IE 

114TH CONGRESS 

2D SESSION H. R. 2577 

Making appropriations for the Departments of Transportation, and Housing 

and Urban Development, and related agencies for the fiscal year ending 

September 30, 2016, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2016 

Ordered to be printed with the amendment of the Senate 

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

AN ACT 

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

2016, and for other purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Transportation, and Housing and Urban 

6 Development, and related agencies for the fiscal year end7 ing September 30, 2016, and for other purposes, namely: 


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1 TITLE I 

2 DEPARTMENT OF TRANSPORTATION 

3 OFFICE OF THE SECRETARY

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of the Secretary, 

6 $105,000,000 (reduced by $3,000,000) (reduced by 

7 $500,000) (reduced by $4,000,000) (reduced by 

8 $4,000,000), of which not to exceed $2,734,000 shall be 

9 available for the immediate Office of the Secretary; not 

10 to exceed $1,025,000 shall be available for the immediate 

11 Office of the Deputy Secretary; not to exceed $20,066,000 

12 (reduced by $2,000,000) shall be available for the Office 

13 of the General Counsel; not to exceed $9,310,000 (reduced 

14 by $1,000,000) (reduced by $500,000) shall be available 

15 for the Office of the Under Secretary of Transportation 

16 for Policy; not to exceed $12,808,000 (reduced by 

17 $4,000,000) (reduced by $1,000,000) shall be available for 

18 the Office of the Assistant Secretary for Budget and Pro19 grams; not to exceed $2,500,000 (reduced by $250,000) 

20 shall be available for the Office of the Assistant Secretary 

21 for Governmental Affairs; not to exceed $26,029,000 (re22 duced by $500,000) (reduced by $2,000,000) shall be 

23 available for the Office of the Assistant Secretary for Ad24 ministration; not to exceed $2,029,000 shall be available 

25 for the Office of Public Affairs; not to exceed $1,769,000 


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1 (reduced by $250,000) shall be available for the Office of 

2 the Executive Secretariat; not to exceed $10,793,000 shall 

3 be available for the Office of Intelligence, Security, and 

4 Emergency Response; and not to exceed $15,937,000 shall 

5 be available for the Office of the Chief Information Offi6 cer: Provided, That the Secretary of Transportation is au7 thorized to transfer funds appropriated for any office of 

8 the Office of the Secretary to any other office of the Office 

9 of the Secretary: Provided further, That no appropriation 

10 for any office shall be increased or decreased by more than 

11 5 percent by all such transfers: Provided further, That no12 tice of any change in funding greater than 5 percent shall 

13 be submitted for approval to the House and Senate Com14 mittees on Appropriations: Provided further, That not to 

15 exceed $60,000 shall be for allocation within the Depart16 ment for official reception and representation expenses as 

17 the Secretary may determine: Provided further, That not18 withstanding any other provision of law, excluding fees au19 thorized in Public Law 107–71, there may be credited to 

20 this appropriation up to $2,500,000 in funds received in 

21 user fees: Provided further, That none of the funds pro22 vided in this Act shall be available for the position of As23 sistant Secretary for Public Affairs. 


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1 RESEARCH AND TECHNOLOGY

2 For necessary expenses related to the Office of the 

3 Assistant Secretary for Research and Technology, 

4 $11,386,000, of which $8,218,000 shall remain available 

5 until September 30, 2018: Provided, That there may be 

6 credited to this appropriation, to be available until ex7 pended, funds received from States, counties, municipali8 ties, other public authorities, and private sources for ex9 penses incurred for training: Provided further, That any 

10 reference in law, regulation, judicial proceedings, or else11 where to the Research and Innovative Technology Admin12 istration shall continue to be deemed to be a reference to 

13 the Office of the Assistant Secretary for Research and 

14 Technology of the Department of Transportation. 

15 NATIONAL INFRASTRUCTURE INVESTMENTS

16 (INCLUDING TRANSFER OF FUNDS)

