In the Senate of the United States, 

September 28, 2016. 

Resolved, That the bill from the House of Representatives (H.R. 5325) entitled ‘‘An Act making appropriations for 

the Legislative Branch for the fiscal year ending September 

30, 2017, and for other purposes.’’, do pass with the following 

AMENDMENT: 

Strike all after the enacting clause, and insert in lieu 

thereof: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Continuing Appropria3 tions and Military Construction, Veterans Affairs, and Re4 lated Agencies Appropriations Act, 2017, and Zika Re5 sponse and Preparedness Act’’. 
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1 SEC. 2. TABLE OF CONTENTS. 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Statement of appropriations. 

Sec. 5. Availability of funds. 

Sec. 6. Explanatory statement. 

DIVISION A—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2017 

Title I—Department of Defense 

Title II—Department of Veterans Affairs 

Title III—Related agencies 

Title IV—Overseas contingency operations 

Title V—General provisions 

DIVISION B—ZIKA RESPONSE AND PREPAREDNESS 

Title I—Department of Health and Human Services 

Title II—Department of State 

Title III—General Provisions—This Division 

DIVISION C—CONTINUING APPROPRIATIONS ACT, 2017 

DIVISION D—RESCISSIONS OF FUNDS 

2 SEC. 3. REFERENCES. 

3 Except as expressly provided otherwise, any reference 

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

5 be treated as referring only to the provisions of that divi6 sion. 

7 SEC. 4. STATEMENT OF APPROPRIATIONS. 

8 The following sums in this Act are appropriated, out 

9 of any money in the Treasury not otherwise appropriated, 

10 for the fiscal year ending September 30, 2017. 

11 SEC. 5. AVAILABILITY OF FUNDS. 

12 Each amount designated in this Act by the Congress 

13 as an emergency requirement pursuant to section 

14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
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1 Deficit Control Act of 1985 shall be available (or rescinded, 

2 if applicable) only if the President subsequently so des3 ignates all such amounts and transmits such designations 

4 to the Congress. 

5 SEC. 6. EXPLANATORY STATEMENT. 

6 (a) The explanatory statement regarding this Act, 

7 printed in the Senate section of the Congressional Record 

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

9 Committee on Appropriations of the Senate, shall have the 

10 same effect with respect to the allocation of funds and im11 plementation of divisions A through D of this Act as if it 

12 were a joint explanatory statement of a committee of con13 ference. 

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

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

16 shall be considered to be a reference to the explanatory state17 ment described in subsection (a). 

18 DIVISION A—MILITARY CONSTRUCTION, 

19 VETERANS AFFAIRS, AND RELATED 

20 AGENCIES APPROPRIATIONS ACT, 2017 

21 TITLE I 

22 DEPARTMENT OF DEFENSE 

23 MILITARY CONSTRUCTION, ARMY

24 For acquisition, construction, installation, and equip25 ment of temporary or permanent public works, military in-
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1 stallations, facilities, and real property for the Army as 

2 currently authorized by law, including personnel in the 

3 Army Corps of Engineers and other personal services nec4 essary for the purposes of this appropriation, and for con5 struction and operation of facilities in support of the func6 tions of the Commander in Chief, $513,459,000, to remain 

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

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

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

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

11 Secretary of the Army determines that additional obliga12 tions are necessary for such purposes and notifies the Com13 mittees on Appropriations of both Houses of Congress of the 

14 determination and the reasons therefor. 

15 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

16 For acquisition, construction, installation, and equip17 ment of temporary or permanent public works, naval in18 stallations, facilities, and real property for the Navy and 

19 Marine Corps as currently authorized by law, including 

20 personnel in the Naval Facilities Engineering Command 

21 and other personal services necessary for the purposes of this 

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

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

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

25 design, and architect and engineer services, as authorized 
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1 by law, unless the Secretary of the Navy determines that 

2 additional obligations are necessary for such purposes and 

3 notifies the Committees on Appropriations of both Houses 

4 of Congress of the determination and the reasons therefor. 

5 MILITARY CONSTRUCTION, AIR FORCE

6 For acquisition, construction, installation, and equip7 ment of temporary or permanent public works, military in8 stallations, facilities, and real property for the Air Force 

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

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

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

12 study, planning, design, and architect and engineer serv13 ices, as authorized by law, unless the Secretary of the Air 

14 Force determines that additional obligations are necessary 

15 for such purposes and notifies the Committees on Appro16 priations of both Houses of Congress of the determination 

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

18 funds made available under this heading shall be for con19 struction of the Joint Intelligence Analysis Complex Con20 solidation, Phase 3, at Royal Air Force Croughton, United 

21 Kingdom, unless authorized in an Act authorizing appro22 priations for fiscal year 2017 for military construction. 
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1 MILITARY CONSTRUCTION, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For acquisition, construction, installation, and equip4 ment of temporary or permanent public works, installa5 tions, facilities, and real property for activities and agen6 cies of the Department of Defense (other than the military 

7 departments), as currently authorized by law, 

8 $2,025,444,000, to remain available until September 30, 

9 2021: Provided, That such amounts of this appropriation 

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

11 transferred to such appropriations of the Department of De12 fense available for military construction or family housing 

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

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

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

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

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

18 design, and architect and engineer services, as authorized 

19 by law, unless the Secretary of Defense determines that ad20 ditional obligations are necessary for such purposes and no21 tifies the Committees on Appropriations of both Houses of 

22 Congress of the determination and the reasons therefor. 

23 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

24 For construction, acquisition, expansion, rehabilita25 tion, and conversion of facilities for the training and ad-
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1 ministration of the Army National Guard, and contribu2 tions therefor, as authorized by chapter 1803 of title 10, 

3 United States Code, and Military Construction Authoriza4 tion Acts, $232,930,000, to remain available until Sep5 tember 30, 2021: Provided, That, of the amount appro6 priated, not to exceed $8,729,000 shall be available for 

7 study, planning, design, and architect and engineer serv8 ices, as authorized by law, unless the Director of the Army 

9 National Guard determines that additional obligations are 

10 necessary for such purposes and notifies the Committees on 

11 Appropriations of both Houses of Congress of the determina12 tion and the reasons therefor. 

13 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

14 For construction, acquisition, expansion, rehabilita15 tion, and conversion of facilities for the training and ad16 ministration of the Air National Guard, and contributions 

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

18 States Code, and Military Construction Authorization Acts, 

19 $143,957,000, to remain available until September 30, 

20 2021: Provided, That, of the amount appropriated, not to 

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

22 design, and architect and engineer services, as authorized 

23 by law, unless the Director of the Air National Guard deter24 mines that additional obligations are necessary for such 

25 purposes and notifies the Committees on Appropriations of 
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1 both Houses of Congress of the determination and the rea2 sons therefor. 

3 MILITARY CONSTRUCTION, ARMY RESERVE

4 For construction, acquisition, expansion, rehabilita5 tion, and conversion of facilities for the training and ad6 ministration of the Army Reserve as authorized by chapter 

7 1803 of title 10, United States Code, and Military Con8 struction Authorization Acts, $68,230,000, to remain avail9 able until September 30, 2021: Provided, That, of the 

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

11 available for study, planning, design, and architect and en12 gineer services, as authorized by law, unless the Chief of 

13 the Army Reserve determines that additional obligations 

14 are necessary for such purposes and notifies the Committees 

15 on Appropriations of both Houses of Congress of the deter16 mination and the reasons therefor. 

17 MILITARY CONSTRUCTION, NAVY RESERVE

18 For construction, acquisition, expansion, rehabilita19 tion, and conversion of facilities for the training and ad20 ministration of the reserve components of the Navy and Ma21 rine Corps as authorized by chapter 1803 of title 10, United 

22 States Code, and Military Construction Authorization Acts, 

23 $38,597,000, to remain available until September 30, 2021: 

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

25 $3,783,000 shall be available for study, planning, design, 
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1 and architect and engineer services, as authorized by law, 

2 unless the Secretary of the Navy determines that additional 

3 obligations are necessary for such purposes and notifies the 

4 Committees on Appropriations of both Houses of Congress 

5 of the determination and the reasons therefor. 

6 MILITARY CONSTRUCTION, AIR FORCE RESERVE

7 For construction, acquisition, expansion, rehabilita8 tion, and conversion of facilities for the training and ad9 ministration of the Air Force Reserve as authorized by 

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

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

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

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

14 available for study, planning, design, and architect and en15 gineer services, as authorized by law, unless the Chief of 

16 the Air Force Reserve determines that additional obliga17 tions are necessary for such purposes and notifies the Com18 mittees on Appropriations of both Houses of Congress of the 

19 determination and the reasons therefor. 

20 NORTH ATLANTIC TREATY ORGANIZATION

21 SECURITY INVESTMENT PROGRAM

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

23 Atlantic Treaty Organization Security Investment Pro24 gram for the acquisition and construction of military facili25 ties and installations (including international military 
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1 headquarters) and for related expenses for the collective de2 fense of the North Atlantic Treaty Area as authorized by 

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

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

5 available until expended. 

6 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

7 For deposit into the Department of Defense Base Clo8 sure Account, established by section 2906(a) of the Defense 

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

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

11 FAMILY HOUSING CONSTRUCTION, ARMY

12 For expenses of family housing for the Army for con13 struction, including acquisition, replacement, addition, ex14 pansion, extension, and alteration, as authorized by law, 

15 $157,172,000, to remain available until September 30, 

16 2021. 

17 FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

18 For expenses of family housing for the Army for oper19 ation and maintenance, including debt payment, leasing, 

20 minor construction, principal and interest charges, and in21 surance premiums, as authorized by law, $325,995,000. 

22 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

23 CORPS

24 For expenses of family housing for the Navy and Ma25 rine Corps for construction, including acquisition, replace-
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1 ment, addition, expansion, extension, and alteration, as au2 thorized by law, $94,011,000, to remain available until 

3 September 30, 2021. 

4 FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY

5 AND MARINE CORPS

6 For expenses of family housing for the Navy and Ma7 rine Corps for operation and maintenance, including debt 

8 payment, leasing, minor construction, principal and inter9 est charges, and insurance premiums, as authorized by law, 

10 $300,915,000. 

11 FAMILY HOUSING CONSTRUCTION, AIR FORCE

12 For expenses of family housing for the Air Force for 

13 construction, including acquisition, replacement, addition, 

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

15 $61,352,000, to remain available until September 30, 2021. 

16 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

17 FORCE

18 For expenses of family housing for the Air Force for 

19 operation and maintenance, including debt payment, leas20 ing, minor construction, principal and interest charges, 

21 and insurance premiums, as authorized by law, 

22 $274,429,000. 
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1 FAMILY HOUSING OPERATION AND MAINTENANCE, 

2 DEFENSE-WIDE

3 For expenses of family housing for the activities and 

4 agencies of the Department of Defense (other than the mili5 tary departments) for operation and maintenance, leasing, 

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

7 DEPARTMENT OF DEFENSE FAMILY HOUSING

8 IMPROVEMENT FUND

9 For the Department of Defense Family Housing Im10 provement Fund, $3,258,000, to remain available until ex11 pended, for family housing initiatives undertaken pursuant 

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

13 alternative means of acquiring and improving military 

14 family housing and supporting facilities. 

15 ADMINISTRATIVE PROVISIONS

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

17 title shall be expended for payments under a cost-plus-a18 fixed-fee contract for construction, where cost estimates ex19 ceed $25,000, to be performed within the United States, ex20 cept Alaska, without the specific approval in writing of the 

21 Secretary of Defense setting forth the reasons therefor. 

22 SEC. 102. Funds made available in this title for con23 struction shall be available for hire of passenger motor vehi24 cles. 
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1 SEC. 103. Funds made available in this title for con2 struction may be used for advances to the Federal Highway 

3 Administration, Department of Transportation, for the con4 struction of access roads as authorized by section 210 of 

5 title 23, United States Code, when projects authorized there6 in are certified as important to the national defense by the 

7 Secretary of Defense. 

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

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

10 United States for which specific appropriations have not 

11 been made. 

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

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

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

15 Army Corps of Engineers or the Naval Facilities Engineer16 ing Command, except: (1) where there is a determination 

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

18 the Attorney General or the designee of the Attorney Gen19 eral; (3) where the estimated value is less than $25,000; or 

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

21 be in the public interest. 

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

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

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

25 except housing for which funds have been made available 
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1 in annual Acts making appropriations for military con2 struction. 

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

4 title for minor construction may be used to transfer or relo5 cate any activity from one base or installation to another, 

6 without prior notification to the Committees on Appropria7 tions of both Houses of Congress. 

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

9 title may be used for the procurement of steel for any con10 struction project or activity for which American steel pro11 ducers, fabricators, and manufacturers have been denied the 

12 opportunity to compete for such steel procurement. 

13 SEC. 109. None of the funds available to the Depart14 ment of Defense for military construction or family housing 

15 during the current fiscal year may be used to pay real prop16 erty taxes in any foreign nation. 

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

18 title may be used to initiate a new installation overseas 

19 without prior notification to the Committees on Appropria20 tions of both Houses of Congress. 

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

22 title may be obligated for architect and engineer contracts 

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

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

25 Organization member country, or in countries bordering the 
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1 Arabian Gulf, unless such contracts are awarded to United 

2 States firms or United States firms in joint venture with 

3 host nation firms. 

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

5 title for military construction in the United States terri6 tories and possessions in the Pacific and on Kwajalein 

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

8 used to award any contract estimated by the Government 

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

10 this section shall not be applicable to contract awards for 

11 which the lowest responsive and responsible bid of a United 

12 States contractor exceeds the lowest responsive and respon13 sible bid of a foreign contractor by greater than 20 percent: 

14 Provided further, That this section shall not apply to con15 tract awards for military construction on Kwajalein Atoll 

16 for which the lowest responsive and responsible bid is sub17 mitted by a Marshallese contractor. 

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

19 appropriate committees of both Houses of Congress, includ20 ing the Committees on Appropriations, of plans and scope 

21 of any proposed military exercise involving United States 

22 personnel 30 days prior to its occurring, if amounts ex23 pended for construction, either temporary or permanent, 

24 are anticipated to exceed $100,000. 
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1 SEC. 114. Funds appropriated to the Department of 

2 Defense for construction in prior years shall be available 

3 for construction authorized for each such military depart4 ment by the authorizations enacted into law during the cur5 rent session of Congress. 

6 SEC. 115. For military construction or family housing 

7 projects that are being completed with funds otherwise ex8 pired or lapsed for obligation, expired or lapsed funds may 

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

10 overhead, engineering and design on those projects and on 

11 subsequent claims, if any. 

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

13 any funds made available to a military department or de14 fense agency for the construction of military projects may 

15 be obligated for a military construction project or contract, 

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

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

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

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

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

21 do not exceed the amount appropriated for such project, 

22 plus any amount by which the cost of such project is in23 creased pursuant to law. 
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1 (INCLUDING TRANSFER OF FUNDS)

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

3 days for a notification provided in an electronic medium 

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

5 Code, to the Committees on Appropriations of both Houses 

6 of Congress, such additional amounts as may be determined 

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

8 Department of Defense Family Housing Improvement Fund 

9 from amounts appropriated for construction in ‘‘Family 

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

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

12 amounts appropriated directly to the Fund; or (2) the De13 partment of Defense Military Unaccompanied Housing Im14 provement Fund from amounts appropriated for construc15 tion of military unaccompanied housing in ‘‘Military Con16 struction’’ accounts, to be merged with and to be available 

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

18 amounts appropriated directly to the Fund: Provided, That 

19 appropriations made available to the Funds shall be avail20 able to cover the costs, as defined in section 502(5) of the 

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

22 guarantees issued by the Department of Defense pursuant 

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

24 10, United States Code, pertaining to alternative means of 
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1 acquiring and improving military family housing, military 

2 unaccompanied housing, and supporting facilities. 

3 (INCLUDING TRANSFER OF FUNDS)

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

5 available to the Department of Defense, amounts may be 

6 transferred from the Department of Defense Base Closure 

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

8 Demonstration Cities and Metropolitan Development Act of 

9 1966 (42 U.S.C. 3374) to pay for expenses associated with 

10 the Homeowners Assistance Program incurred under 42 

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

12 merged with and be available for the same purposes and 

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

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

15 funds made available in this title for operation and mainte16 nance of family housing shall be the exclusive source of 

17 funds for repair and maintenance of all family housing 

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

19 That not more than $35,000 per unit may be spent annu20 ally for the maintenance and repair of any general or flag 

21 officer quarters without 30 days prior notification, or 14 

22 days for a notification provided in an electronic medium 

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

24 Code, to the Committees on Appropriations of both Houses 

25 of Congress, except that an after-the-fact notification shall 
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1 be submitted if the limitation is exceeded solely due to costs 

2 associated with environmental remediation that could not 

3 be reasonably anticipated at the time of the budget submis4 sion: Provided further, That the Under Secretary of Defense 

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

6 Appropriations of both Houses of Congress all operation 

7 and maintenance expenditures for each individual general 

8 or flag officer quarters for the prior fiscal year. 

9 SEC. 120. Amounts contained in the Ford Island Im10 provement Account established by subsection (h) of section 

11 2814 of title 10, United States Code, are appropriated and 

12 shall be available until expended for the purposes specified 

13 in subsection (i)(1) of such section or until transferred pur14 suant to subsection (i)(3) of such section. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 121. During the 5-year period after appropria17 tions available in this Act to the Department of Defense 

18 for military construction and family housing operation and 

19 maintenance and construction have expired for obligation, 

20 upon a determination that such appropriations will not be 

21 necessary for the liquidation of obligations or for making 

22 authorized adjustments to such appropriations for obliga23 tions incurred during the period of availability of such ap24 propriations, unobligated balances of such appropriations 

25 may be transferred into the appropriation ‘‘Foreign Cur-
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1 rency Fluctuations, Construction, Defense’’, to be merged 

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

3 the same purposes as the appropriation to which trans4 ferred. 

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

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

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

8 that— 

9 (1) performs a testing mission or function that 

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

11 is specifically stipulated in title 10, United States 

12 Code; and 

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

14 the total number of civilian employees of the Depart15 ment of the Army and Army contractor personnel em16 ployed exceeds 10 percent of the total number of mem17 bers of the regular and reserve components of the 

18 Army assigned to the installation. 

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

20 Secretary of the Army certifies to the congressional defense 

21 committees that in proposing the relocation of the unit of 

22 the Army, the Secretary complied with Army Regulation 

23 5–10 relating to the policy, procedures, and responsibilities 

24 for Army stationing actions. 
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1 SEC. 123. Amounts appropriated or otherwise made 

2 available in an account funded under the headings in this 

3 title may be transferred among projects and activities with4 in the account in accordance with the reprogramming 

5 guidelines for military construction and family housing 

6 construction contained in Department of Defense Financial 

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

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

9 Act. 

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

11 title may be obligated or expended for planning and design 

12 and construction of projects at Arlington National Ceme13 tery. 

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

15 and in the amounts specified, to remain available until 

16 September 30, 2021: 

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

18 ‘‘Military Construction, Navy and Marine 

19 Corps’’, $227,099,000; 

20 ‘‘Military Construction, Air Force’’, 

21 $149,500,000; 

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

23 $67,500,000; 

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

25 $11,000,000; 
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1 ‘‘Military Construction, Army Reserve’’, 

2 $30,000,000: 

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

4 out construction projects identified in the respective mili5 tary department’s unfunded priority list for fiscal year 

6 2017 submitted to Congress by the Secretary of Defense: 

7 Provided further, That such projects are subject to author8 ization prior to obligation and expenditure of funds to 

9 carry out construction: Provided further, That not later 

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

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

12 shall submit to the Committees on Appropriations of both 

13 Houses of Congress an expenditure plan for funds provided 

14 under this section. 

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

16 Construction, Navy and Marine Corps’’, $89,400,000, to re17 main available until September 30, 2021: Provided, That, 

18 such funds may only be obligated to carry out construction 

19 projects identified by the Department of the Navy in its 

20 June 8, 2016, unfunded priority list submission to the Com21 mittees on Appropriations of both Houses of Congress de22 tailing unfunded reprogramming and emergency construc23 tion requirements: Provided further, That, not later than 

24 30 days after enactment of this Act, the Secretary of the 
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1 Navy, or his or her designee, shall submit to the Committees 

2 an expenditure plan for funds provided under this section. 

3 (RESCISSIONS OF FUNDS)

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

5 Department of Defense from prior appropriation Acts, the 

6 following funds are hereby rescinded from the following ac7 counts in the amounts specified: 

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

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

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

11 $171,600,000, of which $30,000,000 are to be derived 

12 from amounts made available for Missile Defense 

13 Agency planning and design; and 

14 ‘‘North Atlantic Treaty Organization Security 

15 Investment Program’’, $30,000,000: 

16 Provided, That no amounts may be rescinded from amounts 

17 that were designated by the Congress for Overseas Contin18 gency Operations/Global War on Terrorism or as an emer19 gency requirement pursuant to a concurrent resolution on 

20 the budget or the Balanced Budget and Emergency Deficit 

21 Control Act of 1985, as amended. 

22 (RESCISSION OF FUNDS)

23 SEC. 128. Of the unobligated balances made available 

24 in prior appropriation Acts for the fund established in sec25 tion 1013(d) of the Demonstration Cities and Metropolitan 
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1 Development Act of 1966 (42 U.S.C. 3374) (other than ap2 propriations designated by law as being for contingency op3 erations directly related to the global war on terrorism or 

4 as an emergency requirement), $25,000,000 are hereby re5 scinded. 

