000, to remain available until ex25 pended, and for ‘‘Department of Transportation—Federal 


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1 Railroad Administration—National Network Grants to the 

2 National Railroad Passenger Corporation’’ at a rate for op3 erations of $1,155,000,000, to remain available until ex4 pended. 

5 SEC. 144. Amounts made available by section 101 for 

6 ‘‘Maritime Administration—Maritime Security Program’’ 

7 shall be allocated at an annual rate across all vessels cov8 ered by operating agreements, as that term is used in chap9 ter 531 of title 46, United States Code, and the Secretary 

10 shall distribute equally all such funds for payments due 

11 under all operating agreements in equal amounts notwith12 standing title 46, United States Code, section 53106: Pro13 vided, That no payment shall exceed an annual rate of 

14 $3,500,000 per operating agreement. 

15 SEC. 145. (a) In addition to the amount otherwise pro16 vided by section 101 for the ‘‘Community Planning and De17 velopment, Community Development Fund’’, there is appro18 priated $500,000,000 for an additional amount for fiscal 

19 year 2016, to remain available until expended, for nec20 essary expenses for activities authorized under title I of the 

21 Housing and Community Development Act of 1974 (42 

22 U.S.C. 5301 et seq.) related to disaster relief, long-term re23 covery, restoration of infrastructure and housing, and eco24 nomic revitalization in the most impacted and distressed 

25 areas resulting from a major disaster declared in 2016, and 


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1 which the disaster occurred prior to the date of enactment 

2 of this Act, pursuant to the Robert T. Stafford Disaster Re3 lief and Emergency Assistance Act (42 U.S.C. 5121 et seq.): 

4 Provided, That funds shall be awarded directly to the State 

5 or unit of general local government at the discretion of the 

6 Secretary: Provided further, That as a condition of making 

7 any grant, the Secretary shall certify in advance that such 

8 grantee has in place proficient financial controls and pro9 curement processes and has established adequate procedures 

10 to prevent any duplication of benefits as defined by section 

11 312 of the Robert T. Stafford Disaster Relief and Emer12 gency Assistance Act (42 U.S.C. 5155), to ensure timely ex13 penditure of funds, to maintain comprehensive websites re14 garding all disaster recovery activities assisted with these 

15 funds, and to detect and prevent waste, fraud, and abuse 

16 of funds: Provided further, That prior to the obligation of 

17 funds a grantee shall submit a plan to the Secretary for 

18 approval detailing the proposed use of all funds, including 

19 criteria for eligibility and how the use of these funds will 

20 address long-term recovery and restoration of infrastructure 

21 and housing and economic revitalization in the most im22 pacted and distressed areas: Provided further, That such 

23 funds may not be used for activities reimbursable by, or 

24 for which funds are made available by, the Federal Emer25 gency Management Agency or the Army Corps of Engineers: 


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1 Provided further, That funds allocated under this heading 

2 shall not be considered relevant to the non-disaster formula 

3 allocations made pursuant to section 106 of the Housing 

4 and Community Development Act of 1974 (42 U.S.C. 

5 5306): Provided further, That a State or subdivision thereof 

6 may use up to 5 percent of its allocation for administrative 

7 costs: Provided further, That in administering the funds 

8 under this heading, the Secretary of Housing and Urban 

9 Development may waive, or specify alternative require10 ments for, any provision of any statute or regulation that 

11 the Secretary administers in connection with the obligation 

12 by the Secretary or the use by the recipient of these funds 

13 (except for requirements related to fair housing, non14 discrimination, labor standards, and the environment), if 

15 the Secretary finds that good cause exists for the waiver 

16 or alternative requirement and such waiver or alternative 

17 requirement would not be inconsistent with the overall pur18 pose of title I of the Housing and Community Development 

19 Act of 1974: Provided further, That, notwithstanding the 

20 preceding proviso, recipients of funds provided under this 

21 heading that use such funds to supplement Federal assist22 ance provided under section 402, 403, 404, 406, 407, or 502 

23 of the Robert T. Stafford Disaster Relief and Emergency 

24 Assistance Act (42 U.S.C. 5121 et seq.) may adopt, without 

25 review or public comment, any environmental review, apVerDate Sep 11 2014 01:31 Sep 29, 2016 Jkt 059200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6203 E:\BILLS\H5325.PP H5325