17 For capital investments in surface transportation in18 frastructure, $100,000,000, to remain available through 

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

20 Transportation shall distribute funds provided under this 

21 heading as discretionary grants to be awarded to a State, 

22 local government, transit agency, or a collaboration among 

23 such entities on a competitive basis for projects that will 

24 have a significant impact on the Nation, a metropolitan 

25 area, or a region: Provided further, That projects eligible 


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1 for funding provided under this heading shall include, but 

2 not be limited to, highway or bridge projects eligible under 

3 title 23, United States Code; public transportation 

4 projects eligible under chapter 53 of title 49, United 

5 States Code; passenger and freight rail transportation 

6 projects; and port infrastructure investments (including 

7 inland port infrastructure and land ports of entry): Pro8 vided further, That the Secretary may use up to 20 per9 cent of the funds made available under this heading for 

10 the purpose of paying the subsidy and administrative costs 

11 of projects eligible for Federal credit assistance under 

12 chapter 6 of title 23, United States Code, if the Secretary 

13 finds that such use of the funds would advance the pur14 poses of this paragraph: Provided further, That in distrib15 uting funds provided under this heading, the Secretary 

16 shall take such measures so as to ensure an equitable geo17 graphic distribution of funds, an appropriate balance in 

18 addressing the needs of urban and rural areas, and the 

19 investment in a variety of transportation modes: Provided 

20 further, That a grant funded under this heading shall be 

21 not less than $2,000,000 and not greater than 

22 $15,000,000: Provided further, That not more than 20 

23 percent of the funds made available under this heading 

24 may be awarded to projects in a single State: Provided 

25 further, That the Federal share of the costs for which an 


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1 expenditure is made under this heading shall be, at the 

2 option of the recipient, up to 50 percent: Provided further, 

3 That the Secretary shall give priority to projects that re4 quire a contribution of Federal funds in order to complete 

5 an overall financing package: Provided further, That not 

6 less than 10 percent of the funds provided under this 

7 heading shall be for projects located in rural areas: Pro8 vided further, That for projects located in rural areas, the 

9 minimum grant size shall be $1,000,000 and the Secretary 

10 may increase the Federal share of costs above 80 percent: 

11 Provided further, That projects conducted using funds pro12 vided under this heading must comply with the require13 ments of subchapter IV of chapter 31 of title 40, United 

14 States Code: Provided further, That the Secretary shall 

15 conduct a new competition to select the grants and credit 

16 assistance awarded under this heading: Provided further, 

17 That the Secretary may retain up to $5,000,000 of the 

18 funds provided under this heading, and may transfer por19 tions of those funds to the Administrators of the Federal 

20 Highway Administration, the Federal Transit Administra21 tion, the Federal Railroad Administration and the Mari22 time Administration, to fund the award and oversight of 

23 grants and credit assistance made under the National In24 frastructure Investments program. 


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1 FINANCIAL MANAGEMENT CAPITAL

2 For necessary expenses for upgrading and enhancing 

3 the Department of Transportation’s financial systems and 

4 re-engineering business processes, $1,000,000, to remain 

5 available through September 30, 2017. 

6 CYBER SECURITY INITIATIVES

7 For necessary expenses for cyber security initiatives, 

8 including necessary upgrades to wide area network and 

9 information technology infrastructure, improvement of 

10 network perimeter controls and identity management, 

11 testing and assessment of information technology against 

12 business, security, and other requirements, implementa13 tion of Federal cyber security initiatives and information 

14 infrastructure enhancements, implementation of enhanced 

15 security controls on network devices, and enhancement of 

16 cyber security workforce training tools, $7,000,000 to re17 main available through September 30, 2017. 

18 OFFICE OF CIVIL RIGHTS

19 For necessary expenses of the Office of Civil Rights, 

20 $9,600,000. 

21 TRANSPORTATION PLANNING, RESEARCH, AND

22 DEVELOPMENT

23 For necessary expenses for conducting transportation 

24 planning, research, systems development, development acVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\H2577.PP H2577

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1 tivities, and making grants, to remain available until ex2 pended, $5,976,000. 