6 SEC. 129. For the purposes of this Act, the term ‘‘con7 gressional defense committees’’ means the Committees on 

8 Armed Services of the House of Representatives and the 

9 Senate, the Subcommittee on Military Construction and 

10 Veterans Affairs of the Committee on Appropriations of the 

11 Senate, and the Subcommittee on Military Construction 

12 and Veterans Affairs of the Committee on Appropriations 

13 of the House of Representatives. 

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

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

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

17 Cuba. 

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

19 none of the funds appropriated or otherwise made available 

20 by this or any other Act may be used to consolidate or relo21 cate any element of a United States Air Force Rapid Engi22 neer Deployable Heavy Operational Repair Squadron En23 gineer (RED HORSE) outside of the United States until 

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

25 and comparison of the cost and infrastructure investment 
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1 required to consolidate or relocate a RED HORSE squad2 ron outside of the United States versus within the United 

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

4 of both Houses of Congress (‘‘the Committees’’) a report de5 tailing the findings of the cost analysis; and (3) certifies 

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

7 consolidation or relocation yields the greatest savings for 

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

9 this section does not include any territory or possession of 

10 the United States. 

11 TITLE II 

12 DEPARTMENT OF VETERANS AFFAIRS 

13 VETERANS BENEFITS ADMINISTRATION

14 COMPENSATION AND PENSIONS

15 (INCLUDING TRANSFER OF FUNDS)

16 For the payment of compensation benefits to or on be17 half of veterans and a pilot program for disability examina18 tions as authorized by section 107 and chapters 11, 13, 18, 

19 51, 53, 55, and 61 of title 38, United States Code; pension 

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

21 15, 51, 53, 55, and 61 of title 38, United States Code; and 

22 burial benefits, the Reinstated Entitlement Program for 

23 Survivors, emergency and other officers’ retirement pay, ad24 justed-service credits and certificates, payment of premiums 

25 due on commercial life insurance policies guaranteed under 
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1 the provisions of title IV of the Servicemembers Civil Relief 

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

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

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

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

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

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

8 fiscal year 2018 under this heading shall be reimbursed to 

9 ‘‘General Operating Expenses, Veterans Benefits Adminis10 tration’’, and ‘‘Information Technology Systems’’ for nec11 essary expenses in implementing the provisions of chapters 

12 51, 53, and 55 of title 38, United States Code, the funding 

13 source for which is specifically provided as the ‘‘Compensa14 tion and Pensions’’ appropriation: Provided further, That 

15 such sums as may be earned on an actual qualifying pa16 tient basis, shall be reimbursed to ‘‘Medical Care Collections 

17 Fund’’ to augment the funding of individual medical facili18 ties for nursing home care provided to pensioners as author19 ized. 

20 READJUSTMENT BENEFITS

21 For the payment of readjustment and rehabilitation 

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

23 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of 

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

25 available until expended and to become available on October 
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1 1, 2017: Provided, That expenses for rehabilitation program 

2 services and assistance which the Secretary is authorized 

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

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

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

6 account. 

7 VETERANS INSURANCE AND INDEMNITIES

8 For military and naval insurance, national service life 

9 insurance, servicemen’s indemnities, service-disabled vet10 erans insurance, and veterans mortgage life insurance as 

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

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

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

14 2017. 

15 VETERANS HOUSING BENEFIT PROGRAM FUND

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

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

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

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

20 the cost of modifying such loans, shall be as defined in sec21 tion 502 of the Congressional Budget Act of 1974: Provided 

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

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

24 direct loans are authorized for specially adapted housing 

25 loans. 
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1 In addition, for administrative expenses to carry out 

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

3 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

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

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

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

7 be as defined in section 502 of the Congressional Budget 

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

9 under this heading are available to subsidize gross obliga10 tions for the principal amount of direct loans not to exceed 

11 $2,517,000. 

12 In addition, for administrative expenses necessary to 

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

14 be paid to the appropriation for ‘‘General Operating Ex15 penses, Veterans Benefits Administration’’. 

16 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

17 ACCOUNT

18 For administrative expenses to carry out the direct 

19 loan program authorized by subchapter V of chapter 37 of 

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

21 GENERAL OPERATING EXPENSES, VETERANS BENEFITS

22 ADMINISTRATION

23 For necessary operating expenses of the Veterans Bene24 fits Administration, not otherwise provided for, including 

25 hire of passenger motor vehicles, reimbursement of the Gen-
29 

† HR 5325 EAS 

1 eral Services Administration for security guard services, 

2 and reimbursement of the Department of Defense for the 

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

4 That expenses for services and assistance authorized under 

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

6 38, United States Code, that the Secretary of Veterans Af7 fairs determines are necessary to enable entitled veterans: 

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

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

10 to achieve maximum independence in daily living, shall be 

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

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

13 shall remain available until September 30, 2018. 

14 VETERANS HEALTH ADMINISTRATION

15 MEDICAL SERVICES

16 For necessary expenses for furnishing, as authorized 

17 by law, inpatient and outpatient care and treatment to 

18 beneficiaries of the Department of Veterans Affairs and vet19 erans described in section 1705(a) of title 38, United States 

20 Code, including care and treatment in facilities not under 

21 the jurisdiction of the Department, and including medical 

22 supplies and equipment, bioengineering services, food serv23 ices, and salaries and expenses of healthcare employees 

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

25 as authorized by section 1741 of title 38, United States 
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1 Code, assistance and support services for caregivers as au2 thorized by section 1720G of title 38, United States Code, 

3 loan repayments authorized by section 604 of the Caregivers 

4 and Veterans Omnibus Health Services Act of 2010 (Public 

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

6 hospital care and medical services authorized by section 

7 1787 of title 38, United States Code; $1,078,993,000, which 

8 shall be in addition to funds previously appropriated under 

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

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

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

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

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

14 heading, $1,400,000,000 shall remain available until Sep15 tember 30, 2019: Provided further, That, notwithstanding 

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

17 shall establish a priority for the provision of medical treat18 ment for veterans who have service-connected disabilities, 

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

20 notwithstanding any other provision of law, the Secretary 

21 of Veterans Affairs shall give priority funding for the provi22 sion of basic medical benefits to veterans in enrollment pri23 ority groups 1 through 6: Provided further, That, notwith24 standing any other provision of law, the Secretary of Vet25 erans Affairs may authorize the dispensing of prescription 
31 

† HR 5325 EAS 

1 drugs from Veterans Health Administration facilities to en2 rolled veterans with privately written prescriptions based 

3 on requirements established by the Secretary: Provided fur4 ther, That the implementation of the program described in 

5 the previous proviso shall incur no additional cost to the 

6 Department of Veterans Affairs: Provided further, That the 

7 Secretary of Veterans Affairs shall ensure that sufficient 

8 amounts appropriated under this heading for medical sup9 plies and equipment are available for the acquisition of 

10 prosthetics designed specifically for female veterans: Pro11 vided further, That the Secretary of Veterans Affairs shall 

12 provide access to therapeutic listening devices to veterans 

13 struggling with mental health related problems, substance 

14 abuse, or traumatic brain injury. 

15 MEDICAL COMMUNITY CARE

16 For necessary expenses for furnishing health care to 

17 individuals pursuant to chapter 17 of title 38, United 

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

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

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

21 $9,409,118,000 shall become available on October 1, 2017, 

22 and shall remain available until September 30, 2018: Pro23 vided, That of the amount made available on October 1, 

24 2017, $1,500,000,000 shall remain available until Sep25 tember 30, 2021. 
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1 MEDICAL SUPPORT AND COMPLIANCE

2 For necessary expenses in the administration of the 

3 medical, hospital, nursing home, domiciliary, construction, 

4 supply, and research activities, as authorized by law; ad5 ministrative expenses in support of capital policy activities; 

6 and administrative and legal expenses of the Department 

7 for collecting and recovering amounts owed the Department 

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

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

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

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

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

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

14 heading, $100,000,000 shall remain available until Sep15 tember 30, 2019. 

16 MEDICAL FACILITIES

17 For necessary expenses for the maintenance and oper18 ation of hospitals, nursing homes, domiciliary facilities, 

19 and other necessary facilities of the Veterans Health Admin20 istration; for administrative expenses in support of plan21 ning, design, project management, real property acquisition 

22 and disposition, construction, and renovation of any facil23 ity under the jurisdiction or for the use of the Department; 

24 for oversight, engineering, and architectural activities not 

25 charged to project costs; for repairing, altering, improving, 
33 

† HR 5325 EAS 

1 or providing facilities in the several hospitals and homes 

2 under the jurisdiction of the Department, not otherwise pro3 vided for, either by contract or by the hire of temporary 

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

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

6 addition to funds previously appropriated under this head7 ing that become available on October 1, 2016; and, in addi8 tion, $5,434,880,000, plus reimbursements, shall become 

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

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

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

12 $250,000,000 shall remain available until September 30, 

13 2019. 

14 MEDICAL AND PROSTHETIC RESEARCH

15 For necessary expenses in carrying out programs of 

16 medical and prosthetic research and development as author17 ized by chapter 73 of title 38, United States Code, 

18 $675,366,000, plus reimbursements, shall remain available 

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

20 Veterans Affairs shall ensure that sufficient amounts appro21 priated under this heading are available for prosthetic re22 search specifically for female veterans, and for toxic expo23 sure research. 
34 

† HR 5325 EAS 

1 NATIONAL CEMETERY ADMINISTRATION

2 For necessary expenses of the National Cemetery Ad3 ministration for operations and maintenance, not otherwise 

4 provided for, including uniforms or allowances therefor; 

5 cemeterial expenses as authorized by law; purchase of one 

6 passenger motor vehicle for use in cemeterial operations; 

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

8 improvement of facilities under the jurisdiction of the Na9 tional Cemetery Administration, $286,193,000, of which 

10 not to exceed 10 percent shall remain available until Sep11 tember 30, 2018. 

12 DEPARTMENTAL ADMINISTRATION

13 GENERAL ADMINISTRATION

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary operating expenses of the Department of 

16 Veterans Affairs, not otherwise provided for, including ad17 ministrative expenses in support of Department-wide cap18 ital planning, management and policy activities, uniforms, 

19 or allowances therefor; not to exceed $25,000 for official re20 ception and representation expenses; hire of passenger 

21 motor vehicles; and reimbursement of the General Services 

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

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

24 September 30, 2018: Provided, That funds provided under 
35 

† HR 5325 EAS 

1 this heading may be transferred to ‘‘General Operating Ex2 penses, Veterans Benefits Administration’’. 

3 BOARD OF VETERANS APPEALS

4 For necessary operating expenses of the Board of Vet5 erans Appeals, $156,096,000, of which not to exceed 10 per6 cent shall remain available until September 30, 2018. 

7 INFORMATION TECHNOLOGY SYSTEMS

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses for information technology sys10 tems and telecommunications support, including develop11 mental information systems and operational information 

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

13 asset acquisition of information technology systems, includ14 ing management and related contractual costs of said ac15 quisitions, including contractual costs associated with oper16 ations authorized by section 3109 of title 5, United States 

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

18 $1,272,548,000 shall be for pay and associated costs, of 

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

20 until September 30, 2018: Provided further, That 

21 $2,534,442,000 shall be for operations and maintenance, of 

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

23 until September 30, 2018: Provided further, That 

24 $471,269,000 shall be for information technology systems 

25 development, modernization, and enhancement, and shall 
36 

† HR 5325 EAS 

1 remain available until September 30, 2018: Provided fur2 ther, That amounts made available for information tech3 nology systems development, modernization, and enhance4 ment may not be obligated or expended until the Secretary 

5 of Veterans Affairs or the Chief Information Officer of the 

6 Department of Veterans Affairs submits to the Committees 

7 on Appropriations of both Houses of Congress a certifi8 cation of the amounts, in parts or in full, to be obligated 

9 and expended for each development project: Provided fur10 ther, That amounts made available for salaries and ex11 penses, operations and maintenance, and information tech12 nology systems development, modernization, and enhance13 ment may be transferred among the three subaccounts after 

14 the Secretary of Veterans Affairs requests from the Commit15 tees on Appropriations of both Houses of Congress the au16 thority to make the transfer and an approval is issued: Pro17 vided further, That amounts made available for the ‘‘Infor18 mation Technology Systems’’ account for development, mod19 ernization, and enhancement may be transferred among 

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

21 no project may be increased or decreased by more than 

22 $1,000,000 of cost prior to submitting a request to the Com23 mittees on Appropriations of both Houses of Congress to 

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

25 response, a period of 30 days has elapsed: Provided further, 
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† HR 5325 EAS 

1 That funds under this heading may be used by the Inter2 agency Program Office through the Department of Veterans 

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

4 used to enable interoperability: Provided further, That of 

5 the funds made available for information technology sys6 tems development, modernization, and enhancement for 

7 VistA Evolution or any successor program, not more than 

8 25 percent may be obligated or expended until the Secretary 

9 of Veterans Affairs: 

10 (1) submits to the Committees on Appropriations 

11 of both Houses of Congress the VistA Evolution Busi12 ness Case and supporting documents regarding con13 tinuation of VistA Evolution or alternatives to VistA 

14 Evolution, including an analysis of necessary or de15 sired capabilities, technical and security require16 ments, the plan for modernizing the platform frame17 work, and all associated costs; 

18 (2) submits to the Committees on Appropriations 

19 of both Houses of Congress, and such Committees ap20 prove, the following: a report that describes a strategic 

21 plan for VistA Evolution, or any successor program, 

22 and the associated implementation plan including 

23 metrics and timelines; a master schedule and lifecycle 

24 cost estimate for VistA Evolution or any successor; 

25 and an implementation plan for the transition from 
38 

† HR 5325 EAS 

1 the Project Management Accountability System to a 

2 new project delivery framework, the Veteran-focused 

3 Integration Process, that includes the methodology by 

4 which projects will be tracked, progress measured, and 

5 deliverables evaluated; 

6 (3) submits to the Committees on Appropriations 

7 of both Houses of Congress a report outlining the stra8 tegic plan to reach interoperability with private sec9 tor healthcare providers, the timeline for reaching 

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

11 Coordinator for Health Information Technology for 

12 each data domain covered under the VistA Evolution 

13 program, and the extent to which the Department of 

14 Veterans Affairs leverages the State Health Informa15 tion Exchanges to share health data with private sec16 tor providers; 

17 (4) submits to the Committees on Appropriations 

18 of both Houses of Congress, and such Committees ap19 prove, the following: a report that describes the extent 

20 to which VistA Evolution, or any successor program, 

21 maximizes the use of commercially available software 

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

23 architecture that leverages best practices and rapidly 

24 adapts to technologies produced by the private sector, 

25 enhances full interoperability between the VA and 
39 

† HR 5325 EAS 

1 DoD and between VA and the private sector, and en2 sures the security of personally identifiable informa3 tion of veterans and beneficiaries; and 

4 (5) certifies in writing to the Committees on Ap5 propriations of both Houses of Congress that the De6 partment of Veterans Affairs has met the require7 ments contained in the National Defense Authoriza8 tion Act of Fiscal Year 2014 (Public Law 113–66) 

9 which require that electronic health record systems of 

10 the Department of Defense and the Department of 

11 Veterans Affairs have reached interoperability, com12 ply with national standards and architectural re13 quirements identified by the DoD/VA Interagency 

14 Program Office in collaboration with the Office of Na15 tional Coordinator for Health Information Tech16 nology: 

17 Provided further, That the funds made available under this 

18 heading for information technology systems development, 

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

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

21 joint explanatory statement accompanying this Act. 

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector Gen24 eral, to include information technology, in carrying out the 

25 provisions of the Inspector General Act of 1978 (5 U.S.C. 
40 

† HR 5325 EAS 

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

2 remain available until September 30, 2018. 

3 CONSTRUCTION, MAJOR PROJECTS

4 For constructing, altering, extending, and improving 

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

6 jurisdiction or for the use of the Department of Veterans 

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

8 2404, 2406 and chapter 81 of title 38, United States Code, 

9 not otherwise provided for, including planning, architec10 tural and engineering services, construction management 

11 services, maintenance or guarantee period services costs as12 sociated with equipment guarantees provided under the 

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

14 drainage system construction costs, and site acquisition, 

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

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

17 States Code, or where funds for a project were made avail18 able in a previous major project appropriation, 

19 $528,110,000, of which $478,110,000 shall remain available 

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

21 remain available until expended: Provided, That except for 

22 advance planning activities, including needs assessments 

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

24 other capital asset management related activities, including 

25 portfolio development and management activities, and in-
41 

† HR 5325 EAS 

1 vestment strategy studies funded through the advance plan2 ning fund and the planning and design activities funded 

3 through the design fund, including needs assessments which 

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

5 and associated costs of the resident engineers who oversee 

6 those capital investments funded through this account and 

7 contracting officers who manage specific major construction 

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

9 maintenance of land for the National Cemetery Administra10 tion through the land acquisition line item, none of the 

11 funds made available under this heading shall be used for 

12 any project that has not been notified to Congress through 

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

14 Congress through statute, joint resolution, or in the explan15 atory statement accompanying such Act and presented to 

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

17 That funds made available under this heading for fiscal 

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

19 by the awarding of a construction documents contract by 

20 September 30, 2017; and (2) by the awarding of a construc21 tion contract by September 30, 2018: Provided further, That 

22 the Secretary of Veterans Affairs shall promptly submit to 

23 the Committees on Appropriations of both Houses of Con24 gress a written report on any approved major construction 

25 project for which obligations are not incurred within the 
42 

† HR 5325 EAS 

1 time limitations established above: Provided further, That, 

2 of the amount made available under this heading, 

3 $222,620,000 for Veterans Health Administration major 

4 construction projects shall not be available until the Depart5 ment of Veterans Affairs— 

6 (1) enters into an agreement with an appro7 priate non-Department of Veterans Affairs Federal 

8 entity to serve as the design and/or construction agent 

9 for any Veterans Health Administration major con10 struction project with a Total Estimated Cost of 

11 $100,000,000 or above by providing full project man12 agement services, including management of the project 

13 design, acquisition, construction, and contract 

14 changes, consistent with section 502 of Public Law 

15 114–58; and 

16 (2) certifies in writing that such an agreement 

17 is executed and intended to minimize or prevent sub18 sequent major construction project cost overruns and 

19 provides a copy of the agreement entered into and 

20 any required supplementary information to the Com21 mittees on Appropriations of both Houses of Congress. 

22 CONSTRUCTION, MINOR PROJECTS

23 For constructing, altering, extending, and improving 

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

25 jurisdiction or for the use of the Department of Veterans 
43 

† HR 5325 EAS 

1 Affairs, including planning and assessments of needs which 

2 may lead to capital investments, architectural and engi3 neering services, maintenance or guarantee period services 

4 costs associated with equipment guarantees provided under 

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

6 storm drainage system construction costs, and site acquisi7 tion, or for any of the purposes set forth in sections 316, 

8 2404, 2406 and chapter 81 of title 38, United States Code, 

9 not otherwise provided for, where the estimated cost of a 

10 project is equal to or less than the amount set forth in sec11 tion 8104(a)(3)(A) of title 38, United States Code, 

12 $372,069,000, to remain available until September 30, 

13 2021, along with unobligated balances of previous ‘‘Con14 struction, Minor Projects’’ appropriations which are hereby 

15 made available for any project where the estimated cost is 

16 equal to or less than the amount set forth in such section: 

17 Provided, That funds made available under this heading 

18 shall be for: (1) repairs to any of the nonmedical facilities 

19 under the jurisdiction or for the use of the Department 

20 which are necessary because of loss or damage caused by 

21 any natural disaster or catastrophe; and (2) temporary 

22 measures necessary to prevent or to minimize further loss 

23 by such causes. 
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† HR 5325 EAS 

1 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

2 FACILITIES

3 For grants to assist States to acquire or construct 

4 State nursing home and domiciliary facilities and to re5 model, modify, or alter existing hospital, nursing home, and 

6 domiciliary facilities in State homes, for furnishing care 

7 to veterans as authorized by sections 8131 through 8137 of 

8 title 38, United States Code, $90,000,000, to remain avail9 able until expended. 