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1 proval, or permit performed by a Federal agency, and such 

2 adoption shall satisfy the responsibilities of the recipient 

3 with respect to such environmental review, approval or per4 mit: Provided further, That, notwithstanding section 

5 104(g)(2) of the Housing and Community Development Act 

6 of 1974 (42 U.S.C. 5304(g)(2)), the Secretary may, upon 

7 receipt of a request for release of funds and certification, 

8 immediately approve the release of funds for an activity 

9 or project assisted under this heading if the recipient has 

10 adopted an environmental review, approval or permit 

11 under the preceding proviso or the activity or project is cat12 egorically excluded from review under the National Envi13 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Pro14 vided further, That the Secretary shall publish via notice 

15 in the Federal Register any waiver, or alternative require16 ment, to any statute or regulation that the Secretary ad17 ministers pursuant to title I of the Housing and Commu18 nity Development Act of 1974 no later than 5 days before 

19 the effective date of such waiver or alternative requirement: 

20 Provided further, That amounts provided under this section 

21 shall be designated by Congress as being for disaster relief 

22 pursuant to section 251(b)(2)(D) of the Balanced Budget 

23 and Emergency Deficit Control Act of 1985. 

24 (b) Unobligated balances, including recaptures and 

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1 partment of Housing and Urban Development for adminis2 trative costs of the Office of Community Planning and De3 velopment associated with funds appropriated to the De4 partment for specific disaster relief and related purposes 

5 and designated by Congress as an emergency requirement 

6 pursuant to a Concurrent Resolution on the Budget or the 

7 Balanced Budget and Emergency Deficit Control Act, in8 cluding information technology costs and costs for admin9 istering and overseeing such specific disaster related funds, 

10 shall be transferred to the Program Office Salaries and Ex11 penses, Community Planning and Development account for 

12 the Department, shall remain available until expended, and 

13 may be used for such administrative costs for administering 

14 any funds appropriated to the Department for any disaster 

15 relief and related purposes in any prior or future act, not16 withstanding the purposes for which such funds were appro17 priated: Provided, That the amounts transferred pursuant 

18 to this section that were previously designated by Congress 

19 as an emergency requirement pursuant to a Concurrent 

20 Resolution on the Budget or the Balanced Budget and 

21 Emergency Deficit Control Act are designated by the Con22 gress as an emergency requirement pursuant to section 

23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985 and shall be transferred only 


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1 if the President subsequently so designates the entire trans2 fer and transmits such designation to the Congress. 

3 (c) This section shall become effective immediately 

4 upon enactment of this Act. 

5 This division may be cited as the ‘‘Continuing Appro6 priations Act, 2017’’. 

7 DIVISION D—RESCISSIONS OF FUNDS 

8 SEC. 101. (a) Of the unobligated balances available 

9 from prior year appropriations under the heading ‘‘Depart10 ment of Commerce, Economic Development Administration, 

11 Economic Development Assistance Programs’’ designated 

12 by the Congress as an emergency requirement pursuant to 

13 the Concurrent Resolution on the Budget or the Balanced 

14 Budget and Emergency Deficit Control Act of 1985, 

15 $10,000,000 is rescinded immediately upon enactment of 

16 this Act: Provided, That such amounts are designated by 

17 the Congress as an emergency requirement pursuant to sec18 tion 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 

20 (b) Of the unobligated balances available from 

21 amounts provided under the heading ‘‘Department of Com22 merce, National Oceanic and Atmospheric Administration, 

23 Operations, Research, and Facilities’’ in title II of Public 

24 Law 111–212 for responding to economic impacts of fisher25 man and fishery dependent businesses, $13,000,000 is reVerDate Sep 11 2014 01:31 Sep 29, 2016 Jkt 059200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6203 E:\BILLS\H5325.PP H5325

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1 scinded immediately upon enactment of this Act: Provided, 

2 That such amounts are designated by the Congress as an 

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

4 of the Balanced Budget and Emergency Deficit Control Act 

5 of 1985. 