3 WORKING CAPITAL FUND

4 For necessary expenses for operating costs and cap5 ital outlays of the Working Capital Fund, not to exceed 

6 $181,500,000 shall be paid from appropriations made 

7 available to the Department of Transportation: Provided, 

8 That such services shall be provided on a competitive basis 

9 to entities within the Department of Transportation: Pro10 vided further, That the above limitation on operating ex11 penses shall not apply to non-DOT entities: Provided fur12 ther, That no funds appropriated in this Act to an agency 

13 of the Department shall be transferred to the Working 

14 Capital Fund without majority approval of the Working 

15 Capital Fund Steering Committee and approval of the 

16 Secretary: Provided further, That no assessments may be 

17 levied against any program, budget activity, subactivity or 

18 project funded by this Act unless notice of such assess19 ments and the basis therefor are presented to the House 

20 and Senate Committees on Appropriations and are ap21 proved by such Committees. 

22 MINORITY BUSINESS RESOURCE CENTER PROGRAM

23 For the cost of guaranteed loans, $336,000, as au24 thorized by 49 U.S.C. 332: Provided, That such costs, in25 cluding the cost of modifying such loans, shall be as deVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\H2577.PP H2577

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1 fined in section 502 of the Congressional Budget Act of 

2 1974: Provided further, That these funds are available to 

3 subsidize total loan principal, any part of which is to be 

4 guaranteed, not to exceed $18,367,000. 

5 In addition, for administrative expenses to carry out 

6 the guaranteed loan program, $597,000. 

7 SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND

8 OUTREACH

9 For necessary expenses for small and disadvantaged 

10 business utilization and outreach activities, $4,518,000, to 

11 remain available until September 30, 2017: Provided, 

12 That notwithstanding 49 U.S.C. 332, these funds may be 

13 used for business opportunities related to any mode of 

14 transportation. 

15 PAYMENTS TO AIR CARRIERS

16 (AIRPORT AND AIRWAY TRUST FUND)

17 In addition to funds made available from any other 

18 source to carry out the essential air service program under 

19 49 U.S.C. 41731 through 41742, $155,000,000, to be de20 rived from the Airport and Airway Trust Fund, to remain 

21 available until expended: Provided, That in determining 

22 between or among carriers competing to provide service 

23 to a community, the Secretary may consider the relative 

24 subsidy requirements of the carriers: Provided further, 

25 That basic essential air service minimum requirements 


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1 shall not include the 15-passenger capacity requirement 

2 under subsection 41732(b)(3) of title 49, United States 

3 Code: Provided further, That none of the funds in this Act 

4 or any other Act shall be used to enter into a new contract 

5 with a community located less than 40 miles from the 

6 nearest small hub airport before the Secretary has nego7 tiated with the community over a local cost share: Pro8 vided further, That amounts authorized to be distributed 

9 for the essential air service program under subsection 

10 41742(b) of title 49, United States Code, shall be made 

11 available immediately from amounts otherwise provided to 

12 the Administrator of the Federal Aviation Administration: 

13 Provided further, That the Administrator may reimburse 

14 such amounts from fees credited to the account estab15 lished under section 45303 of title 49, United States Code. 

16 ADMINISTRATIVE PROVISIONS

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

18 Act to the Department of Transportation may be obligated 

19 for the Office of the Secretary of Transportation to ap20 prove assessments or reimbursable agreements pertaining 

21 to funds appropriated to the modal administrations in this 

22 Act, except for activities underway on the date of enact23 ment of this Act, unless such assessments or agreements 

24 have completed the normal reprogramming process for 

25 Congressional notification. 


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1 SEC. 102. Notwithstanding section 3324 of title 31, 

2 United States Code, in addition to authority provided by 

3 section 327 of title 49, United States Code, the Depart4 ment’s Working Capital Fund is hereby authorized to pro5 vide payments in advance to vendors that are necessary 

6 to carry out the Federal transit pass transportation fringe 

7 benefit program under Executive Order No. 13150 and 

8 section 3049 of Public Law 109–59: Provided, That the 

9 Department shall include adequate safeguards in the con10 tract with the vendors to ensure timely and high-quality 

11 performance under the contract. 