10 GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

11 For grants to assist States and tribal organizations 

12 in establishing, expanding, or improving veterans ceme13 teries as authorized by section 2408 of title 38, United 

14 States Code, $45,000,000, to remain available until ex15 pended. 

16 ADMINISTRATIVE PROVISIONS

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 201. Any appropriation for fiscal year 2017 for 

19 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, 

20 and ‘‘Veterans Insurance and Indemnities’’ may be trans21 ferred as necessary to any other of the mentioned appro22 priations: Provided, That, before a transfer may take place, 

23 the Secretary of Veterans Affairs shall request from the 

24 Committees on Appropriations of both Houses of Congress 

25 the authority to make the transfer and such Committees 
45 

† HR 5325 EAS 

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

2 has elapsed. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 202. Amounts made available for the Department 

5 of Veterans Affairs for fiscal year 2017, in this or any other 

6 Act, under the ‘‘Medical Services’’, ‘‘Medical Community 

7 Care’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical 

8 Facilities’’ accounts may be transferred among the ac9 counts: Provided, That any transfers among the ‘‘Medical 

10 Services’’, ‘‘Medical Community Care’’, and ‘‘Medical Sup11 port and Compliance’’ accounts of 1 percent or less of the 

12 total amount appropriated to the account in this or any 

13 other Act may take place subject to notification from the 

14 Secretary of Veterans Affairs to the Committees on Appro15 priations of both Houses of Congress of the amount and 

16 purpose of the transfer: Provided further, That any trans17 fers among the ‘‘Medical Services’’, ‘‘Medical Community 

18 Care’’, and ‘‘Medical Support and Compliance’’ accounts 

19 in excess of 1 percent, or exceeding the cumulative 1 percent 

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

21 requests from the Committees on Appropriations of both 

22 Houses of Congress the authority to make the transfer and 

23 an approval is issued: Provided further, That any transfers 

24 to or from the ‘‘Medical Facilities’’ account may take place 

25 only after the Secretary requests from the Committees on 
46 

† HR 5325 EAS 

1 Appropriations of both Houses of Congress the authority to 

2 make the transfer and an approval is issued. 

3 SEC. 203. Appropriations available in this title for sal4 aries and expenses shall be available for services authorized 

5 by section 3109 of title 5, United States Code; hire of pas6 senger motor vehicles; lease of a facility or land or both; 

7 and uniforms or allowances therefore, as authorized by sec8 tions 5901 through 5902 of title 5, United States Code. 

9 SEC. 204. No appropriations in this title (except the 

10 appropriations for ‘‘Construction, Major Projects’’, and 

11 ‘‘Construction, Minor Projects’’) shall be available for the 

12 purchase of any site for or toward the construction of any 

13 new hospital or home. 

14 SEC. 205. No appropriations in this title shall be 

15 available for hospitalization or examination of any persons 

16 (except beneficiaries entitled to such hospitalization or ex17 amination under the laws providing such benefits to vet18 erans, and persons receiving such treatment under sections 

19 7901 through 7904 of title 5, United States Code, or the 

20 Robert T. Stafford Disaster Relief and Emergency Assist21 ance Act (42 U.S.C. 5121 et seq.)), unless reimbursement 

22 of the cost of such hospitalization or examination is made 

23 to the ‘‘Medical Services’’ account at such rates as may be 

24 fixed by the Secretary of Veterans Affairs. 
47 

† HR 5325 EAS 

1 SEC. 206. Appropriations available in this title for 

2 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, 

3 and ‘‘Veterans Insurance and Indemnities’’ shall be avail4 able for payment of prior year accrued obligations required 

5 to be recorded by law against the corresponding prior year 

6 accounts within the last quarter of fiscal year 2016. 

7 SEC. 207. Appropriations available in this title shall 

8 be available to pay prior year obligations of corresponding 

9 prior year appropriations accounts resulting from sections 

10 3328(a), 3334, and 3712(a) of title 31, United States Code, 

11 except that if such obligations are from trust fund accounts 

12 they shall be payable only from ‘‘Compensation and Pen13 sions’’. 

14 (INCLUDING TRANSFER OF FUNDS)

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

16 during fiscal year 2017, the Secretary of Veterans Affairs 

17 shall, from the National Service Life Insurance Fund under 

18 section 1920 of title 38, United States Code, the Veterans’ 

19 Special Life Insurance Fund under section 1923 of title 38, 

20 United States Code, and the United States Government Life 

21 Insurance Fund under section 1955 of title 38, United 

22 States Code, reimburse the ‘‘General Operating Expenses, 

23 Veterans Benefits Administration’’ and ‘‘Information Tech24 nology Systems’’ accounts for the cost of administration of 

25 the insurance programs financed through those accounts: 
48 

† HR 5325 EAS 

1 Provided, That reimbursement shall be made only from the 

2 surplus earnings accumulated in such an insurance pro3 gram during fiscal year 2017 that are available for divi4 dends in that program after claims have been paid and ac5 tuarially determined reserves have been set aside: Provided 

6 further, That if the cost of administration of such an insur7 ance program exceeds the amount of surplus earnings accu8 mulated in that program, reimbursement shall be made 

9 only to the extent of such surplus earnings: Provided fur10 ther, That the Secretary shall determine the cost of adminis11 tration for fiscal year 2017 which is properly allocable to 

12 the provision of each such insurance program and to the 

13 provision of any total disability income insurance included 

14 in that insurance program. 

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

16 proceeds to reimburse an account for expenses incurred by 

17 that account during a prior fiscal year for providing en18 hanced-use lease services, may be obligated during the fiscal 

19 year in which the proceeds are received. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 210. Funds available in this title or funds for 

22 salaries and other administrative expenses shall also be 

23 available to reimburse the Office of Resolution Management 

24 of the Department of Veterans Affairs and the Office of Em25 ployment Discrimination Complaint Adjudication under 
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1 section 319 of title 38, United States Code, for all services 

2 provided at rates which will recover actual costs but not 

3 to exceed $47,668,000 for the Office of Resolution Manage4 ment and $3,932,000 for the Office of Employment Dis5 crimination Complaint Adjudication: Provided, That pay6 ments may be made in advance for services to be furnished 

7 based on estimated costs: Provided further, That amounts 

8 received shall be credited to the ‘‘General Administration’’ 

9 and ‘‘Information Technology Systems’’ accounts for use by 

10 the office that provided the service. 

11 SEC. 211. No funds of the Department of Veterans Af12 fairs shall be available for hospital care, nursing home care, 

13 or medical services provided to any person under chapter 

14 17 of title 38, United States Code, for a non-service-con15 nected disability described in section 1729(a)(2) of such 

16 title, unless that person has disclosed to the Secretary of 

17 Veterans Affairs, in such form as the Secretary may require, 

18 current, accurate third-party reimbursement information 

19 for purposes of section 1729 of such title: Provided, That 

20 the Secretary may recover, in the same manner as any other 

21 debt due the United States, the reasonable charges for such 

22 care or services from any person who does not make such 

23 disclosure as required: Provided further, That any amounts 

24 so recovered for care or services provided in a prior fiscal 
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1 year may be obligated by the Secretary during the fiscal 

2 year in which amounts are received. 

3 (INCLUDING TRANSFER OF FUNDS)

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

5 proceeds or revenues derived from enhanced-use leasing ac6 tivities (including disposal) may be deposited into the 

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

8 Projects’’ accounts and be used for construction (including 

9 site acquisition and disposition), alterations, and improve10 ments of any medical facility under the jurisdiction or for 

11 the use of the Department of Veterans Affairs. Such sums 

12 as realized are in addition to the amount provided for in 

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

14 Projects’’. 

15 SEC. 213. Amounts made available under ‘‘Medical 

16 Services’’ are available— 

17 (1) for furnishing recreational facilities, sup18 plies, and equipment; and 

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

20 other expenses incidental to funerals and burials for 

21 beneficiaries receiving care in the Department. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 214. Such sums as may be deposited to the Med24 ical Care Collections Fund pursuant to section 1729A of 

25 title 38, United States Code, may be transferred to the 
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1 ‘‘Medical Services’’ and ‘‘Medical Community Care’’ ac2 counts to remain available until expended for the purposes 

3 of these accounts. 

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

5 into agreements with Federally Qualified Health Centers in 

6 the State of Alaska and Indian tribes and tribal organiza7 tions which are party to the Alaska Native Health Compact 

8 with the Indian Health Service, to provide healthcare, in9 cluding behavioral health and dental care, to veterans in 

10 rural Alaska. The Secretary shall require participating vet11 erans and facilities to comply with all appropriate rules 

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

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

14 the boundaries of the municipality of Anchorage or the 

15 Fairbanks North Star Borough. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 216. Such sums as may be deposited to the De18 partment of Veterans Affairs Capital Asset Fund pursuant 

19 to section 8118 of title 38, United States Code, may be 

20 transferred to the ‘‘Construction, Major Projects’’ and ‘‘Con21 struction, Minor Projects’’ accounts, to remain available 

22 until expended for the purposes of these accounts. 

23 (RESCISSION OF FUNDS)

24 SEC. 217. Of the amounts appropriated in title II of 

25 division J of Public Law 114–113 under the heading ‘‘Med-
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1 ical Services’’ which become available on October 1, 2016, 

2 $7,246,181,000 are hereby rescinded. 

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

4 fiscal quarter, the Secretary of Veterans Affairs shall submit 

5 to the Committees on Appropriations of both Houses of Con6 gress a report on the financial status of the Department 

7 of Veterans Affairs for the preceding quarter: Provided, 

8 That, at a minimum, the report shall include the direction 

9 contained in the paragraph entitled ‘‘Quarterly reporting’’, 

10 under the heading ‘‘General Administration’’ in the joint 

11 explanatory statement accompanying this Act. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 219. Amounts made available under the ‘‘Medical 

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

15 and Compliance’’, ‘‘Medical Facilities’’, ‘‘General Oper16 ating Expenses, Veterans Benefits Administration’’, ‘‘Gen17 eral Administration’’, and ‘‘National Cemetery Adminis18 tration’’ accounts for fiscal year 2017 may be transferred 

19 to or from the ‘‘Information Technology Systems’’ account: 

20 Provided, That such transfers may not result in a more 

21 than 10 percent aggregate increase in the total amount 

22 made available by this Act for the ‘‘Information Technology 

23 Systems’’ account: Provided further, That, before a transfer 

24 may take place, the Secretary of Veterans Affairs shall re25 quest from the Committees on Appropriations of both 
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1 Houses of Congress the authority to make the transfer and 

2 an approval is issued. 

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

4 made available by this Act or any other Act for the Depart5 ment of Veterans Affairs may be used in a manner that 

6 is inconsistent with: (1) section 842 of the Transportation, 

7 Treasury, Housing and Urban Development, the Judiciary, 

8 the District of Columbia, and Independent Agencies Appro9 priations Act, 2006 (Public Law 109–115; 119 Stat. 2506); 

10 or (2) section 8110(a)(5) of title 38, United States Code. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 221. Of the amounts appropriated to the Depart13 ment of Veterans Affairs for fiscal year 2017 for ‘‘Medical 

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

15 and Compliance’’, ‘‘Medical Facilities’’, ‘‘Construction, 

16 Minor Projects’’, and ‘‘Information Technology Systems’’, 

17 up to $274,731,000, plus reimbursements, may be trans18 ferred to the Joint Department of Defense-Department of 

19 Veterans Affairs Medical Facility Demonstration Fund, es20 tablished by section 1704 of the National Defense Authoriza21 tion Act for Fiscal Year 2010 (Public Law 111–84; 123 

22 Stat. 3571) and may be used for operation of the facilities 

23 designated as combined Federal medical facilities as de24 scribed by section 706 of the Duncan Hunter National De25 fense Authorization Act for Fiscal Year 2009 (Public Law 
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1 110–417; 122 Stat. 4500): Provided, That additional funds 

2 may be transferred from accounts designated in this section 

3 to the Joint Department of Defense-Department of Veterans 

4 Affairs Medical Facility Demonstration Fund upon written 

5 notification by the Secretary of Veterans Affairs to the Com6 mittees on Appropriations of both Houses of Congress: Pro7 vided further, That section 223 of title II of division J of 

8 Public Law 114–113 is repealed. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 222. Of the amounts appropriated to the Depart11 ment of Veterans Affairs which become available on October 

12 1, 2017, for ‘‘Medical Services’’, ‘‘Medical Community 

13 Care’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical 

14 Facilities’’, up to $280,802,000, plus reimbursements, may 

15 be transferred to the Joint Department of Defense-Depart16 ment of Veterans Affairs Medical Facility Demonstration 

17 Fund, established by section 1704 of the National Defense 

18 Authorization Act for Fiscal Year 2010 (Public Law 111– 

19 84; 123 Stat. 3571) and may be used for operation of the 

20 facilities designated as combined Federal medical facilities 

21 as described by section 706 of the Duncan Hunter National 

22 Defense Authorization Act for Fiscal Year 2009 (Public 

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

24 funds may be transferred from accounts designated in this 

25 section to the Joint Department of Defense-Department of 
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1 Veterans Affairs Medical Facility Demonstration Fund 

2 upon written notification by the Secretary of Veterans Af3 fairs to the Committees on Appropriations of both Houses 

4 of Congress. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 223. Such sums as may be deposited to the Med7 ical Care Collections Fund pursuant to section 1729A of 

8 title 38, United States Code, for healthcare provided at fa9 cilities designated as combined Federal medical facilities as 

10 described by section 706 of the Duncan Hunter National 

11 Defense Authorization Act for Fiscal Year 2009 (Public 

12 Law 110–417; 122 Stat. 4500) shall also be available: (1) 

13 for transfer to the Joint Department of Defense-Department 

14 of Veterans Affairs Medical Facility Demonstration Fund, 

15 established by section 1704 of the National Defense Author16 ization Act for Fiscal Year 2010 (Public Law 111–84; 123 

17 Stat. 3571); and (2) for operations of the facilities des18 ignated as combined Federal medical facilities as described 

19 by section 706 of the Duncan Hunter National Defense Au20 thorization Act for Fiscal Year 2009 (Public Law 110–417; 

21 122 Stat. 4500). 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 224. Of the amounts available in this title for 

24 ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical 

25 Support and Compliance’’, and ‘‘Medical Facilities’’, a 
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1 minimum of $15,000,000 shall be transferred to the DOD– 

2 VA Health Care Sharing Incentive Fund, as authorized by 

3 section 8111(d) of title 38, United States Code, to remain 

4 available until expended, for any purpose authorized by sec5 tion 8111 of title 38, United States Code. 

6 SEC. 225. None of the funds available to the Depart7 ment of Veterans Affairs, in this or any other Act, may 

8 be used to replace the current system by which the Veterans 

9 Integrated Service Networks select and contract for diabetes 

10 monitoring supplies and equipment. 

11 SEC. 226. The Secretary of Veterans Affairs shall no12 tify the Committees on Appropriations of both Houses of 

13 Congress of all bid savings in a major construction project 

14 that total at least $5,000,000, or 5 percent of the pro15 grammed amount of the project, whichever is less: Provided, 

16 That such notification shall occur within 14 days of a con17 tract identifying the programmed amount: Provided fur18 ther, That the Secretary shall notify the Committees on Ap19 propriations of both Houses of Congress 14 days prior to 

20 the obligation of such bid savings and shall describe the an21 ticipated use of such savings. 

22 SEC. 227. None of the funds made available for ‘‘Con23 struction, Major Projects’’ may be used for a project in ex24 cess of the scope specified for that project in the original 

25 justification data provided to the Congress as part of the 
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1 request for appropriations unless the Secretary of Veterans 

2 Affairs receives approval from the Committees on Appro3 priations of both Houses of Congress. 

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

5 fiscal quarter, the Secretary of Veterans Affairs shall submit 

6 to the Committees on Appropriations of both Houses of Con7 gress a quarterly report containing performance measures 

8 and data from each Veterans Benefits Administration Re9 gional Office: Provided, That, at a minimum, the report 

10 shall include the direction contained in the section entitled 

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

12 Operating Expenses, Veterans Benefits Administration’’ in 

13 the joint explanatory statement accompanying this Act. 

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

15 Veterans Affairs for fiscal year 2017 for ‘‘Medical Support 

16 and Compliance’’ a maximum of $40,000,000 may be obli17 gated from the ‘‘Medical Support and Compliance’’ account 

18 for the VistA Evolution and electronic health record inter19 operability projects: Provided, That funds in addition to 

20 these amounts may be obligated for the VistA Evolution and 

21 electronic health record interoperability projects upon writ22 ten notification by the Secretary of Veterans Affairs to the 

23 Committees on Appropriations of both Houses of Congress. 

24 SEC. 230. The Secretary of Veterans Affairs shall pro25 vide written notification to the Committees on Appropria-
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1 tions of both Houses of Congress 15 days prior to organiza2 tional changes which result in the transfer of 25 or more 

3 full-time equivalents from one organizational unit of the 

4 Department of Veterans Affairs to another. 

5 SEC. 231. The Secretary of Veterans Affairs shall pro6 vide on a quarterly basis to the Committees on Appropria7 tions of both Houses of Congress notification of any single 

8 national outreach and awareness marketing campaign in 

9 which obligations exceed $2,000,000. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 232. The Secretary of Veterans Affairs, upon de12 termination that such action is necessary to address needs 

13 of the Veterans Health Administration, may transfer to the 

14 ‘‘Medical Services’’ account any discretionary appropria15 tions made available for fiscal year 2017 in this title (except 

16 appropriations made to the ‘‘General Operating Expenses, 

17 Veterans Benefits Administration’’ account) or any discre18 tionary unobligated balances within the Department of Vet19 erans Affairs, including those appropriated for fiscal year 

20 2017, that were provided in advance by appropriations 

21 Acts: Provided, That transfers shall be made only with the 

22 approval of the Office of Management and Budget: Provided 

23 further, That the transfer authority provided in this section 

24 is in addition to any other transfer authority provided by 

25 law: Provided further, That no amounts may be transferred 
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1 from amounts that were designated by Congress as an emer2 gency requirement pursuant to a concurrent resolution on 

3 the budget or the Balanced Budget and Emergency Deficit 

4 Control Act of 1985: Provided further, That such authority 

5 to transfer may not be used unless for higher priority items, 

6 based on emergent healthcare requirements, than those for 

7 which originally appropriated and in no case where the 

8 item for which funds are requested has been denied by Con9 gress: Provided further, That, upon determination that all 

10 or part of the funds transferred from an appropriation are 

11 not necessary, such amounts may be transferred back to that 

12 appropriation and shall be available for the same purposes 

13 as originally appropriated: Provided further, That before 

14 a transfer may take place, the Secretary of Veterans Affairs 

15 shall request from the Committees on Appropriations of 

16 both Houses of Congress the authority to make the transfer 

17 and receive approval of that request. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 233. Amounts made available for the Department 

20 of Veterans Affairs for fiscal year 2017, under the ‘‘Board 

21 of Veterans Appeals’’ and the ‘‘General Operating Expenses, 

22 Veterans Benefits Administration’’ accounts may be trans23 ferred between such accounts: Provided, That before a trans24 fer may take place, the Secretary of Veterans Affairs shall 

25 request from the Committees on Appropriations of both 
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1 Houses of Congress the authority to make the transfer and 

2 receive approval of that request. 

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

4 reprogram funds among major construction projects or pro5 grams if such instance of reprogramming will exceed 

6 $5,000,000, unless such reprogramming is approved by the 

7 Committees on Appropriations of both Houses of Congress. 

8 (RESCISSION OF FUNDS)

9 SEC. 235. Of the unobligated balances available within 

10 the ‘‘DOD–VA Health Care Sharing Incentive Fund’’, 

11 $40,000,000 are hereby rescinded. 

12 (RESCISSIONS OF FUNDS)

13 SEC. 236. Of the discretionary funds made available 

14 in Public Law 114–113 for the Department of Veterans Af15 fairs for fiscal year 2017, $134,000,000 are rescinded from 

16 ‘‘Medical Services’’, $26,000,000 are rescinded from ‘‘Med17 ical Support and Compliance’’, and $9,000,000 are re18 scinded from ‘‘Medical Facilities’’. 

19 SEC. 237. The amounts otherwise made available by 

20 this Act for the following accounts of the Department of Vet21 erans Affairs are hereby reduced by the following amounts: 

22 (1) ‘‘Veterans Health Administration—Medical 

23 and Prosthetic Research’’, $2,000,000. 

24 (2) ‘‘Departmental Administration—Board of 

25 Veterans Appeals’’, $500,000. 
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1 (3) ‘‘Veterans Benefits Administration—General 

2 Operating Expenses, Veterans Benefits Administra3 tion’’, $12,000,000. 

4 (4) ‘‘Departmental Administration—Informa5 tion Technology Systems’’, $8,000,000. 

6 (5) ‘‘Departmental Administration—Office of 

7 Inspector General’’, $500,000. 

8 SEC. 238. The Secretary of Veterans Affairs shall en9 sure that the toll-free suicide hotline under section 1720F(h) 

10 of title 38, United States Code— 

11 (1) provides to individuals who contact the hot12 line immediate assistance from a trained professional; 

13 and 

14 (2) adheres to all requirements of the American 

15 Association of Suicidology. 

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

17 treat a marriage and family therapist described in sub18 section (b) as qualified to serve as a marriage and family 

19 therapist in the Department of Veterans Affairs, regardless 

20 of any requirements established by the Commission on Ac21 creditation for Marriage and Family Therapy Education. 

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

23 subsection is a therapist who meets each of the following 

24 criteria: 
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1 (1) Has a masters or higher degree in marriage 

2 and family therapy, or a related field, from a region3 ally accredited institution. 

4 (2) Is licensed as a marriage and family thera5 pist in a State (as defined in section 101(20) of title 

6 38, United States Code) and possesses the highest level 

7 of licensure offered from the State. 