6 (c) Of the unobligated balances available from amounts 

7 provided under the heading ‘‘Department of Homeland Se8 curity, Office of the Secretary and Executive Management’’ 

9 in Public Law 109–148, $279,045 is rescinded immediately 

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

11 are designated by the Congress as an emergency require12 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

13 Budget and Emergency Deficit Control Act of 1985. 

14 (d) Of the unobligated balances available under the 

15 heading ‘‘Department of Homeland Security, U.S. Customs 

16 and Border Protection, Salaries and Expenses’’ from emer17 gency funds in Public Law 107–206 and earlier laws trans18 ferred to the Department of Homeland Security when it was 

19 created in 2003, $39,246 is rescinded immediately upon en20 actment of this Act: Provided, That such amounts are des21 ignated by the Congress as an emergency requirement pur22 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

23 Emergency Deficit Control Act of 1985. 

24 (e) Of the unobligated balances available from amounts 

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1 curity, United States Coast Guard, Acquisition, Construc2 tion, and Improvements’’ in Public Law 110–329, Public 

3 Law 109–148 and Public Law 109–234, $48,075,920 is re4 scinded immediately upon enactment of this Act: Provided, 

5 That such amounts are designated by the Congress as an 

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

7 of the Balanced Budget and Emergency Deficit Control Act 

8 of 1985. 

9 (f) Of the unobligated balances available under the 

10 heading ‘‘Department of Homeland Security, Federal 

11 Emergency Management Agency, Administrative and Re12 gional Operations’’ in Public Law 109–234, $731,790 is re13 scinded immediately upon enactment of this Act: Provided, 

14 That such amounts are designated by the Congress as an 

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

16 of the Balanced Budget and Emergency Deficit Control Act 

17 of 1985. 

18 (g) Of the unobligated amounts made available under 

19 section 1323(c)(1) of the Patient Protection and Affordable 

20 Care Act (42 U.S.C. 18043(c)(1)), $168,100,000 is rescinded 

21 immediately upon enactment of this Act. 

22 (h) Of the unobligated balances available under the 

23 heading ‘‘Operating Expenses’’ in title IX of the Depart24 ment of State, Foreign Operations, and Related Programs 

25 Appropriations Act, 2015 (division J of Public Law 113– 


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1 235), $7,522,000 is rescinded immediately upon enactment 

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

3 by the Congress as an emergency requirement pursuant to 

4 section 251(b)(2)(A)(i) of the Balanced Budget and Emer5 gency Deficit Control Act of 1985. 

6 (i) Of the unobligated balances of appropriations made 

7 available under the heading ‘‘Bilateral Economic Assist8 ance, Funds Appropriated to the President’’ in title IX of 

9 the Department of State, Foreign Operations, and Related 

10 Programs Appropriations Act, 2015 (division J of Public 

11 Law 113–235), $109,478,000 is rescinded immediately 

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

13 are designated by the Congress as an emergency require14 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

15 Budget and Emergency Deficit Control Act of 1985. 

16 (j) Of the unobligated balances available from amounts 

17 provided under the heading ‘‘Department of Transpor18 tation, Federal Aviation Administration, Facilities and 

19 Equipment’’ in Public Law 109–148, $4,384,920 is re20 scinded immediately upon enactment of this Act: Provided, 

21 That such amounts are designated by the Congress as an 

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

23 of the Balanced Budget and Emergency Deficit Control Act 

24 of 1985. 


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1 (k) Of the unobligated balances available from 

2 amounts provided under the heading ‘‘Department of 

3 Transportation, Federal Aviation Administration, Facili4 ties and Equipment’’ in Public Law 102–368, $990,277 is 

5 rescinded immediately upon enactment of this Act: Pro6 vided, That such amounts are designated by the Congress 

7 as an emergency requirement pursuant to section 

8 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985. 

10 (l) Of the unobligated balances available to the Depart11 ment of Transportation from amounts provided under sec12 tion 108 of Public Law 101–130, $37,400,000 is rescinded 

13 immediately upon enactment of this Act: Provided, That 

14 such amounts are designated by the Congress as an emer15 gency requirement pursuant to section 251(b)(2)(A)(i) of 

16 the Balanced Budget and Emergency Deficit Control Act 

17 of 1985. 

Passed the House of Representatives June 10, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 

Passed the Senate September 28, 2016. 

Attest: JULIE E. ADAMS, 

Secretary. 


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