8 (3) Has passed the Association of Marital and 

9 Family Therapy Regulatory Board Examination in 

10 Marital and Family Therapy or a related examina11 tion for licensure administered by a State (as so de12 fined). 

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

14 may be used to close Department of Veterans Affairs (VA) 

15 hospitals, domiciliaries, or clinics, conduct an environ16 mental assessment, or to diminish healthcare services at ex17 isting Veterans Health Administration medical facilities lo18 cated in Veterans Integrated Service Network 23 as part 

19 of a planned realignment of VA services until the Secretary 

20 provides to the Committees on Appropriations of both 

21 Houses of Congress a report including the following ele22 ments: 

23 (1) a national realignment strategy that includes 

24 a detailed description of realignment plans within 

25 each Veterans Integrated Service Network (VISN), in-
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1 cluding an updated Long Range Capital Plan to im2 plement realignment requirements; 

3 (2) an explanation of the process by which those 

4 plans were developed and coordinated within each 

5 VISN; 

6 (3) a cost vs. benefit analysis of each planned re7 alignment, including the cost of replacing Veterans 

8 Health Administration services with contract care or 

9 other outsourced services; 

10 (4) an analysis of how any such planned re11 alignment of services will impact access to care for 

12 veterans living in rural or highly rural areas, includ13 ing travel distances and transportation costs to access 

14 a VA medical facility and availability of local spe15 cialty and primary care; 

16 (5) an inventory of VA buildings with historic 

17 designation and the methodology used to determine 

18 the buildings’ condition and utilization; 

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

20 consistent with requirements under the National His21 toric Preservation Act; and 

22 (7) consideration given for reuse of historic 

23 buildings within newly identified realignment re24 quirements: Provided, That, this provision shall not 

25 apply to capital projects in VISN 23, or any other 
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1 VISN, which have been authorized or approved by 

2 Congress. 

3 SEC. 241. None of the funds appropriated in this or 

4 prior appropriations Acts or otherwise made available to 

5 the Department of Veterans Affairs may be used to transfer 

6 any amounts from the Filipino Veterans Equity Compensa7 tion Fund to any other account within the Department of 

8 Veterans Affairs. 

9 SEC. 242. Paragraph (3) of section 403(a) of the Vet10 erans’ Mental Health and Other Care Improvements Act of 

11 2008 (Public Law 110–387; 38 U.S.C. 1703 note) is amend12 ed to read as follows: 

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

14 services under this section during the period begin15 ning on the date specified in paragraph (2) and end16 ing on September 30, 2017.’’. 

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

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

19 new paragraph: 

20 ‘‘(4) Paragraph (1) does not apply to opioid an21 tagonists furnished under this chapter to a veteran 

22 who is at high risk for overdose of a specific medica23 tion or substance in order to reverse the effect of such 

24 an overdose.’’. 

25 (b) Section 1710(g)(3) of such title is amended— 
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1 (1) by striking ‘‘with respect to home health serv2 ices’’ and inserting ‘‘with respect to the following:’’ 

3 ‘‘(A) Home health services’’; and 

4 (2) by adding at the end the following new sub5 paragraph: 

6 ‘‘(B) Education on the use of opioid antago7 nists to reverse the effects of overdoses of specific 

8 medications or substances.’’. 

9 SEC. 244. Section 312 of title 38, United States Code, 

10 is amended in subsection (c)(1) by striking the phrase ‘‘that 

11 makes a recommendation or otherwise suggests corrective 

12 action,’’. 

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

14 Veterans Affairs for each of fiscal year 2017 and fiscal year 

15 2018 for ‘‘Medical Services’’, funds may be used in each 

16 year to carry out and expand the child care program au17 thorized by section 205 of Public Law 111–163, notwith18 standing subsection (e) of such section. 

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

20 Code, is amended by striking ‘‘may’’ and inserting ‘‘shall’’. 

21 VA PATIENT PROTECTION ACT OF 2016 

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

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

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

25 subchapter: 
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1 ‘‘SUBCHAPTER II—WHISTLEBLOWER 

2 COMPLAINTS 

3 ‘‘§ 731. Whistleblower complaint defined 

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

5 means a complaint by an employee of the Department dis6 closing, or assisting another employee to disclose, a poten7 tial violation of any law, rule, or regulation, or gross mis8 management, gross waste of funds, abuse of authority, or 

9 substantial and specific danger to public health and safety. 

10 ‘‘§ 732. Treatment of whistleblower complaints 

11 ‘‘(a) FILING.—(1) In addition to any other method es12 tablished by law in which an employee may file a whistle13 blower complaint, an employee of the Department may file 

14 a whistleblower complaint in accordance with subsection (g) 

15 with a supervisor of the employee. 

16 ‘‘(2) Except as provided by subsection (d)(1), in mak17 ing a whistleblower complaint under paragraph (1), an em18 ployee shall file the initial complaint with the immediate 

19 supervisor of the employee. 

20 ‘‘(b) NOTIFICATION.—(1)(A) Not later than four busi21 ness days after the date on which a supervisor receives a 

22 whistleblower complaint by an employee under this section, 

23 the supervisor shall notify, in writing, the employee of 

24 whether the supervisor determines that there is a reasonable 

25 likelihood that the complaint discloses a violation of any 
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1 law, rule, or regulation, or gross mismanagement, gross 

2 waste of funds, abuse of authority, or substantial and spe3 cific danger to public health and safety. 

4 ‘‘(B) The supervisor shall retain written documenta5 tion regarding the whistleblower complaint and shall sub6 mit to the next-level supervisor and the central whistle7 blower office described in subsection (h) a written report 

8 on the complaint. 

9 ‘‘(2)(A) On a monthly basis, the supervisor shall sub10 mit to the appropriate director or other official who is supe11 rior to the supervisor a written report that includes the 

12 number of whistleblower complaints received by the super13 visor under this section during the month covered by the 

14 report, the disposition of such complaints, and any actions 

15 taken because of such complaints pursuant to subsection (c). 

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

17 carries out this paragraph, the director or official shall sub18 mit such monthly report to the supervisor of the director 

19 or official and to the central whistleblower office described 

20 in subsection (h). 

21 ‘‘(c) POSITIVE DETERMINATION.—If a supervisor 

22 makes a positive determination under subsection (b)(1) re23 garding a whistleblower complaint of an employee, the su24 pervisor shall include in the notification to the employee 
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1 under such subsection the specific actions that the super2 visor will take to address the complaint. 

3 ‘‘(d) FILING COMPLAINT WITH NEXT-LEVEL SUPER4 VISORS.—(1) If any circumstance described in paragraph 

5 (3) is met, an employee may file a whistleblower complaint 

6 in accordance with subsection (g) with the next-level super7 visor who shall treat such complaint in accordance with 

8 this section. 

9 ‘‘(2) An employee may file a whistleblower complaint 

10 with the Secretary if the employee has filed the whistle11 blower complaint to each level of supervisors between the 

12 employee and the Secretary in accordance with paragraph 

13 (1). 

14 ‘‘(3) A circumstance described in this paragraph is 

15 any of the following circumstances: 

16 ‘‘(A) A supervisor does not make a timely deter17 mination under subsection (b)(1) regarding a whistle18 blower complaint. 

19 ‘‘(B) The employee who made a whistleblower 

20 complaint determines that the supervisor did not ade21 quately address the complaint pursuant to subsection 

22 (c). 

23 ‘‘(C) The immediate supervisor of the employee 

24 is the basis of the whistleblower complaint. 
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1 ‘‘(e) TRANSFER OF EMPLOYEE WHO FILES WHISTLE2 BLOWER COMPLAINT.—If a supervisor makes a positive de3 termination under subsection (b)(1) regarding a whistle4 blower complaint filed by an employee, the Secretary 

5 shall— 

6 ‘‘(1) inform the employee of the ability to volun7 teer for a transfer in accordance with section 3352 of 

8 title 5; and 

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

10 transfer in accordance with such section. 

11 ‘‘(f) PROHIBITION ON EXEMPTION.—The Secretary 

12 may not exempt any employee of the Department from 

13 being covered by this section. 

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

15 whistleblower complaint filed by an employee under sub16 section (a) or (d) shall consist of the form described in para17 graph (2) and any supporting materials or documentation 

18 the employee determines necessary. 

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

20 developed by the Secretary, in consultation with the Special 

21 Counsel, that includes the following: 

22 ‘‘(A) An explanation of the purpose of the whis23 tleblower complaint form. 

24 ‘‘(B) Instructions for filing a whistleblower com25 plaint as described in this section. 
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1 ‘‘(C) An explanation that filing a whistleblower 

2 complaint under this section does not preclude the 

3 employee from any other method established by law in 

4 which an employee may file a whistleblower com5 plaint. 

6 ‘‘(D) A statement directing the employee to in7 formation accessible on the Internet website of the De8 partment as described in section 735(d). 

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

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

11 ‘‘(ii) the name of the employee; 

12 ‘‘(iii) the contact information of the em13 ployee; 

14 ‘‘(iv) a summary of the whistleblower com15 plaint (including the option to append sup16 porting documents pursuant to paragraph (1)); 

17 and 

18 ‘‘(v) proposed solutions to the complaint. 

19 ‘‘(F) Any other information or fields that the 

20 Secretary determines appropriate. 

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

22 Counsel, shall develop the form described in paragraph (2) 

23 by not later than 60 days after the date of the enactment 

24 of this section. 
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1 ‘‘(h) CENTRAL WHISTLEBLOWER OFFICE.—(1) The 

2 Secretary shall ensure that the central whistleblower of3 fice— 

4 ‘‘(A) is not an element of the Office of the Gen5 eral Counsel; 

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

7 the General Counsel; 

8 ‘‘(C) does not provide, or receive from, the Gen9 eral Counsel any information regarding a whistle10 blower complaint except pursuant to an action re11 garding the complaint before an administrative body 

12 or court; and 

13 ‘‘(D) does not provide advice to the General 

14 Counsel. 

15 ‘‘(2) The central whistleblower office shall be respon16 sible for investigating all whistleblower complaints of the 

17 Department, regardless of whether such complaints are 

18 made by or against an employee who is not a member of 

19 the Senior Executive Service. 

20 ‘‘(3) The Secretary shall ensure that the central whis21 tleblower office maintains a toll-free hotline to anonymously 

22 receive whistleblower complaints. 

23 ‘‘(4) The Secretary shall ensure that the central whis24 tleblower office has such staff and resources as the Secretary 
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1 considers necessary to carry out the functions of the central 

2 whistleblower office. 

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

4 office’ means the Office of Accountability Review or a suc5 cessor office that is established or designated by the Sec6 retary to investigate whistleblower complaints filed under 

7 this section or any other method established by law. 

8 ‘‘§ 733. Adverse actions against supervisory employees 

9 who commit prohibited personnel actions 

10 relating to whistleblower complaints 

11 ‘‘(a) IN GENERAL.—(1) In accordance with paragraph 

12 (2), the Secretary shall carry out the following adverse ac13 tions against supervisory employees (as defined in section 

14 7103(a) of title 5) whom the Secretary, an administrative 

15 judge, the Merit Systems Protection Board, the Office of 

16 Special Counsel, an adjudicating body provided under a 

17 union contract, a Federal judge, or the Inspector General 

18 of the Department determines committed a prohibited per19 sonnel action described in subsection (c): 

20 ‘‘(A) With respect to the first offense, an adverse 

21 action that is not less than a 12-day suspension and 

22 not more than removal. 

23 ‘‘(B) With respect to the second offense, removal. 
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1 ‘‘(2)(A) An employee against whom an adverse action 

2 under paragraph (1) is proposed is entitled to written no3 tice. 

4 ‘‘(B)(i) An employee who is notified under subpara5 graph (A) of being the subject of a proposed adverse action 

6 under paragraph (1) is entitled to 14 days following such 

7 notification to answer and furnish evidence in support of 

8 the answer. 

9 ‘‘(ii) If the employee does not furnish any such evi10 dence as described in clause (i) or if the Secretary deter11 mines that such evidence is not sufficient to reverse the de12 termination to propose the adverse action, the Secretary 

13 shall carry out the adverse action following such 14-day pe14 riod. 

15 ‘‘(C) Paragraphs (1) and (2) of subsection (b) of sec16 tion 7513 of title 5, subsection (c) of such section, para17 graphs (1) and (2) of subsection (b) of section 7543 of such 

18 title, and subsection (c) of such section shall not apply with 

19 respect to an adverse action carried out under paragraph 

20 (1). 

21 ‘‘(b) LIMITATION ON OTHER ADVERSE ACTIONS.— 

22 With respect to a prohibited personnel action described in 

23 subsection (c), if the Secretary carries out an adverse action 

24 against a supervisory employee, the Secretary may carry 

25 out an additional adverse action under this section based 
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1 on the same prohibited personnel action if the total severity 

2 of the adverse actions do not exceed the level specified in 

3 subsection (a). 

4 ‘‘(c) PROHIBITED PERSONNEL ACTION DESCRIBED.— 

5 A prohibited personnel action described in this subsection 

6 is any of the following actions: 

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

8 in violation of section 2302 of title 5 against an em9 ployee relating to the employee— 

10 ‘‘(A) filing a whistleblower complaint in ac11 cordance with section 732 of this title; 

12 ‘‘(B) filing a whistleblower complaint with 

13 the Inspector General of the Department, the 

14 Special Counsel, or Congress; 

15 ‘‘(C) providing information or partici16 pating as a witness in an investigation of a 

17 whistleblower complaint in accordance with sec18 tion 732 or with the Inspector General of the De19 partment, the Special Counsel, or Congress; 

20 ‘‘(D) participating in an audit or inves21 tigation by the Comptroller General of the 

22 United States; 

23 ‘‘(E) refusing to perform an action that is 

24 unlawful or prohibited by the Department; or 
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1 ‘‘(F) engaging in communications that are 

2 related to the duties of the position or are other3 wise protected. 

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

5 making an action described in any of subparagraphs 

6 (A) through (F) of paragraph (1). 

7 ‘‘(3) Conducting a negative peer review or open8 ing a retaliatory investigation because of an activity 

9 of an employee that is protected by section 2302 of 

10 title 5. 

11 ‘‘(4) Requesting a contractor to carry out an ac12 tion that is prohibited by section 4705(b) or section 

13 4712(a)(1) of title 41, as the case may be. 

14 ‘‘§ 734. Evaluation criteria of supervisors and treat15 ment of bonuses 

16 ‘‘(a) EVALUATION CRITERIA.—(1) In evaluating the 

17 performance of supervisors of the Department, the Secretary 

18 shall include the criteria described in paragraph (2). 

19 ‘‘(2) The criteria described in this subsection are the 

20 following: 

21 ‘‘(A) Whether the supervisor treats whistleblower 

22 complaints in accordance with section 732 of this 

23 title. 

24 ‘‘(B) Whether the appropriate deciding official, 

25 performance review board, or performance review 
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1 committee determines that the supervisor was found 

2 to have committed a prohibited personnel action de3 scribed in section 733(b) of this title by an adminis4 trative judge, the Merit Systems Protection Board, the 

5 Office of Special Counsel, an adjudicating body pro6 vided under a union contract, a Federal judge, or, in 

7 the case of a settlement of a whistleblower complaint 

8 (regardless of whether any fault was assigned under 

9 such settlement), the Secretary. 

10 ‘‘(b) BONUSES.—(1) The Secretary may not pay to a 

11 supervisor described in subsection (a)(2)(B) an award or 

12 bonus under this title or title 5, including under chapter 

13 45 or 53 of such title, during the one-year period beginning 

14 on the date on which the determination was made under 

15 such subsection. 

16 ‘‘(2) Notwithstanding any other provision of law, the 

17 Secretary shall issue an order directing a supervisor de18 scribed in subsection (a)(2)(B) to repay the amount of any 

19 award or bonus paid under this title or title 5, including 

20 under chapter 45 or 53 of such title, if— 

21 ‘‘(A) such award or bonus was paid for perform22 ance during a period in which the supervisor com23 mitted a prohibited personnel action as determined 

24 pursuant to such subsection (a)(2)(B); 
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1 ‘‘(B) the Secretary determines such repayment 

2 appropriate pursuant to regulations prescribed by the 

3 Secretary to carry out this section; and 

4 ‘‘(C) the supervisor is afforded notice and an op5 portunity for a hearing before making such repay6 ment. 

7 ‘‘§ 735. Training regarding whistleblower complaints 

8 ‘‘(a) TRAINING.—Not less frequently than once each 

9 year, the Secretary, in coordination with the Whistleblower 

10 Protection Ombudsman designated under section 3(d)(1)(C) 

11 of the Inspector General Act of 1978 (5 U.S.C. App.), shall 

12 provide to each employee of the Department training re13 garding whistleblower complaints, including— 

14 ‘‘(1) an explanation of each method established 

15 by law in which an employee may file a whistleblower 

16 complaint; 

17 ‘‘(2) an explanation of prohibited personnel ac18 tions described by section 733(c) of this title; 

19 ‘‘(3) with respect to supervisors, how to treat 

20 whistleblower complaints in accordance with section 

21 732 of this title; 

22 ‘‘(4) the right of the employee to petition Con23 gress regarding a whistleblower complaint in accord24 ance with section 7211 of title 5; 
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1 ‘‘(5) an explanation that the employee may not 

2 be prosecuted or reprised against for disclosing infor3 mation to Congress, the Inspector General, or another 

4 investigatory agency in instances where such disclo5 sure is permitted by law, including under sections 

6 5701, 5705, and 7732 of this title, under section 552a 

7 of title 5 (commonly referred to as the Privacy Act), 

8 under chapter 93 of title 18, and pursuant to regula9 tions promulgated under section 264(c) of the Health 

10 Insurance Portability and Accountability Act of 1996 

11 (Public Law 104–191); 

12 ‘‘(6) an explanation of the language that is re13 quired to be included in all nondisclosure policies, 

14 forms, and agreements pursuant to section 115(a)(1) 

15 of the Whistleblower Protection Enhancement Act of 

16 2012 (5 U.S.C. 2302 note); and 

17 ‘‘(7) the right of contractors to be protected from 

18 reprisal for the disclosure of certain information 

19 under section 4705 or 4712 of title 41. 

20 ‘‘(b) MANNER TRAINING IS PROVIDED.—The Secretary 

21 shall ensure that training provided under subsection (a) is 

22 provided in person. 

23 ‘‘(c) CERTIFICATION.—Not less frequently than once 

24 each year, the Secretary shall provide training on merit 
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1 system protection in a manner that the Special Counsel cer2 tifies as being satisfactory. 

3 ‘‘(d) PUBLICATION.—(1) The Secretary shall publish 

4 on the Internet website of the Department, and display 

5 prominently at each facility of the Department, the rights 

6 of an employee to file a whistleblower complaint, including 

7 the information described in paragraphs (1) through (7) of 

8 subsection (a). 

9 ‘‘(2) The Secretary shall publish on the Internet 

10 website of the Department, the whistleblower complaint 

11 form described in section 732(g)(2). 

12 ‘‘§ 736. Reports to Congress 

13 ‘‘(a) ANNUAL REPORTS.—Not less frequently than once 

14 each year, the Secretary shall submit to the appropriate 

15 committees of Congress a report that includes— 

16 ‘‘(1) with respect to whistleblower complaints 

17 filed under section 732 of this title during the year 

18 covered by the report— 

19 ‘‘(A) the number of such complaints filed; 

20 ‘‘(B) the disposition of such complaints; and 

21 ‘‘(C) the ways in which the Secretary ad22 dressed such complaints in which a positive de23 termination was made by a supervisor under 

24 subsection (b)(1) of such section; 
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1 ‘‘(2) the number of whistleblower complaints 

2 filed during the year covered by the report that are 

3 not included under paragraph (1), including— 

4 ‘‘(A) the method in which such complaints 

5 were filed; 

6 ‘‘(B) the disposition of such complaints; and 

7 ‘‘(C) the ways in which the Secretary ad8 dressed such complaints; and 

9 ‘‘(3) with respect to disclosures made by a con10 tractor under section 4705 or 4712 of title 41— 

11 ‘‘(A) the number of complaints relating to 

12 such disclosures that were investigated by the In13 spector General of the Department of Veterans 

14 Affairs during the year covered by the report; 

15 ‘‘(B) the disposition of such complaints; and 

16 ‘‘(C) the ways in which the Secretary ad17 dressed such complaints. 

18 ‘‘(b) NOTICE OF OFFICE OF SPECIAL COUNSEL DE19 TERMINATIONS.—Not later than 30 days after the date on 

20 which the Secretary receives from the Special Counsel infor21 mation relating to a whistleblower complaint pursuant to 

22 section 1213 of title 5, the Secretary shall notify the appro23 priate committees of Congress of such information, includ24 ing the determination made by the Special Counsel. 
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1 ‘‘(c) APPROPRIATE COMMITTEES OF CONGRESS.—In 

2 this section, the term ‘appropriate committees of Congress’ 

3 means— 

4 ‘‘(1) the Committee on Veterans’ Affairs and the 

5 Committee on Homeland Security and Governmental 

6 Affairs of the Senate; and 

7 ‘‘(2) the Committee on Veterans’ Affairs and the 

8 Committee on Oversight and Government Reform of 

9 the House of Representatives.’’. 

10 (2) CONFORMING AND CLERICAL AMENDMENTS.— 

11 (A) CONFORMING AMENDMENT.—Such chapter is 

12 further amended by inserting before section 701 the 

13 following: 

14 ‘‘SUBCHAPTER I—GENERAL EMPLOYEE 

15 MATTERS’’. 

16 (B) CLERICAL AMENDMENTS.—The table of sec17 tions at the beginning of such chapter is amended— 

18 (i) by inserting before the item relating to 

19 section 701 the following new item: 

‘‘SUBCHAPTER I—GENERAL EMPLOYEE MATTERS’’; 

20 and 

21 (ii) by adding at the end the following new 

22 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. 
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‘‘734. Evaluation criteria of supervisors and treatment of bonuses. 

‘‘735. Training regarding whistleblower complaints. 

‘‘736. Reports to Congress.’’. 

1 (b) TREATMENT OF CONGRESSIONAL TESTIMONY BY

2 DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES AS OFFI3 CIAL DUTY.— 

4 (1) IN GENERAL.—Subchapter I of chapter 7 of 

5 title 38, United States Code, as designated by section 

6 2(a)(2)(A), is amended by adding at the end the fol7 lowing new section: 

8 ‘‘§ 715. Congressional testimony by employees: treat9 ment as official duty 

10 ‘‘(a) CONGRESSIONAL TESTIMONY.—An employee of 

11 the Department is performing official duty during the pe12 riod with respect to which the employee is testifying in an 

13 official capacity in front of either chamber of Congress, a 

14 committee of either chamber of Congress, or a joint or select 

15 committee of Congress. 

16 ‘‘(b) TRAVEL EXPENSES.—The Secretary shall provide 

17 travel expenses, including per diem in lieu of subsistence, 

18 in accordance with applicable provisions under subchapter 

19 I of chapter 57 of title 5, to any employee of the Department 

20 of Veterans Affairs performing official duty described under 

21 subsection (a).’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of such chapter, as amended by 

24 section 2(a)(2)(B), is further amended by inserting 
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1 after the item relating to section 713 the following 

2 new item: 

‘‘715. Congressional testimony by employees: treatment as official duty.’’. 

3 SEC. 248. (a) IN GENERAL.—For the purposes of 

4 verifying that an individual performed service under honor5 able conditions that satisfies the requirements of a coastwise 

6 merchant seaman who is recognized pursuant to section 401 

7 of the GI Bill Improvement Act of 1977 (Public Law 95– 

8 202; 38 U.S.C. 106 note) as having performed active duty 

9 service for the purposes described in subsection (c)(1), the 

10 Secretary of Defense shall accept the following: 

11 (1) In the case of an individual who served on 

12 a coastwise merchant vessel seeking such recognition 

13 for whom no applicable Coast Guard shipping or dis14 charge form, ship logbook, merchant mariner’s docu15 ment or Z-card, or other official employment record 

16 is available, the Secretary of Defense shall provide 

17 such recognition on the basis of applicable Social Se18 curity Administration records submitted for or by the 

19 individual, together with validated testimony given 

20 by the individual or the primary next of kin of the 

21 individual that the individual performed such service 

22 during the period beginning on December 7, 1941, 

23 and ending on December 31, 1946. 

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

25 a coastwise merchant vessel seeking such recognition 
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1 for whom the applicable Coast Guard shipping or dis2 charge form, ship logbook, merchant mariner’s docu3 ment or Z-card, or other official employment record 

4 has been destroyed or otherwise become unavailable by 

5 reason of any action committed by a person respon6 sible for the control and maintenance of such form, 

7 logbook, or record, the Secretary of Defense shall ac8 cept other official documentation demonstrating that 

9 the individual performed such service during period 

10 beginning on December 7, 1941, and ending on De11 cember 31, 1946. 

12 (3) For the purpose of determining whether to 

13 recognize service allegedly performed during the pe14 riod beginning on December 7, 1941, and ending on 

15 December 31, 1946, the Secretary shall recognize mas16 ters of seagoing vessels or other officers in command 

17 of similarly organized groups as agents of the United 

18 States who were authorized to document any indi19 vidual for purposes of hiring the individual to per20 form service in the merchant marine or discharging 

21 an individual from such service. 

22 (b) TREATMENT OF OTHER DOCUMENTATION.—Other 

23 documentation accepted by the Secretary of Defense pursu24 ant to subsection (a)(2) shall satisfy all requirements for 
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1 eligibility of service during the period beginning on Decem2 ber 7, 1941, and ending on December 31, 1946. 

3 (c) BENEFITS ALLOWED.— 

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

5 individual whose service is recognized as active duty 

6 pursuant to subsection (a) may be awarded an appro7 priate medal, ribbon, or other military decoration 

8 based on such service. 

9 (2) STATUS OF VETERAN.—An individual whose 

10 service is recognized as active duty pursuant to sub11 section (a) shall be honored as a veteran but shall not 

12 be entitled by reason of such recognized service to any 

13 benefit that is not described in this subsection. 

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

15 Code, is amended— 

16 (1) by striking ‘‘allowance to a veteran’’ and in17 serting the following: ‘‘allowance to— 

18 ‘‘(A) a veteran’’; 

19 (2) in subparagraph (A), as designated by para20 graph (1), by striking the period at the end and in21 serting ‘‘; and’’; and 

22 (3) by adding at the end the following new sub23 paragraph: 

24 ‘‘(B) a veteran with a VA service-connected dis25 ability rated as 30 percent or greater by the Depart-
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1 ment of Veterans Affairs who is selected by the United 

2 States Olympic Committee for the United States 

3 Olympic Team for any month in which the veteran 

4 is competing in any event sanctioned by the National 

5 Governing Bodies of the United States Olympic 

6 Sports.’’. 

7 SEC. 250. (a) IN GENERAL.—Section 111(b)(1) of title 

8 38, United States Code, is amended by adding at the end 

9 the following new subparagraph: 

10 ‘‘(G) A veteran with vision impairment, a vet11 eran with a spinal cord injury or disorder, or a vet12 eran with double or multiple amputations whose trav13 el is in connection with care provided through a spe14 cial disabilities rehabilitation program of the Depart15 ment (including programs provided by spinal cord 

16 injury centers, blind rehabilitation centers, and pros17 thetics rehabilitation centers) if such care is pro18 vided— 

19 ‘‘(i) on an in-patient basis; or 

20 ‘‘(ii) during a period in which the Sec21 retary provides the veteran with temporary lodg22 ing at a facility of the Department to make such 

23 care more accessible to the veteran.’’. 

24 (b) REPORT.—Not later than 180 days after the date 

25 of the enactment of this Act, the Secretary of Veterans Af-
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1 fairs shall submit to the Committee on Veterans’ Affairs of 

2 the Senate and the Committee on Veterans’ Affairs of the 

3 House of Representatives a report on the beneficiary travel 

4 program under section 111 of title 38, United States Code, 

5 as amended by subsection (a), that includes the following: 

6 (1) The cost of the program. 

7 (2) The number of veterans served by the pro8 gram. 

9 (3) Such other matters as the Secretary considers 

10 appropriate. 

11 (c) EFFECTIVE DATE.—The amendment made by sub12 section (a) shall take effect on the first day of the first fiscal 

13 year that begins after the date of the enactment of this Act. 

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

15 after the date of the enactment of this Act, the Secretary 

16 of Veterans Affairs shall establish a program to conduct in17 spections of kitchens and food service areas at each medical 

18 facility of the Department of Veterans Affairs. Such inspec19 tions shall occur not less frequently than annually. The pro20 gram’s goal is to ensure that the same standards for kitch21 ens and food service areas at hospitals in the private sector 

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

23 facilities of the Department. 

24 (b) AGREEMENT.— 
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1 (1) IN GENERAL.—The Secretary shall seek to 

2 enter into an agreement with the Joint Commission 

3 on Accreditation of Hospital Organizations under 

4 which the Joint Commission on Accreditation of Hos5 pital Organizations conducts the inspections required 

6 under subsection (a). 

7 (2) ALTERNATE ORGANIZATION.—If the Sec8 retary is unable to enter into an agreement described 

9 in paragraph (1) with the Joint Commission on Ac10 creditation of Hospital Organizations on terms ac11 ceptable to the Secretary, the Secretary shall seek to 

12 enter into such an agreement with another appro13 priate organization that— 

14 (A) is not part of the Federal Government; 

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

16 (C) has expertise and objectivity comparable 

17 to that of the Joint Commission on Accreditation 

18 of Hospital Organizations. 

19 (c) REMEDIATION PLAN.— 

20 (1) INITIAL FAILURE.—If a kitchen or food serv21 ice area of a medical facility of the Department is de22 termined pursuant to an inspection conducted under 

23 subsection (a) not to meet the standards for kitchens 

24 and food service areas in hospitals in the private sec-
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1 tor, that medical facility fails the inspection and the 

2 Secretary shall— 

3 (A) implement a remediation plan for that 

4 medical facility within 72 hours; and 

5 (B) Conduct a second inspection under sub6 section (a) at that medical facility within 14 

7 days of the failed inspection. 

8 (2) SECOND FAILURE.—If a medical facility of 

9 the Department fails the second inspection conducted 

10 under paragraph (1)(B), the Secretary shall close the 

11 kitchen or food service area at that medical facility 

12 that did not meet the standards for kitchens and food 

13 service areas in hospitals in the private sector until 

14 full remediation is completed and all kitchens and 

15 food service areas at that medical facility meet such 

16 standards. 

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

18 service area is closed at a medical facility of the De19 partment pursuant to paragraph (2), the Director of 

20 the Veterans Integrated Service Network in which the 

21 medical facility is located shall enter into a contract 

22 with a vendor approved by the General Services Ad23 ministration to provide food at the medical facility. 

24 (d) QUARTERLY REPORTS.—Not less frequently than 

25 quarterly, the Under Secretary of Health shall submit to 
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1 Congress a report on inspections conducted under this sec2 tion, and their detailed findings and actions taken, during 

3 the preceding quarter at medical facilities of the Depart4 ment. 

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

6 after the date of the enactment of this Act, the Secretary 

7 of Veterans Affairs shall establish a program to conduct 

8 risk-based inspections for mold and mold issues at each 

9 medical facility of the Department of Veterans Affairs. Such 

10 facilities will be rated high, medium, or low risk for mold. 

11 Such inspections at facilities rated high risk shall occur not 

12 less frequently than annually, and such inspections at fa13 cilities rated medium or low risk shall occur not less fre14 quently than biennially. 

15 (b) AGREEMENT.— 

16 (1) IN GENERAL.—The Secretary shall seek to 

17 enter into an agreement with the Joint Commission 

18 on Accreditation of Hospital Organizations under 

19 which the Joint Commission on Accreditation of Hos20 pital Organizations conducts the inspections required 

21 under subsection (a). 

22 (2) ALTERNATE ORGANIZATION.—If the Sec23 retary is unable to enter into an agreement described 

24 in paragraph (1) with the Joint Commission on Ac25 creditation of Hospital Organizations on terms ac-
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1 ceptable to the Secretary, the Secretary shall seek to 

2 enter into such an agreement with another appro3 priate organization that— 

4 (A) is not part of the Federal Government; 

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

6 (C) has expertise and objectivity comparable 

7 to that of the Joint Commission on Accreditation 

8 of Hospital Organizations. 

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

10 Department is determined pursuant to an inspection con11 ducted under subsection (a) to have a mold issue, the Sec12 retary shall— 

13 (1) implement a remediation plan for that med14 ical facility within 7 days; and 

15 (2) Conduct a second inspection under subsection 

16 (a) at that medical facility within 90 days of the ini17 tial inspection. 

18 (d) QUARTERLY REPORTS.—Not less frequently than 

19 quarterly, the Under Secretary for Health shall submit to 

20 Congress a report on inspections conducted under this sec21 tion, and their detailed findings and actions taken, during 

22 the preceding quarter at medical facilities of the Depart23 ment. 
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1 SEC. 253. Section 1706(b)(5)(A) of title 38, United 

2 States Code, is amended, in the first sentence, by striking 

3 ‘‘through 2008’’. 

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

5 use amounts appropriated or otherwise made available in 

6 this title to ensure that the ratio of veterans to full-time 

7 employment equivalents within any program of rehabilita8 tion conducted under chapter 31 of title 38, United States 

9 Code, does not exceed 125 veterans to one full-time employ10 ment equivalent. 

11 (b) Not later than 180 days after the date of the enact12 ment of this Act, the Secretary shall submit to Congress a 

13 report on the programs of rehabilitation conducted under 

14 chapter 31 of title 38, United States Code, including— 

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

16 each such program; and 

17 (2) recommendations for such action as the Sec18 retary considers necessary to reduce the veteran-to19 staff ratio for each such program. 

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

21 Act may be used to deny an Inspector General funded under 

22 this Act timely access to any records, documents, or other 

23 materials available to the department or agency over which 

24 that Inspector General has responsibilities under the In25 spector General Act of 1978 (5 U.S.C. App.), or to prevent 
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1 or impede that Inspector General’s access to such records, 

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

3 except a provision of law that expressly refers to the Inspec4 tor General and expressly limits the Inspector General’s 

5 right of access. 

6 (b) A department or agency covered by this section 

7 shall provide its Inspector General with access to all such 

8 records, documents, and other materials in a timely man9 ner. 

10 (c) Each Inspector General shall ensure compliance 

11 with statutory limitations on disclosure relevant to the in12 formation provided by the establishment over which that In13 spector General has responsibilities under the Inspector 

14 General Act of 1978 (5 U.S.C. App.). 

15 (d) Each Inspector General covered by this section 

16 shall report to the Committees on Appropriations of the 

17 House of Representatives and the Senate within 5 calendar 

18 days any failures to comply with this requirement. 

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

20 made available in this title may be used by the Secretary 

21 of Veterans Affairs to enter into an agreement related to 

22 resolving a dispute or claim with an individual that would 

23 restrict in any way the individual from speaking to mem24 bers of Congress or their staff on any topic not otherwise 

25 prohibited from disclosure by Federal law or required by 
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1 Executive Order to be kept secret in the interest of national 

2 defense or the conduct of foreign affairs. 

3 SEC. 257. Appropriations made available in this Act 

4 under the heading ‘‘Medical Services’’ shall be available to 

5 carry out sections 322(d) and 521A of title 38, United 

6 States Code, to include the payment of the administrative 

7 expenses necessary to carry out such sections. Of the amount 

8 appropriated for fiscal year 2017, up to $2,000,000 shall 

9 be available for the payment of monthly assistance allow10 ances to veterans pursuant to 38 U.S.C. 322(d) and up to 

11 $8,000,000 shall be available for the payment of grants pur12 suant to 38 U.S.C. 521A. Of the amounts appropriated in 

13 advance for fiscal year 2018, up to $2,000,000 shall be 

14 available for the payment of monthly assistance allowances 

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

16 $8,000,000 shall be available for the payment of grants pur17 suant to 38 U.S.C. 521A. 

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

19 hereafter, beginning with the fiscal year 2018 budget request 

20 submitted to Congress pursuant to section 1105(a) of title 

21 31, United States Code, the budget justification documents 

22 submitted for the ‘‘Construction, Major Projects’’ account 

23 of the Department of Veterans Affairs shall include, at a 

24 minimum, the information required under subsection (b). 
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1 (b) The budget justification documents submitted pur2 suant to subsection (a) shall include, for each project— 

3 (1) the estimated total cost of the project; 

4 (2) the funding provided for each fiscal year 

5 prior to the budget year; 

6 (3) the amount requested for the budget year; 

7 (4) the estimated funding required for the project 

8 for each of the 4 fiscal years succeeding the budget 

9 year; and 

10 (5) such additional information as is enumer11 ated under the heading relating to the ‘‘Construction, 

12 Major Projects’’ account of the Department of Vet13 erans Affairs in the joint explanatory statement ac14 companying this Act. 

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

16 of this Act, the Secretary of Veterans Affairs shall submit 

17 to the Committees on Appropriations of both Houses of Con18 gress a proposed budget justification template that complies 

19 with the requirements of this section. 

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

21 carry out the following major medical facility projects, with 

22 each project to be carried out in an amount not to exceed 

23 the amount specified for that project: 

24 (1) Seismic corrections to buildings, including 

25 retrofitting and replacement of high-risk buildings, in 
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1 San Francisco, California, in an amount not to ex2 ceed $180,480,000. 

3 (2) Seismic corrections to facilities, including fa4 cilities to support homeless veterans, at the medical 

5 center in West Los Angeles, California, in an amount 

6 not to exceed $105,500,000. 

7 (3) Seismic corrections to the mental health and 

8 community living center in Long Beach, California, 

9 in an amount not to exceed $287,100,000. 

10 (4) Construction of an outpatient clinic, admin11 istrative space, cemetery, and columbarium in Ala12 meda, California, in an amount not to exceed 

13 $87,332,000. 

14 (5) Realignment of medical facilities in Liver15 more, California, in an amount not to exceed 

16 $194,430,000. 

17 (6) Construction of a medical center in Louis18 ville, Kentucky, in an amount not to exceed 

19 $150,000,000. 

20 (7) Construction of a replacement community 

21 living center in Perry Point, Maryland, in an 

22 amount not to exceed $92,700,000. 

23 (8) Seismic corrections and other renovations to 

24 several buildings and construction of a specialty care 
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1 building in American Lake, Washington, in an 

2 amount not to exceed $16,260,000. 

3 (b) There is authorized to be appropriated to the Sec4 retary of Veterans Affairs for fiscal year 2016 or the year 

5 in which funds are appropriated for the Construction, 

6 Major Projects, account, $1,113,802,000 for the projects au7 thorized in subsection (a). 

8 (c) The projects authorized in subsection (a) may only 

9 be carried out using— 

10 (1) funds appropriated for fiscal year 2016 pur11 suant to the authorization of appropriations in sub12 section (b); 

13 (2) funds available for Construction, Major 

14 Projects, for a fiscal year before fiscal year 2016 that 

15 remain available for obligation; 

16 (3) funds available for Construction, Major 

17 Projects, for a fiscal year after fiscal year 2016 that 

18 remain available for obligation; 

19 (4) funds appropriated for Construction, Major 

20 Projects, for fiscal year 2016 for a category of activity 

21 not specific to a project; 

22 (5) funds appropriated for Construction, Major 

23 Projects, for a fiscal year before fiscal year 2016 for 

24 a category of activity not specific to a project; and 
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1 (6) funds appropriated for Construction, Major 

2 Projects, for a fiscal year after fiscal year 2016 for a 

3 category of activity not specific to a project. 

4 SEC. 260. (a) Notwithstanding any other provision of 

5 law, the amounts appropriated or otherwise made available 

6 to the Department of Veterans Affairs for the ‘‘Medical 

7 Services’’ account may be used to provide— 

8 (1) fertility counseling and treatment using as9 sisted reproductive technology to a covered veteran or 

10 the spouse of a covered veteran; or 

11 (2) adoption reimbursement to a covered veteran. 

12 (b) In this section: 

13 (1) The term ‘‘service-connected’’ has the mean14 ing given such term in section 101 of title 38, United 

15 States Code. 

16 (2) The term ‘‘covered veteran’’ means a veteran, 

17 as such term is defined in section 101 of title 38, 

18 United States Code, who has a service-connected dis19 ability that results in the inability of the veteran to 

20 procreate without the use of fertility treatment. 

21 (3) The term ‘‘assisted reproductive technology’’ 

22 means benefits relating to reproductive assistance pro23 vided to a member of the Armed Forces who incurs 

24 a serious injury or illness on active duty pursuant to 

25 section 1074(c)(4)(A) of title 10, United States Code, 
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1 as described in the memorandum on the subject of 

2 ‘‘Policy for Assisted Reproductive Services for the 

3 Benefit of Seriously or Severely Ill/Injured (Category 

4 II or III) Active Duty Service Members’’ issued by the 

5 Assistant Secretary of Defense for Health Affairs on 

6 April 3, 2012, and the guidance issued to implement 

7 such policy, including any limitations on the amount 

8 of such benefits available to such a member. 

9 (4) The term ‘‘adoption reimbursement’’ means 

10 reimbursement for the adoption-related expenses for 

11 an adoption that is finalized after the date of the en12 actment of this Act under the same terms as apply 

13 under the adoption reimbursement program of the De14 partment of Defense, as authorized in Department of 

15 Defense Instruction 1341.09, including the reimburse16 ment limits and requirements set forth in such in17 struction. 

18 (c) Amounts made available for the purposes specified 

19 in subsection (a) of this section are subject to the require20 ments for funds contained in section 508 of division H of 

21 the Consolidated Appropriations Act, 2016 (Public Law 

22 114–113). 
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1 TITLE III 

2 RELATED AGENCIES 

3 AMERICAN BATTLE MONUMENTS COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses, not otherwise provided for, of 

6 the American Battle Monuments Commission, including the 

7 acquisition of land or interest in land in foreign countries; 

8 purchases and repair of uniforms for caretakers of national 

9 cemeteries and monuments outside of the United States and 

10 its territories and possessions; rent of office and garage 

11 space in foreign countries; purchase (one-for-one replace12 ment basis only) and hire of passenger motor vehicles; not 

13 to exceed $7,500 for official reception and representation 

14 expenses; and insurance of official motor vehicles in foreign 

15 countries, when required by law of such countries, 

16 $75,100,000, to remain available until expended. 

17 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

18 For necessary expenses, not otherwise provided for, of 

19 the American Battle Monuments Commission, such sums as 

20 may be necessary, to remain available until expended, for 

21 purposes authorized by section 2109 of title 36, United 

22 States Code. 
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1 UNITED STATES COURT OF APPEALS FOR VETERANS

2 CLAIMS

3 SALARIES AND EXPENSES

4 For necessary expenses for the operation of the United 

5 States Court of Appeals for Veterans Claims as authorized 

6 by sections 7251 through 7298 of title 38, United States 

7 Code, $30,945,000: Provided, That $2,500,000 shall be 

8 available for the purpose of providing financial assistance 

9 as described, and in accordance with the process and report10 ing procedures set forth, under this heading in Public Law 

11 102–229. 

12 DEPARTMENT OF DEFENSE—CIVIL

13 CEMETERIAL EXPENSES, ARMY

14 SALARIES AND EXPENSES

15 For necessary expenses for maintenance, operation, 

16 and improvement of Arlington National Cemetery and Sol17 diers’ and Airmen’s Home National Cemetery, including 

18 the purchase or lease of passenger motor vehicles for replace19 ment on a one-for-one basis only, and not to exceed $1,000 

20 for official reception and representation expenses, 

21 $70,800,000, of which not to exceed $15,000,000 shall re22 main available until September 30, 2019. In addition, such 

23 sums as may be necessary for parking maintenance, repairs 

24 and replacement, to be derived from the ‘‘Lease of Depart-
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1 ment of Defense Real Property for Defense Agencies’’ ac2 count. 

3 ARMED FORCES RETIREMENT HOME

4 TRUST FUND

5 For expenses necessary for the Armed Forces Retire6 ment Home to operate and maintain the Armed Forces Re7 tirement Home—Washington, District of Columbia, and the 

8 Armed Forces Retirement Home—Gulfport, Mississippi, to 

9 be paid from funds available in the Armed Forces Retire10 ment Home Trust Fund, $64,300,000, of which $1,000,000 

11 shall remain available until expended for construction and 

12 renovation of the physical plants at the Armed Forces Re13 tirement Home—Washington, District of Columbia, and the 

14 Armed Forces Retirement Home—Gulfport, Mississippi: 

15 Provided, That of the amounts made available under this 

16 heading from funds available in the Armed Forces Retire17 ment Home Trust Fund, $22,000,000 shall be paid from 

18 the general fund of the Treasury to the Trust Fund. 

19 ADMINISTRATIVE PROVISIONS

20 SEC. 301. Funds appropriated in this Act under the 

21 heading ‘‘Department of Defense—Civil, Cemeterial Ex22 penses, Army’’, may be provided to Arlington County, Vir23 ginia, for the relocation of the federally owned water main 

24 at Arlington National Cemetery, making additional land 

25 available for ground burials. 
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1 SEC. 302. Amounts deposited into the special account 

2 established under 10 U.S.C. 4727 are appropriated and 

3 shall be available until expended to support activities at 

4 the Army National Military Cemeteries. 

5 TITLE IV 

6 OVERSEAS CONTINGENCY OPERATIONS 

7 DEPARTMENT OF DEFENSE 

8 MILITARY CONSTRUCTION, ARMY

9 For an additional amount for ‘‘Military Construction, 

10 Army’’, $18,900,000, to remain available until September 

11 30, 2021, for projects outside of the United States: Provided, 

12 That such amount is designated by the Congress for Over13 seas Contingency Operations/Global War on Terrorism pur14 suant to section 251(b)(2)(A)(ii) of the Balanced Budget 

15 and Emergency Deficit Control Act of 1985. 

16 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

17 For an additional amount for ‘‘Military Construction, 

18 Navy and Marine Corps’’, $59,809,000, to remain available 

19 until September 30, 2021, for projects outside of the United 

20 States: Provided, That such amount is designated by the 

21 Congress for Overseas Contingency Operations/Global War 

22 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

23 Balanced Budget and Emergency Deficit Control Act of 

24 1985. 
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1 MILITARY CONSTRUCTION, AIR FORCE

2 For an additional amount for ‘‘Military Construction, 

3 Air Force’’ $88,291,000, to remain available until Sep4 tember 30, 2021, for projects outside of the United States: 

5 Provided, That such amount is designated by the Congress 

6 for Overseas Contingency Operations/Global War on Ter7 rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

8 Budget and Emergency Deficit Control Act of 1985. 

9 MILITARY CONSTRUCTION, DEFENSE-WIDE

10 For an additional amount for ‘‘Military Construction, 

11 Defense-Wide’’, $5,000,000, to remain available until Sep12 tember 30, 2021, for projects outside of the United States: 

13 Provided, That such amount is designated by the Congress 

14 for Overseas Contingency Operations/Global War on Ter15 rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

16 Budget and Emergency Deficit Control Act of 1985. 

17 ADMINISTRATIVE PROVISION

18 SEC. 401. Each amount designated in this Act by the 

19 Congress for Overseas Contingency Operations/Global War 

20 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

21 Balanced Budget and Emergency Deficit Control Act of 

22 1985 shall be available only if the President subsequently 

23 so designates all such amounts and transmits such designa24 tions to the Congress. 
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1 TITLE V 

2 GENERAL PROVISIONS 

3 SEC. 501. No part of any appropriation contained in 

4 this Act shall remain available for obligation beyond the 

5 current fiscal year unless expressly so provided herein. 

6 SEC. 502. None of the funds made available in this 

7 Act may be used for any program, project, or activity, when 

8 it is made known to the Federal entity or official to which 

9 the funds are made available that the program, project, or 

10 activity is not in compliance with any Federal law relating 

11 to risk assessment, the protection of private property rights, 

12 or unfunded mandates. 

13 SEC. 503. All departments and agencies funded under 

14 this Act are encouraged, within the limits of the existing 

15 statutory authorities and funding, to expand their use of 

16 ‘‘E-Commerce’’ technologies and procedures in the conduct 

17 of their business practices and public service activities. 

18 SEC. 504. Unless stated otherwise, all reports and noti19 fications required by this Act shall be submitted to the Sub20 committee on Military Construction and Veterans Affairs, 

21 and Related Agencies of the Committee on Appropriations 

22 of the House of Representatives and the Subcommittee on 

23 Military Construction and Veterans Affairs, and Related 

24 Agencies of the Committee on Appropriations of the Senate. 
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1 SEC. 505. None of the funds made available in this 

2 Act may be transferred to any department, agency, or in3 strumentality of the United States Government except pur4 suant to a transfer made by, or transfer authority provided 

5 in, this or any other appropriations Act. 

6 SEC. 506. None of the funds made available in this 

7 Act may be used for a project or program named for an 

8 individual serving as a Member, Delegate, or Resident Com9 missioner of the United States House of Representatives. 

10 SEC. 507. (a) Any agency receiving funds made avail11 able in this Act, shall, subject to subsections (b) and (c), 

12 post on the public Web site of that agency any report re13 quired to be submitted by the Congress in this or any other 

14 Act, upon the determination by the head of the agency that 

15 it shall serve the national interest. 

16 (b) Subsection (a) shall not apply to a report if— 

17 (1) the public posting of the report compromises 

18 national security; or 

19 (2) the report contains confidential or propri20 etary information. 

21 (c) The head of the agency posting such report shall 

22 do so only after such report has been made available to the 

23 requesting Committee or Committees of Congress for no less 

24 than 45 days. 
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1 SEC. 508. (a) None of the funds made available in this 

2 Act may be used to maintain or establish a computer net3 work unless such network blocks the viewing, downloading, 

4 and exchanging of pornography. 

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

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

7 enforcement agency or any other entity carrying out crimi8 nal investigations, prosecution, or adjudication activities. 

9 SEC. 509. None of the funds made available in this 

10 Act may be used by an agency of the executive branch to 

11 pay for first-class travel by an employee of the agency in 

12 contravention of sections 301–10.122 through 301–10.124 of 

13 title 41, Code of Federal Regulations. 

14 SEC. 510. None of the funds made available in this 

15 Act may be used to execute a contract for goods or services, 

16 including construction services, where the contractor has 

17 not complied with Executive Order No. 12989. 

18 SEC. 511. None of the funds made available by this 

19 Act may be used by the Department of Defense or the De20 partment of Veterans Affairs to lease or purchase new light 

21 duty vehicles for any executive fleet, or for an agency’s fleet 

22 inventory, except in accordance with Presidential Memo23 randum—Federal Fleet Performance, dated May 24, 2011. 

24 SEC. 512. (a) IN GENERAL.—None of the funds appro25 priated or otherwise made available to the Department of 
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1 Defense in this Act may be used to construct, renovate, or 

2 expand any facility in the United States, its territories, or 

3 possessions to house any individual detained at United 

4 States Naval Station, Guanta ́namo Bay, Cuba, for the pur5 poses of detention or imprisonment in the custody or under 

6 the control of the Department of Defense. 

7 (b) The prohibition in subsection (a) shall not apply 

8 to any modification of facilities at United States Naval 

9 Station, Guanta ́namo Bay, Cuba. 

10 (c) An individual described in this subsection is any 

11 individual who, as of June 24, 2009, is located at United 

12 States Naval Station, Guanta ́namo Bay, Cuba, and who— 

13 (1) is not a citizen of the United States or a 

14 member of the Armed Forces of the United States; and 

15 (2) is— 

16 (A) in the custody or under the effective 

17 control of the Department of Defense; or 

18 (B) otherwise under detention at United 

19 States Naval Station, Guanta ́namo Bay, Cuba. 

20 This division may be cited as the ‘‘Military Construc21 tion, Veterans Affairs, and Related Agencies Appropria22 tions Act, 2017’’. 
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1 DIVISION B—ZIKA RESPONSE AND 

2 PREPAREDNESS 

3 TITLE I 

4 DEPARTMENT OF HEALTH AND HUMAN 

5 SERVICES 

6 CENTERS FOR DISEASE CONTROL AND PREVENTION

7 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

8 For an additional amount for fiscal year 2016 for 

9 ‘‘CDC-Wide Activities and Program Support’’, 

10 $394,000,000, to remain available until September 30, 

11 2017, to prevent, prepare for, and respond to Zika virus, 

12 health conditions related to such virus, and other vector13 borne diseases, domestically and internationally: Provided, 

14 That products purchased with these funds may, at the dis15 cretion of the Secretary of Health and Human Services, be 

16 deposited in the Strategic National Stockpile under section 

17 319F–2 of the Public Health Service (‘‘PHS’’) Act: Pro18 vided further, That funds may be used for purchase and 

19 insurance of official motor vehicles in foreign countries: 

20 Provided further, That the provisions in section 317S of the 

21 PHS Act shall apply to the use of funds appropriated in 

22 this paragraph as determined by the Director of the Centers 

23 for Disease Control and Prevention to be appropriate: Pro24 vided further, That funds appropriated in this paragraph 

25 may be used for grants for the construction, alteration, or 
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1 renovation of non-federally owned facilities to improve pre2 paredness and response capability at State and local lab3 oratories: Provided further, That of the amount appro4 priated in this paragraph, $44,000,000 is included to sup5 plement either fiscal year 2016 or fiscal year 2017 funds 

6 for the Public Health Emergency Preparedness cooperative 

7 agreement program to restore fiscal year 2016 funds that 

8 were reprogrammed for Zika virus response prior to the en9 actment of this Act: Provided further, That such amount 

10 is designated by the Congress as an emergency requirement 

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

12 and Emergency Deficit Control Act of 1985. 

13 NATIONAL INSTITUTES OF HEALTH

14 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

15 DISEASES

16 (INCLUDING TRANSFER OF FUNDS)

17 For an additional amount for fiscal year 2016 for 

18 ‘‘National Institute of Allergy and Infectious Diseases’’, 

19 $152,000,000, to remain available until September 30, 

20 2017, for research on the virology, natural history, and 

21 pathogenesis of the Zika virus infection and preclinical and 

22 clinical development of vaccines and other medical counter23 measures for the Zika virus and other vector-borne diseases, 

24 domestically and internationally: Provided, That such 

25 funds may be transferred by the Director of the National 
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1 Institutes of Health (‘‘NIH’’) to other accounts of the NIH 

2 for the purposes provided in this paragraph: Provided fur3 ther, That such amount is designated by the Congress as 

4 an emergency requirement pursuant to section 

5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

6 Deficit Control Act of 1985. 

7 OFFICE OF THE SECRETARY

8 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

9 (INCLUDING TRANSFER OF FUNDS)

10 For an additional amount for fiscal year 2016 for 

11 ‘‘Public Health and Social Services Emergency Fund’’, 

12 $387,000,000, to remain available until September 30, 

13 2017, to prevent, prepare for, and respond to Zika virus, 

14 health conditions related to such virus, and other vector15 borne diseases, domestically and internationally; to develop 

16 necessary countermeasures and vaccines, including the de17 velopment and purchase of vaccines, therapeutics, 

18 diagnostics, necessary medical supplies, and administrative 

19 activities; for carrying out section 501 of the Social Secu20 rity Act; and for carrying out sections 330 through 336 and 

21 338 of the PHS Act: Provided, That funds appropriated 

22 in this paragraph may be used to procure security counter23 measures (as defined in section 319F–2(c)(1)(B) of the PHS 

24 Act): Provided further, That paragraphs (1) and (7)(C) of 

25 subsection (c) of section 319F–2 of the PHS Act, but no 
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1 other provisions of such section, shall apply to such security 

2 countermeasures procured with funds appropriated in this 

3 paragraph: Provided further, That products purchased with 

4 funds appropriated in this paragraph may, at the discre5 tion of the Secretary of Health and Human Services, be 

6 deposited in the Strategic National Stockpile under section 

7 319F–2 of the PHS Act: Provided further, That funds ap8 propriated in this paragraph may be transferred to the 

9 fund authorized by section 319F–4 of the PHS Act: Pro10 vided further, That of the funds appropriated under this 

11 heading, $75,000,000, in addition to the purposes specified 

12 above, shall also be available for necessary expenses for sup13 port to States, territories, tribes, or tribal organizations 

14 with active or local transmission cases of the Zika virus, 

15 as confirmed by the Centers for Disease Control and Preven16 tion, to reimburse the costs of health care for health condi17 tions related to the Zika virus, other than costs that are 

18 covered by private health insurance, of which not less than 

19 $60,000,000 shall be for territories with the highest rates 

20 of Zika transmission: Provided further, That of the funds 

21 appropriated under this heading, $20,000,000 shall be 

22 awarded, notwithstanding section 502 of the Social Secu23 rity Act, for projects of regional and national significance 

24 in Puerto Rico and other territories authorized under sec25 tion 501 of the Social Security Act: Provided further, That 
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1 of the funds appropriated under this heading, $40,000,000 

2 shall be used to expand the delivery of primary health serv3 ices authorized by section 330 of the PHS Act in Puerto 

4 Rico and other territories: Provided further, That of the 

5 funds appropriated under this heading, $6,000,000 shall, 

6 for purposes of providing primary health services in areas 

7 affected by Zika virus or other vector-borne diseases, be used 

8 to assign National Health Service Corps (‘‘NHSC’’) mem9 bers to Puerto Rico and other territories, notwithstanding 

10 the assignment priorities and limitations in or under sec11 tions 333(a)(1)(D), 333(b), or 333A(a) of the PHS Act, and 

12 to make NHSC Loan Repayment Program awards under 

13 section 338B of such Act: Provided further, That for pur14 poses of the previous proviso, section 331(a)(3)(D) of the 

15 PHS Act shall be applied as if the term ‘‘primary health 

16 services’’ included health services regarding pediatric sub17 specialists: Provided further, That such amount is des18 ignated by the Congress as an emergency requirement pur19 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

20 Emergency Deficit Control Act of 1985. 

21 GENERAL PROVISIONS—THIS TITLE 

22 (INCLUDING TRANSFER OF FUNDS)

23 DIRECT HIRES

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

25 used by the heads of the Department of Health and Human 
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1 Services, Department of State, and the United States Agen2 cy for International Development to appoint, without re3 gard to the provisions of sections 3309 through 3319 of title 

4 5 of the United States Code, candidates needed for positions 

5 to perform critical work relating to Zika response for 

6 which— 

7 (1) public notice has been given; and 

8 (2) the Secretary of Health and Human Services 

9 has determined that such a public health threat exists. 

10 TRANSFER AUTHORITIES

11 SEC. 102. Funds appropriated by this title may be 

12 transferred to, and merged with, other appropriation ac13 counts under the headings ‘‘Centers for Disease Control and 

14 Prevention’’, ‘‘Public Health and Social Services Emer15 gency Fund’’, and ‘‘National Institutes of Health’’ for the 

16 purposes specified in this title following consultation with 

17 the Office of Management and Budget: Provided, That the 

18 Committees on Appropriations shall be notified 10 days in 

19 advance of any such transfer: Provided further, That, upon 

20 a determination that all or part of the funds transferred 

21 from an appropriation are not necessary, such amounts 

22 may be transferred back to that appropriation: Provided 

23 further, That none of the funds made available by this title 

24 may be transferred pursuant to the authority in section 205 
115 

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1 of division H of Public Law 114–113 or section 241(a) of 

2 the PHS Act. 

3 REPORTING REQUIREMENTS

4 SEC. 103. Not later than 30 days after enactment of 

5 this Act, the Secretary of Health and Human Services shall 

6 provide a detailed spend plan of anticipated uses of funds 

7 made available in this title, including estimated personnel 

8 and administrative costs, to the Committees on Appropria9 tions: Provided, That such plans shall be updated and sub10 mitted to the Committees on Appropriations every 60 days 

11 until September 30, 2017. 

12 OVERSIGHT

13 SEC. 104. Of the funds appropriated by this title under 

14 the heading ‘‘Public Health and Social Services Emergency 

15 Fund’’, up to— 

16 (1) $500,000 shall be transferred to, and merged 

17 with, funds made available under the heading ‘‘Office 

18 of the Secretary, Office of Inspector General’’, and 

19 shall remain available until expended, for oversight of 

20 activities supported with funds appropriated by this 

21 title: Provided, That the Secretary of Health and 

22 Human Services shall consult with the Committees on 

23 Appropriations prior to obligating such funds: Pro24 vided further, That the transfer authority provided by 
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† HR 5325 EAS 

1 this paragraph is in addition to any other transfer 

2 authority provided by law; and 

3 (2) $500,000 shall be made available to the 

4 Comptroller General of the United States, and shall 

5 remain available until expended, for oversight of ac6 tivities supported with funds appropriated by this 

7 title: Provided, That the Comptroller General shall 

8 consult with the Committees on Appropriations prior 

9 to obligating such funds. 

10 TITLE II 

11 DEPARTMENT OF STATE 

12 ADMINISTRATION OF FOREIGN AFFAIRS

13 DIPLOMATIC AND CONSULAR PROGRAMS

14 (INCLUDING TRANSFER OF FUNDS)

15 For an additional amount for fiscal year 2016 for 

16 ‘‘Diplomatic and Consular Programs’’, $14,594,000, to re17 main available until September 30, 2017, for necessary ex18 penses to support response efforts related to the Zika virus, 

19 health conditions related to such virus, and other vector20 borne diseases: Provided, That such funds may be made 

21 available for medical evacuation costs of any other depart22 ment or agency of the United States under Chief of Mission 

23 authority, and may be transferred to any other appropria24 tion of such department or agency for such costs: Provided 

25 further, That such amount is designated by the Congress 
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1 as an emergency requirement pursuant to section 

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

3 Deficit Control Act of 1985. 

4 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

5 SERVICE

6 For an additional amount for fiscal year 2016 for 

7 ‘‘Emergencies in the Diplomatic and Consular Service’’, 

8 $4,000,000 for necessary expenses to support response efforts 

9 related to the Zika virus, health conditions related to such 

10 virus, and other vector-borne diseases, to remain available 

11 until September 30, 2017: Provided, That such amount is 

12 designated by the Congress as an emergency requirement 

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

14 and Emergency Deficit Control Act of 1985. 

15 REPATRIATION LOANS PROGRAM ACCOUNT

16 For an additional amount for fiscal year 2016 for 

17 ‘‘Repatriation Loans Program Account’’ for the cost of di18 rect loans, $1,000,000, to support response efforts related 

19 to the Zika virus, health conditions related to such virus, 

20 and other vector-borne diseases, to remain available until 

21 September 30, 2017: Provided, That such costs, including 

22 costs of modifying such loans, shall be as defined in section 

23 502 of the Congressional Budget Act of 1974: Provided fur24 ther, That such funds are available to subsidize an addi25 tional amount of gross obligations for the principal amount 
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1 of direct loans not to exceed $1,880,406: Provided further, 

2 That such amount is designated by the Congress as an emer3 gency requirement pursuant to section 251(b)(2)(A)(i) of 

4 the Balanced Budget and Emergency Deficit Control Act 

5 of 1985. 

6 UNITED STATES AGENCY FOR INTERNATIONAL 

7 DEVELOPMENT 

8 FUNDS APPROPRIATED TO THE PRESIDENT

9 OPERATING EXPENSES

10 For an additional amount for fiscal year 2016 for 

11 ‘‘Operating Expenses’’, $10,000,000, to remain available 

12 until September 30, 2017, for necessary expenses to support 

13 response efforts related to the Zika virus, health conditions 

14 related to such virus, and other vector-borne diseases: Pro15 vided, That such amount is designated by the Congress as 

16 an emergency requirement pursuant to section 

17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 BILATERAL ECONOMIC ASSISTANCE 

20 FUNDS APPROPRIATED TO THE PRESIDENT

21 GLOBAL HEALTH PROGRAMS

22 For an additional amount for fiscal year 2016 for 

23 ‘‘Global Health Programs’’, $145,500,000, to remain avail24 able until September 30, 2017, for necessary expenses to 

25 prevent, prepare for, and respond to the Zika virus, health 
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1 conditions related to such virus, and other vector-borne dis2 eases: Provided, That funds appropriated under this head3 ing shall be made available for vector control activities, vac4 cines, diagnostics, and vector control technologies: Provided 

5 further, That funds appropriated under this heading may 

6 be made available as contributions to the World Health Or7 ganization, the United Nations Children’s Fund, the Pan 

8 American Health Organization, the International Atomic 

9 Energy Agency, and the Food and Agriculture Organiza10 tion: Provided further, That funds made available under 

11 this heading shall be subject to prior consultation with the 

12 Committees on Appropriations: Provided further, That 

13 none of the funds appropriated under this heading may be 

14 made available for the Grand Challenges for Development 

15 program: Provided further, That such amount is designated 

16 by the Congress as an emergency requirement pursuant to 

17 section 251(b)(2)(A)(i) of the Balanced Budget and Emer18 gency Deficit Control Act of 1985. 

19 GENERAL PROVISIONS—THIS TITLE 

20 TRANSFER AUTHORITIES

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 201. (a) Funds appropriated by this title under 

23 the headings ‘‘Diplomatic and Consular Programs’’, 

24 ‘‘Emergencies in the Diplomatic and Consular Service’’, 

25 ‘‘Repatriation Loans Program Account’’, and ‘‘Operating 
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1 Expenses’’ may be transferred to, and merged with, funds 

2 appropriated by this title under such headings to carry out 

3 the purposes of this title. 

4 (b) The transfer authorities provided by this section 

5 are in addition to any other transfer authority provided 

6 by law. 

7 (c) Upon a determination that all or part of the funds 

8 transferred pursuant to the authorities provided by this sec9 tion are not necessary for such purposes, such amounts may 

10 be transferred back to such appropriations. 

11 (d) No funds shall be transferred pursuant to this sec12 tion unless at least 5 days prior to making such transfer 

13 the Secretary of State or the Administrator of the United 

14 States Agency for International Development, as appro15 priate, notifies the Committees on Appropriations in writ16 ing of the details of any such transfer. 

17 NOTIFICATION REQUIREMENT

18 SEC. 202. Funds appropriated by this title shall only 

19 be available for obligation if the Secretary of State or the 

20 Administrator of the United States Agency for Inter21 national Development, as appropriate, notifies the Commit22 tees on Appropriations in writing at least 15 days in ad23 vance of such obligation. 
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1 CONSOLIDATED REPORTING REQUIREMENT

2 SEC. 203. Not later than 30 days after enactment of 

3 this Act and prior to the initial obligation of funds made 

4 available by this title, the Secretary of State and the Ad5 ministrator of the United States Agency for International 

6 Development shall submit a consolidated report to the Com7 mittees on Appropriations on the anticipated uses of such 

8 funds on a country and project basis, including estimated 

9 personnel and administrative costs: Provided, That such re10 port shall be updated and submitted to the Committees on 

11 Appropriations every 60 days until September 30, 2017. 

12 OVERSIGHT

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

14 to— 

15 (1) $500,000 shall be transferred to, and merged 

16 with, funds available under the heading ‘‘United 

17 States Agency for International Development, Funds 

18 Appropriated to the President, Office of Inspector 

19 General’’, and shall remain available until expended, 

20 for oversight of activities supported with funds appro21 priated by this title: Provided, That the transfer au22 thority provided by this paragraph is in addition to 

23 any other transfer authority provided by law; and 

24 (2) $500,000 shall be made available to the 

25 Comptroller General of the United States, and shall 
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1 remain available until expended, for oversight of ac2 tivities supported with funds appropriated by this 

3 title: Provided, That the Secretary of State and the 

4 Comptroller General, as appropriate, shall consult 

5 with the Committees on Appropriations prior to obli6 gating such funds. 

7 TITLE III 

8 GENERAL PROVISIONS—THIS DIVISION 

9 EXTENSION OF AUTHORITIES AND PROVISIONS

10 SEC. 301. Unless otherwise provided for by this divi11 sion, the additional amounts appropriated pursuant to this 

12 division are subject to the requirements for funds contained 

13 in the Consolidated Appropriations Act, 2016 (Public Law 

14 114–113). 

15 PERSONAL SERVICE CONTRACTORS

16 SEC. 302. Funds made available by this division may 

17 be used to enter into contracts with individuals for the pro18 vision of personal services (as described in section 104 of 

19 part 37 of title 48, Code of Federal Regulations (48 CFR 

20 37.104)) to support the purposes of titles I and II of this 

21 division, within the United States and abroad, subject to 

22 prior consultation with, and the notification procedures of, 

23 the Committees on Appropriations: Provided, That such in24 dividuals may not be deemed employees of the United States 

25 for the purpose of any law administered by the Office of 
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1 Personnel Management: Provided further, That the author2 ity made available pursuant to this section shall expire on 

3 September 30, 2017. 

4 DESIGNATION RETENTION

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

6 designated by the Congress as an emergency requirement 

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

8 and Emergency Deficit Control Act of 1985 and subse9 quently so designated by the President, and transferred pur10 suant to transfer authorities provided by this division shall 

11 retain such designation. 

12 EFFECTIVE DATE

13 SEC. 304. This division shall become effective imme14 diately upon enactment of this Act. 

15 This division may be cited as the ‘‘Zika Response and 

16 Preparedness Appropriations Act, 2016’’. 

17 DIVISION C—CONTINUING 

18 APPROPRIATIONS ACT, 2017 

19 The following sums are hereby appropriated, out of 

20 any money in the Treasury not otherwise appropriated, 

21 and out of applicable corporate or other revenues, receipts, 

22 and funds, for the several departments, agencies, corpora23 tions, and other organizational units of Government for fis24 cal year 2017, and for other purposes, namely: 
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1 SEC. 101. (a) Such amounts as may be necessary, at 

2 a rate for operations as provided in the applicable appro3 priations Acts for fiscal year 2016 and under the authority 

4 and conditions provided in such Acts, for continuing 

5 projects or activities (including the costs of direct loans and 

6 loan guarantees) that are not otherwise specifically pro7 vided for in this Act, that were conducted in fiscal year 

8 2016, and for which appropriations, funds, or other author9 ity were made available in the following appropriations 

10 Acts: 

11 (1) The Agriculture, Rural Development, Food 

12 and Drug Administration, and Related Agencies Ap13 propriations Act, 2016 (division A of Public Law 

14 114–113), except section 728. 

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

16 Agencies Appropriations Act, 2016 (division B of 

17 Public Law 114–113). 

18 (3) The Department of Defense Appropriations 

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

20 (4) The Energy and Water Development and Re21 lated Agencies Appropriations Act, 2016 (division D 

22 of Public Law 114–113). 

23 (5) The Financial Services and General Govern24 ment Appropriations Act, 2016 (division E of Public 

25 Law 114–113), which for purposes of this Act shall be 
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1 treated as including section 707 of division O of Pub2 lic Law 114–113. 

3 (6) The Department of Homeland Security Ap4 propriations Act, 2016 (division F of Public Law 

5 114–113). 

6 (7) The Department of the Interior, Environ7 ment, and Related Agencies Appropriations Act, 2016 

8 (division G of Public Law 114–113). 

9 (8) The Departments of Labor, Health and 

10 Human Services, and Education, and Related Agen11 cies Appropriations Act, 2016 (division H of Public 

12 Law 114–113). 

13 (9) The Legislative Branch Appropriations Act, 

14 2016 (division I of Public Law 114–113). 

15 (10) The Department of State, Foreign Oper16 ations, and Related Programs Appropriations Act, 

17 2016 (division K of Public Law 114–113), except title 

18 IX. 

19 (11) The Transportation, Housing and Urban 

20 Development, and Related Agencies Appropriations 

21 Act, 2016 (division L of Public Law 114–113), except 

22 section 420. 

23 (b) The rate for operations provided by subsection (a) 

24 is hereby reduced by 0.496 percent. 
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1 SEC. 102. (a) No appropriation or funds made avail2 able or authority granted pursuant to section 101 for the 

3 Department of Defense shall be used for: (1) the new produc4 tion of items not funded for production in fiscal year 2016 

5 or prior years; (2) the increase in production rates above 

6 those sustained with fiscal year 2016 funds; or (3) the initi7 ation, resumption, or continuation of any project, activity, 

8 operation, or organization (defined as any project, sub9 project, activity, budget activity, program element, and sub10 program within a program element, and for any investment 

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

12 an appropriation account and an R–1 line item that in13 cludes a program element and subprogram element within 

14 an appropriation account) for which appropriations, funds, 

15 or other authority were not available during fiscal year 

16 2016. 

17 (b) No appropriation or funds made available or au18 thority granted pursuant to section 101 for the Department 

19 of Defense shall be used to initiate multi-year procurements 

20 utilizing advance procurement funding for economic order 

21 quantity procurement unless specifically appropriated 

22 later. 

23 SEC. 103. Appropriations made by section 101 shall 

24 be available to the extent and in the manner that would 

25 be provided by the pertinent appropriations Act. 
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1 SEC. 104. Except as otherwise provided in section 102, 

2 no appropriation or funds made available or authority 

3 granted pursuant to section 101 shall be used to initiate 

4 or resume any project or activity for which appropriations, 

5 funds, or other authority were not available during fiscal 

6 year 2016. 

7 SEC. 105. Appropriations made and authority granted 

8 pursuant to this Act shall cover all obligations or expendi9 tures incurred for any project or activity during the period 

10 for which funds or authority for such project or activity 

11 are available under this Act. 

12 SEC. 106. Unless otherwise provided for in this Act 

13 or in the applicable appropriations Act for fiscal year 2017, 

14 appropriations and funds made available and authority 

15 granted pursuant to this Act shall be available until which16 ever of the following first occurs: (1) the enactment into law 

17 of an appropriation for any project or activity provided 

18 for in this Act; (2) the enactment into law of the applicable 

19 appropriations Act for fiscal year 2017 without any provi20 sion for such project or activity; or (3) December 9, 2016. 

21 SEC. 107. Expenditures made pursuant to this Act 

22 shall be charged to the applicable appropriation, fund, or 

23 authorization whenever a bill in which such applicable ap24 propriation, fund, or authorization is contained is enacted 

25 into law. 
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1 SEC. 108. Appropriations made and funds made avail2 able by or authority granted pursuant to this Act may be 

3 used without regard to the time limitations for submission 

4 and approval of apportionments set forth in section 1513 

5 of title 31, United States Code, but nothing in this Act may 

6 be construed to waive any other provision of law governing 

7 the apportionment of funds. 

8 SEC. 109. Notwithstanding any other provision of this 

9 Act, except section 106, for those programs that would other10 wise have high initial rates of operation or complete dis11 tribution of appropriations at the beginning of fiscal year 

12 2017 because of distributions of funding to States, foreign 

13 countries, grantees, or others, such high initial rates of oper14 ation or complete distribution shall not be made, and no 

15 grants shall be awarded for such programs funded by this 

16 Act that would impinge on final funding prerogatives. 

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

18 the most limited funding action of that permitted in the 

19 Act shall be taken in order to provide for continuation of 

20 projects and activities. 

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

22 payments whose budget authority was provided in appro23 priations Acts for fiscal year 2016, and for activities under 

24 the Food and Nutrition Act of 2008, activities shall be con25 tinued at the rate to maintain program levels under current 
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1 law, under the authority and conditions provided in the 

2 applicable appropriations Act for fiscal year 2016, to be 

3 continued through the date specified in section 106(3). 

4 (b) Notwithstanding section 106, obligations for man5 datory payments due on or about the first day of any month 

6 that begins after October 2016 but not later than 30 days 

7 after the date specified in section 106(3) may continue to 

8 be made, and funds shall be available for such payments. 

9 SEC. 112. Amounts made available under section 101 

10 for civilian personnel compensation and benefits in each de11 partment and agency may be apportioned up to the rate 

12 for operations necessary to avoid furloughs within such de13 partment or agency, consistent with the applicable appro14 priations Act for fiscal year 2016, except that such author15 ity provided under this section shall not be used until after 

16 the department or agency has taken all necessary actions 

17 to reduce or defer non-personnel-related administrative ex18 penses. 

19 SEC. 113. Funds appropriated by this Act may be obli20 gated and expended notwithstanding section 10 of Public 

21 Law 91–672 (22 U.S.C. 2412), section 15 of the State De22 partment Basic Authorities Act of 1956 (22 U.S.C. 2680), 

23 section 313 of the Foreign Relations Authorization Act, Fis24 cal Years 1994 and 1995 (22 U.S.C. 6212), and section 
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1 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 

2 3094(a)(1)). 

3 SEC. 114. (a) Each amount incorporated by reference 

4 in this Act that was previously designated by the Congress 

5 for Overseas Contingency Operations/Global War on Ter6 rorism pursuant to section 251(b)(2)(A) of the Balanced 

7 Budget and Emergency Deficit Control Act of 1985 or as 

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

9 of such Act is designated by the Congress for Overseas Con10 tingency Operations/Global War on Terrorism pursuant to 

11 section 251(b)(2)(A) of such Act or as being for disaster re12 lief pursuant to section 251(b)(2)(D) of such Act, respec13 tively. 

14 (b) The reduction in section 101(b) of this Act shall 

15 not apply to— 

16 (1) amounts designated under subsection (a) of 

17 this section; 

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

19 reference to the second paragraph under the heading 

20 ‘‘Social Security Administration—Limitation on Ad21 ministrative Expenses’’ in division H of Public Law 

22 114–113; or 

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

24 reference to the paragraph under the heading ‘‘Centers 

25 for Medicare and Medicaid Services—Health Care 
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1 Fraud and Abuse Control Account’’ in division H of 

2 Public Law 114–113. 

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

4 amounts designated in subsection (a) for Overseas Contin5 gency Operations/Global War on Terrorism. 

6 SEC. 115. During the period covered by this Act, dis7 cretionary amounts appropriated for fiscal year 2017 that 

8 were provided in advance by appropriations Acts covered 

9 by section 101 of this Act shall be available in the amounts 

10 provided in such Acts, reduced by the percentage in section 

11 101(b). 

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

13 provided by section 101, and notwithstanding section 104, 

14 an additional amount is provided to the Secretary of 

15 Health and Human Services to carry out the authorizations 

16 in the Comprehensive Addiction and Recovery Act of 2016 

17 (Public Law 114–198), at a rate for operations of 

18 $17,000,000. 

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

20 section 101, and notwithstanding section 104, an additional 

21 amount is provided to the Attorney General to carry out 

22 the authorizations in the Comprehensive Addiction and Re23 covery Act of 2016 (Public Law 114–198), at a rate for 

24 operations of $20,000,000. 
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1 (c) Notwithstanding any other provision of this Act, 

2 in addition to the purposes otherwise provided for amounts 

3 that become available on October 1, 2016, under the heading 

4 ‘‘Department of Veterans Affairs—Veterans Health Admin5 istration—Medical Services’’ in division J of Public Law 

6 114–113, such amounts shall be used to implement the 

7 Jason Simcakoski Memorial and Promise Act (title IX of 

8 Public Law 114–198) and the amendments made by that 

9 Act. 

10 SEC. 117. Notwithstanding section 101, amounts are 

11 provided for ‘‘Department of Agriculture—Domestic Food 

12 Programs—Food and Nutrition Service—Commodity As13 sistance Program’’ at a rate for operations of $310,139,000, 

14 of which $236,120,000 shall be for the Commodity Supple15 mental Food Program. 

16 SEC. 118. Amounts provided by section 111 to the De17 partment of Agriculture for ‘‘Corporations—Commodity 

18 Credit Corporation Fund—Reimbursement for Net Realized 

19 Losses’’ may be used, prior to the completion of the report 

20 described in section 2 of the Act of August 17, 1961 (15 

21 U.S.C. 713a–11), to reimburse the Commodity Credit Cor22 poration for net realized losses sustained, but not previously 

23 reimbursed, as reflected in the June 2016 report of its fi24 nancial condition. 
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1 SEC. 119. Amounts made available by section 101 for 

2 ‘‘Department of Agriculture—Rural Housing Service— 

3 Rental Assistance Program’’ may be apportioned up to the 

4 rate for operations necessary to pay ongoing debt service 

5 for the multi-family direct loan programs under sections 

6 514 and 515 of the Housing Act of 1949 (42 U.S.C. 1484 

7 and 1485). 

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

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

10 by substituting the date specified in section 106(3) of this 

11 Act for ‘‘September 30, 2016’’. 

12 SEC. 121. Notwithstanding sections 101 and 102, with13 in amounts provided for ‘‘Department of Defense—Oper14 ation and Maintenance, Defense-Wide’’ and ‘‘Department 

15 of Defense—Research, Development, Test and Evaluation, 

16 Defense-Wide’’, except for amounts designated for Overseas 

17 Contingency Operations/Global War on Terrorism pursu18 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and 

19 Emergency Deficit Control Act of 1985, the Secretary of De20 fense may develop, replace, and sustain Federal Govern21 ment security and suitability background investigation in22 formation technology system requirements of the Office of 

23 Personnel Management at a rate for operations of 

24 $95,000,000. 
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1 SEC. 122. Section 1215(f)(1) of the National Defense 

2 Authorization Act for Fiscal Year 2012 (Public Law 112– 

3 81; 10 U.S.C. 113 note), as most recently amended by sec4 tion 1221 of the National Defense Authorization Act for Fis5 cal Year 2016 (Public Law 114–92), shall be applied by 

6 substituting ‘‘2017’’ for ‘‘2016’’ through the earlier of the 

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

8 the enactment of an Act authorizing appropriations for fis9 cal year 2017 for military activities of the Department of 

10 Defense. 

11 SEC. 123. (a) Funds made available by section 101 

12 for ‘‘Department of Energy—Energy Programs—Uranium 

13 Enrichment Decontamination and Decommissioning 

14 Fund’’ may be apportioned up to the rate for operations 

15 necessary to avoid disruption of continuing projects or ac16 tivities funded in this appropriation. 

17 (b) The Secretary of Energy shall notify the Commit18 tees on Appropriations of the House of Representatives and 

19 the Senate not later than 3 days after each use of the au20 thority provided in subsection (a). 

21 SEC. 124. (a) Notwithstanding any other provision of 

22 this Act, except section 106, the District of Columbia may 

23 expend local funds under the heading ‘‘District of Columbia 

24 Funds’’ for such programs and activities under the District 

25 of Columbia Appropriations Act, 2016 (title IV of division 
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1 E of Public Law 114–113) at the rate set forth under ‘‘Part 

2 A—Summary of Expenses’’ as included in the Fiscal Year 

3 2017 Local Budget Act of 2016 (D.C. Act 21–414), as modi4 fied as of the date of the enactment of this Act. 

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

6 the authority and conditions provided in the Financial 

7 Services and General Government Appropriations Act, 

8 2016 (division E of Public Law 114–113) which were ap9 plicable to the obligation or expenditure of funds by the Dis10 trict of Columbia for any program, project, or activity dur11 ing fiscal year 2016 shall apply to the obligation or expend12 iture of funds by the District of Columbia with respect to 

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

14 SEC. 125. (a) Notwithstanding section 101, amounts 

15 are provided for ‘‘General Services Administration—Ex16 penses, Presidential Transition’’ for necessary expenses to 

17 carry out the Presidential Transition Act of 1963 (3 U.S.C. 

18 102 note), at a rate for operations of $9,500,000, of which 

19 not to exceed $1,000,000 is for activities authorized by sec20 tions 3(a)(8) and 3(a)(9) of such Act: Provided, That such 

21 amounts may be transferred and credited to the ‘‘Acquisi22 tion Services Fund’’ or ‘‘Federal Buildings Fund’’ to reim23 burse obligations incurred prior to enactment of this Act 

24 for the purposes provided herein related to the Presidential 

25 election in 2016: Provided further, That amounts available 
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1 under this section shall be in addition to any other amounts 

2 available for such purposes. 

3 (b) Notwithstanding section 101, no funds are pro4 vided by this Act for ‘‘General Services Administration— 

5 Pre-Election Presidential Transition’’. 

6 SEC. 126. Notwithstanding section 101, for expenses 

7 of the Office of Administration to carry out the Presidential 

8 Transition Act of 1963, as amended, and similar expenses, 

9 in addition to amounts otherwise appropriated by law, 

10 amounts are provided to ‘‘Presidential Transition Adminis11 trative Support’’ at a rate for operations of $7,582,000: 

12 Provided, That such funds may be transferred to other ac13 counts that provide funding for offices within the Executive 

14 Office of the President and the Office of the Vice President 

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

16 SEC. 127. In addition to the amounts otherwise pro17 vided by section 101, an additional amount is provided for 

18 ‘‘District of Columbia—Federal Payment for Emergency 

19 Planning and Security Costs in the District of Columbia’’ 

20 for costs associated with the Presidential Inauguration, at 

21 a rate for operations of $19,995,000. 

22 SEC. 128. In addition to the amounts otherwise pro23 vided by section 101, an additional amount is provided for 

24 ‘‘National Archives and Records Administration—Oper25 ating Expenses’’ to carry out the Presidential transition re-
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1 sponsibilities of the Archivist of the United States under 

2 sections 2201 through 2207 of title 44, United States Code 

3 (commonly known as the ‘‘Presidential Records Act of 

4 1978’’), at a rate for operations of $4,850,000. 

5 SEC. 129. Amounts made available by section 101 for 

6 ‘‘Small Business Administration—Business Loans Pro7 gram Account’’ may be apportioned up to the rate for oper8 ations necessary to accommodate increased demand for 

9 commitments for general business loans authorized under 

10 section 7(a) of the Small Business Act (15 U.S.C. 636(a)). 

11 SEC. 130. Amounts provided by section 101 for the De12 partment of Homeland Security may be obligated in the 

13 account and budget structure set forth in the table provided 

14 by the Chief Financial Officer of the Department to the 

15 Committees on Appropriations of the Senate and the House 

16 of Representatives prior to the end of fiscal year 2016 pur17 suant to section 563(e) of the Department of Homeland Se18 curity Appropriations Act, 2016 (division F of Public Law 

19 114–113). 

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

21 for ‘‘Department of Homeland Security—U.S. Customs and 

22 Border Protection—Operations and Support’’ may be ap23 portioned up to the rate for operations necessary to main24 tain not less than the number of staff achieved on September 

25 30, 2016. 
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1 (b) Amounts made available by section 101 for ‘‘De2 partment of Homeland Security—Transportation Security 

3 Administration—Operations and Support’’ may be appor4 tioned up to the rate for operations necessary to maintain 

5 not less than the number of screeners achieved on September 

6 30, 2016. 

7 SEC. 132. The authority provided by section 831 of 

8 the Homeland Security Act of 2002 (6 U.S.C. 391) shall 

9 continue in effect through the date specified in section 

10 106(3) of this Act. 

11 SEC. 133. Section 810 of the Federal Lands Recreation 

12 Enhancement Act (16 U.S.C. 6809) is amended by striking 

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

14 SEC. 134. (a) The authority provided by subsection 

15 (m)(3) of section 8162 of the Department of Defense Appro16 priations Act, 2000 (40 U.S.C. 8903 note; Public Law 106– 

17 79) shall continue in effect through the date specified in 

18 section 106(3) of this Act. 

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

20 113 shall not apply during the period covered by this Act. 

21 SEC. 135. Notwithstanding section 101, subsection 

22 35(d) of the Mineral Leasing Act (30 U.S.C. 191(d)) shall 

23 be applied, at a rate for operations, through the date speci24 fied in section 106(3), as if the following new paragraph 

25 were added at the end— 
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1 ‘‘(5) There is appropriated to the Fee Account es2 tablished in subsection (c)(3)(B)(ii) of this section, 

3 out of any money in the Treasury not otherwise ap4 propriated, $26,000,000 for fiscal year 2017, to re5 main available until expended, for the coordination 

6 and processing of oil and gas use authorizations, to 

7 be reduced by amounts collected by the Bureau and 

8 transferred to such Fee Account pursuant to sub9 section (d)(3)(A)(ii) of this section, so as to result in 

10 a final fiscal year 2017 appropriation from the gen11 eral fund estimated at not more than $0.’’. 

12 SEC. 136. In addition to the amounts otherwise pro13 vided by section 101, an additional amount is provided for 

14 ‘‘Department of the Interior—National Park Service—Op15 eration of the National Park System’’ for security and vis16 itor safety activities related to the Presidential Inaugural 

17 Ceremonies, at a rate for operations of $4,200,000. 

18 SEC. 137. In addition to amounts otherwise made 

19 available by section 101, and notwithstanding section 104, 

20 amounts are provided for ‘‘Environmental Protection Agen21 cy—Environmental Programs and Management’’ at a rate 

22 for operations of $3,000,000, to remain available until ex23 pended, and such amounts may be apportioned up to the 

24 rate for operations needed, for necessary expenses of activi25 ties described in section 26(b)(1) of the Toxic Substances 
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1 Control Act (15 U.S.C. 2625(b)(1)): Provided, That fees col2 lected pursuant to such section of such Act and deposited 

3 in the ‘‘TSCA Service Fee Fund’’ as discretionary offsetting 

4 receipts in fiscal year 2017 shall be retained and used for 

5 necessary salaries and expenses under the above heading 

6 and shall remain available until expended: Provided fur7 ther, That the sum provided by this section of this Act from 

8 the general fund for fiscal year 2017 shall be reduced by 

9 the amount of discretionary offsetting receipts received dur10 ing fiscal year 2017, so as to result in a final fiscal year 

11 2017 appropriation from the general fund estimated at not 

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

13 amounts realized from such receipts exceed $3,000,000, 

14 those amounts in excess of $3,000,000 shall be deposited in 

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

16 receipts in fiscal year 2017, shall be retained and used for 

17 necessary salaries and expenses in this account, and shall 

18 remain available until expended: Provided further, That of 

19 the amounts provided under this heading by section 101, 

20 the Chemical Risk Review and Reduction program project 

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

22 of any fees made available, not less than the amount of ap23 propriations for that program project for fiscal year 2014. 

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

25 of 1965 (20 U.S.C. 1011c(f)) shall be applied by sub-
141 

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1 stituting the date specified in section 106(3) of this Act for 

2 ‘‘September 30, 2016’’. 

3 SEC. 139. The first proviso under the heading ‘‘Depart4 ment of Health and Human Services—Administration for 

5 Children and Families—Payments to States for the Child 

6 Care and Development Block Grant’’ in title II of division 

7 H of Public Law 114–113 shall not apply during the period 

8 covered by this Act. 

9 SEC. 140. (a) The second proviso under the heading 

10 ‘‘Department of Health and Human Services—Administra11 tion for Children and Families—Children and Families 

12 Services Programs’’ in title II of division H of Public Law 

13 114–113 shall be applied during the period covered by this 

14 Act as if the following were struck from such proviso: ‘‘, 

15 of which $141,000,000 shall be available for a cost of living 

16 adjustment notwithstanding section 640(a)(3)(A) of such 

17 Act’’. 

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

19 the heading ‘‘Department of Health and Human Services— 

20 Administration for Children and Families—Children and 

21 Families Services Programs’’ in title II of division H of 

22 Public Law 114–113 shall not be included in the calculation 

23 of the ‘‘base grant’’, as such term is used in section 

24 640(a)(7)(A) of the Head Start Act (42 U.S.C. 
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1 9835(a)(7)(A)), during the period described in section 106 

2 of this Act. 

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

4 114–113 shall be applied by substituting ‘‘in the Child En5 rollment Contingency Fund from the appropriation to the 

6 Fund for the first semi-annual allotment period for fiscal 

7 year 2017 under section 2104(n)(2)(A)(ii) of the Social Se8 curity Act’’ for ‘‘or available in the Child Enrollment Con9 tingency Fund from appropriations to the Fund under sec10 tion 2104(n)(2)(A)(i) of the Social Security Act’’; and 

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

12 shall be applied by substituting ‘‘$541,900,000’’ for 

13 ‘‘$4,678,500,000’’ and by adding at the end the following: 

14 ‘‘and of the funds made available for the purposes of car15 rying out section 2105(a)(3) of the Social Security Act, 

16 $5,669,100,000 are hereby rescinded’’. 

17 SEC. 142. Notwithstanding any other provision of this 

18 Act, there is appropriated for payment to Sami A. Takai, 

19 widow of Kyle Mark Takai, late a Representative from the 

20 State of Hawaii, $174,000. 

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

22 for ‘‘Department of Transportation—Federal Railroad Ad23 ministration—Operating Grants to the National Railroad 

24 Passenger Corporation’’ and ‘‘Department of Transpor25 tation—Federal Railroad Administration—Capital and 
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1 Debt Service Grants to the National Railroad Passenger 

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

3 structure, and under the authorities and conditions, set 

4 forth for ‘‘Department of Transportation—Federal Rail5 road Administration—Northeast Corridor Grants to the 

6 National Railroad Passenger Corporation’’ and ‘‘Depart7 ment of Transportation—Federal Railroad Administra8 tion—National Network Grants to the National Railroad 

9 Passenger Corporation’’ in H.R. 5394 and S. 2844, as in10 troduced in the One Hundred Fourteenth Congress. 

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

12 are provided for ‘‘Department of Transportation—Federal 

13 Railroad Administration—Northeast Corridor Grants to 

14 the National Railroad Passenger Corporation’’ at a rate for 

15 operations of $235,000,000, to remain available until ex16 pended, and for ‘‘Department of Transportation—Federal 

17 Railroad Administration—National Network Grants to the 

18 National Railroad Passenger Corporation’’ at a rate for op19 erations of $1,155,000,000, to remain available until ex20 pended. 

21 SEC. 144. Amounts made available by section 101 for 

22 ‘‘Maritime Administration—Maritime Security Program’’ 

23 shall be allocated at an annual rate across all vessels cov24 ered by operating agreements, as that term is used in chap25 ter 531 of title 46, United States Code, and the Secretary 
144 

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1 shall distribute equally all such funds for payments due 

2 under all operating agreements in equal amounts notwith3 standing title 46, United States Code, section 53106: Pro4 vided, That no payment shall exceed an annual rate of 

5 $3,500,000 per operating agreement. 

6 SEC. 145. (a) In addition to the amount otherwise pro7 vided by section 101 for the ‘‘Community Planning and De8 velopment, Community Development Fund’’, there is appro9 priated $500,000,000 for an additional amount for fiscal 

10 year 2016, to remain available until expended, for nec11 essary expenses for activities authorized under title I of the 

12 Housing and Community Development Act of 1974 (42 

13 U.S.C. 5301 et seq.) related to disaster relief, long-term re14 covery, restoration of infrastructure and housing, and eco15 nomic revitalization in the most impacted and distressed 

16 areas resulting from a major disaster declared in 2016, and 

17 which the disaster occurred prior to the date of enactment 

18 of this Act, pursuant to the Robert T. Stafford Disaster Re19 lief and Emergency Assistance Act (42 U.S.C. 5121 et seq.): 

20 Provided, That funds shall be awarded directly to the State 

21 or unit of general local government at the discretion of the 

22 Secretary: Provided further, That as a condition of making 

23 any grant, the Secretary shall certify in advance that such 

24 grantee has in place proficient financial controls and pro25 curement processes and has established adequate procedures 
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1 to prevent any duplication of benefits as defined by section 

2 312 of the Robert T. Stafford Disaster Relief and Emer3 gency Assistance Act (42 U.S.C. 5155), to ensure timely ex4 penditure of funds, to maintain comprehensive websites re5 garding all disaster recovery activities assisted with these 

6 funds, and to detect and prevent waste, fraud, and abuse 

7 of funds: Provided further, That prior to the obligation of 

8 funds a grantee shall submit a plan to the Secretary for 

9 approval detailing the proposed use of all funds, including 

10 criteria for eligibility and how the use of these funds will 

11 address long-term recovery and restoration of infrastructure 

12 and housing and economic revitalization in the most im13 pacted and distressed areas: Provided further, That such 

14 funds may not be used for activities reimbursable by, or 

15 for which funds are made available by, the Federal Emer16 gency Management Agency or the Army Corps of Engineers: 

17 Provided further, That funds allocated under this heading 

18 shall not be considered relevant to the non-disaster formula 

19 allocations made pursuant to section 106 of the Housing 

20 and Community Development Act of 1974 (42 U.S.C. 

21 5306): Provided further, That a State or subdivision thereof 

22 may use up to 5 percent of its allocation for administrative 

23 costs: Provided further, That in administering the funds 

24 under this heading, the Secretary of Housing and Urban 

25 Development may waive, or specify alternative require-
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1 ments for, any provision of any statute or regulation that 

2 the Secretary administers in connection with the obligation 

3 by the Secretary or the use by the recipient of these funds 

4 (except for requirements related to fair housing, non5 discrimination, labor standards, and the environment), if 

6 the Secretary finds that good cause exists for the waiver 

7 or alternative requirement and such waiver or alternative 

8 requirement would not be inconsistent with the overall pur9 pose of title I of the Housing and Community Development 

10 Act of 1974: Provided further, That, notwithstanding the 

11 preceding proviso, recipients of funds provided under this 

12 heading that use such funds to supplement Federal assist13 ance provided under section 402, 403, 404, 406, 407, or 502 

14 of the Robert T. Stafford Disaster Relief and Emergency 

15 Assistance Act (42 U.S.C. 5121 et seq.) may adopt, without 

16 review or public comment, any environmental review, ap17 proval, or permit performed by a Federal agency, and such 

18 adoption shall satisfy the responsibilities of the recipient 

19 with respect to such environmental review, approval or per20 mit: Provided further, That, notwithstanding section 

21 104(g)(2) of the Housing and Community Development Act 

22 of 1974 (42 U.S.C. 5304(g)(2)), the Secretary may, upon 

23 receipt of a request for release of funds and certification, 

24 immediately approve the release of funds for an activity 

25 or project assisted under this heading if the recipient has 
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1 adopted an environmental review, approval or permit 

2 under the preceding proviso or the activity or project is cat3 egorically excluded from review under the National Envi4 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Pro5 vided further, That the Secretary shall publish via notice 

6 in the Federal Register any waiver, or alternative require7 ment, to any statute or regulation that the Secretary ad8 ministers pursuant to title I of the Housing and Commu9 nity Development Act of 1974 no later than 5 days before 

10 the effective date of such waiver or alternative requirement: 

11 Provided further, That amounts provided under this section 

12 shall be designated by Congress as being for disaster relief 

13 pursuant to section 251(b)(2)(D) of the Balanced Budget 

14 and Emergency Deficit Control Act of 1985. 

15 (b) Unobligated balances, including recaptures and 

16 carryover, remaining from funds appropriated to the De17 partment of Housing and Urban Development for adminis18 trative costs of the Office of Community Planning and De19 velopment associated with funds appropriated to the De20 partment for specific disaster relief and related purposes 

21 and designated by Congress as an emergency requirement 

22 pursuant to a Concurrent Resolution on the Budget or the 

23 Balanced Budget and Emergency Deficit Control Act, in24 cluding information technology costs and costs for admin25 istering and overseeing such specific disaster related funds, 
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1 shall be transferred to the Program Office Salaries and Ex2 penses, Community Planning and Development account for 

3 the Department, shall remain available until expended, and 

4 may be used for such administrative costs for administering 

5 any funds appropriated to the Department for any disaster 

6 relief and related purposes in any prior or future act, not7 withstanding the purposes for which such funds were appro8 priated: Provided, That the amounts transferred pursuant 

9 to this section that were previously designated by Congress 

10 as an emergency requirement pursuant to a Concurrent 

11 Resolution on the Budget or the Balanced Budget and 

12 Emergency Deficit Control Act are designated by the Con13 gress as an emergency requirement pursuant to section 

14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

15 Deficit Control Act of 1985 and shall be transferred only 

16 if the President subsequently so designates the entire trans17 fer and transmits such designation to the Congress. 

18 (c) This section shall become effective immediately 

19 upon enactment of this Act. 

20 This division may be cited as the ‘‘Continuing Appro21 priations Act, 2017’’. 

22 DIVISION D—RESCISSIONS OF FUNDS 

23 SEC. 101. (a) Of the unobligated balances available 

24 from prior year appropriations under the heading ‘‘Depart25 ment of Commerce, Economic Development Administration, 
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1 Economic Development Assistance Programs’’ designated 

2 by the Congress as an emergency requirement pursuant to 

3 the Concurrent Resolution on the Budget or the Balanced 

4 Budget and Emergency Deficit Control Act of 1985, 

5 $10,000,000 is rescinded immediately upon enactment of 

6 this Act: Provided, That such amounts are designated by 

7 the Congress as an emergency requirement pursuant to sec8 tion 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985. 

10 (b) Of the unobligated balances available from 

11 amounts provided under the heading ‘‘Department of Com12 merce, National Oceanic and Atmospheric Administration, 

13 Operations, Research, and Facilities’’ in title II of Public 

14 Law 111–212 for responding to economic impacts of fisher15 man and fishery dependent businesses, $13,000,000 is re16 scinded immediately upon enactment of this Act: Provided, 

17 That such amounts are designated by the Congress as an 

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

19 of the Balanced Budget and Emergency Deficit Control Act 

20 of 1985. 

21 (c) Of the unobligated balances available from amounts 

22 provided under the heading ‘‘Department of Homeland Se23 curity, Office of the Secretary and Executive Management’’ 

24 in Public Law 109–148, $279,045 is rescinded immediately 

25 upon enactment of this Act: Provided, That such amounts 
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† HR 5325 EAS 

1 are designated by the Congress as an emergency require2 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

3 Budget and Emergency Deficit Control Act of 1985. 

4 (d) Of the unobligated balances available under the 

5 heading ‘‘Department of Homeland Security, U.S. Customs 

6 and Border Protection, Salaries and Expenses’’ from emer7 gency funds in Public Law 107–206 and earlier laws trans8 ferred to the Department of Homeland Security when it was 

9 created in 2003, $39,246 is rescinded immediately upon en10 actment of this Act: Provided, That such amounts are des11 ignated by the Congress as an emergency requirement pur12 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 

13 Emergency Deficit Control Act of 1985. 

14 (e) Of the unobligated balances available from amounts 

15 provided under the heading ‘‘Department of Homeland Se16 curity, United States Coast Guard, Acquisition, Construc17 tion, and Improvements’’ in Public Law 110–329, Public 

18 Law 109–148 and Public Law 109–234, $48,075,920 is re19 scinded immediately upon enactment of this Act: Provided, 

20 That such amounts are designated by the Congress as an 

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

22 of the Balanced Budget and Emergency Deficit Control Act 

23 of 1985. 

24 (f) Of the unobligated balances available under the 

25 heading ‘‘Department of Homeland Security, Federal 
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1 Emergency Management Agency, Administrative and Re2 gional Operations’’ in Public Law 109–234, $731,790 is re3 scinded immediately upon enactment of this Act: Provided, 

4 That such amounts are designated by the Congress as an 

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

6 of the Balanced Budget and Emergency Deficit Control Act 

7 of 1985. 

8 (g) Of the unobligated amounts made available under 

9 section 1323(c)(1) of the Patient Protection and Affordable 

10 Care Act (42 U.S.C. 18043(c)(1)), $168,100,000 is rescinded 

11 immediately upon enactment of this Act. 

12 (h) Of the unobligated balances available under the 

13 heading ‘‘Operating Expenses’’ in title IX of the Depart14 ment of State, Foreign Operations, and Related Programs 

15 Appropriations Act, 2015 (division J of Public Law 113– 

16 235), $7,522,000 is rescinded immediately upon enactment 

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

18 by the Congress as an emergency requirement pursuant to 

19 section 251(b)(2)(A)(i) of the Balanced Budget and Emer20 gency Deficit Control Act of 1985. 

21 (i) Of the unobligated balances of appropriations made 

22 available under the heading ‘‘Bilateral Economic Assist23 ance, Funds Appropriated to the President’’ in title IX of 

24 the Department of State, Foreign Operations, and Related 

25 Programs Appropriations Act, 2015 (division J of Public 
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1 Law 113–235), $109,478,000 is rescinded immediately 

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

3 are designated by the Congress as an emergency require4 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

5 Budget and Emergency Deficit Control Act of 1985. 

6 (j) Of the unobligated balances available from amounts 

7 provided under the heading ‘‘Department of Transpor8 tation, Federal Aviation Administration, Facilities and 

9 Equipment’’ in Public Law 109–148, $4,384,920 is re10 scinded immediately upon enactment of this Act: Provided, 

11 That such amounts are designated by the Congress as an 

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

13 of the Balanced Budget and Emergency Deficit Control Act 

14 of 1985. 

15 (k) Of the unobligated balances available from 

16 amounts provided under the heading ‘‘Department of 

17 Transportation, Federal Aviation Administration, Facili18 ties and Equipment’’ in Public Law 102–368, $990,277 is 

19 rescinded immediately upon enactment of this Act: Pro20 vided, That such amounts are designated by the Congress 

21 as an emergency requirement pursuant to section 

22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985. 

24 (l) Of the unobligated balances available to the Depart25 ment of Transportation from amounts provided under sec-
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1 tion 108 of Public Law 101–130, $37,400,000 is rescinded 

2 immediately upon enactment of this Act: Provided, That 

3 such amounts are designated by the Congress as an emer4 gency requirement pursuant to section 251(b)(2)(A)(i) of 

5 the Balanced Budget and Emergency Deficit Control Act 

6 of 1985. 

Attest: 

Secretary. 
114TH CONGRESS 

2D SESSION H.R. 5325 

AMENDMENT