12 SEC. 103. The Secretary shall post on the Web site 

13 of the Department of Transportation a schedule of all 

14 meetings of the Credit Council, including the agenda for 

15 each meeting, and require the Credit Council to record the 

16 decisions and actions of each meeting. 

17 SEC. 104. In addition to authority provided by section 

18 327 of title 49, United States Code, the Department’s 

19 Working Capital Fund is hereby authorized to provide 

20 partial or full payments in advance and accept subsequent 

21 reimbursements from all Federal agencies for transit ben22 efit distribution services that are necessary to carry out 

23 the Federal transit pass transportation fringe benefit pro24 gram under Executive Order No. 13150 and section 3049 

25 of Public Law 109–59: Provided, That the Department 


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1 shall maintain a reasonable operating reserve in the Work2 ing Capital Fund, to be expended in advance to provide 

3 uninterrupted transit benefits to Government employees, 

4 provided that such reserve will not exceed one month of 

5 benefits payable: Provided further, that such reserve may 

6 be used only for the purpose of providing for the continu7 ation of transit benefits, provided that the Working Cap8 ital Fund will be fully reimbursed by each customer agen9 cy for the actual cost of the transit benefit. 

10 FEDERAL AVIATION ADMINISTRATION

11 OPERATIONS

12 (AIRPORT AND AIRWAY TRUST FUND)

13 For necessary expenses of the Federal Aviation Ad14 ministration, not otherwise provided for, including oper15 ations and research activities related to commercial space 

16 transportation, administrative expenses for research and 

17 development, establishment of air navigation facilities, the 

18 operation (including leasing) and maintenance of aircraft, 

19 subsidizing the cost of aeronautical charts and maps sold 

20 to the public, lease or purchase of passenger motor vehi21 cles for replacement only, in addition to amounts made 

22 available by Public Law 112–95, $9,847,700,000 (reduced 

23 by $3,000,000) of which $8,831,250,000 shall be derived 

24 from the Airport and Airway Trust Fund, of which not 

25 to exceed $7,505,293,000 shall be available for air traffic 


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1 organization activities; not to exceed $1,258,411,000 shall 

2 be available for aviation safety activities; not to exceed 

3 $16,605,000 (increased by $250,000) shall be available for 

4 commercial space transportation activities; not to exceed 

5 $725,000,000 (reduced by $3,000,000) (reduced by 

6 $250,000) shall be available for finance and management 

7 activities; not to exceed $60,089,000 shall be available for 

8 NextGen and operations planning activities; and not to ex9 ceed $282,302,000 shall be available for staff offices: Pro10 vided, That not to exceed 2 percent of any budget activity, 

11 except for aviation safety budget activity, may be trans12 ferred to any budget activity under this heading: Provided 

13 further, That no transfer may increase or decrease any ap14 propriation by more than 2 percent: Provided further, 

15 That any transfer in excess of 2 percent shall be treated 

16 as a reprogramming of funds under section 405 of this 

17 Act and shall not be available for obligation or expenditure 

18 except in compliance with the procedures set forth in that 

19 section: Provided further, That not later than March 31 

20 of each fiscal year hereafter, the Administrator of the Fed21 eral Aviation Administration shall transmit to Congress 

22 an annual update to the report submitted to Congress in 

23 December 2004 pursuant to section 221 of Public Law 

24 108–176: Provided further, That the amount herein appro25 priated shall be reduced by $100,000 for each day after 


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1 March 31 that such report has not been submitted to the 

2 Congress: Provided further, That not later than March 31 

3 of each fiscal year hereafter, the Administrator shall 

4 transmit to Congress a companion report that describes 

5 a comprehensive strategy for staffing, hiring, and training 

6 flight standards and aircraft certification staff in a format 

7 similar to the one utilized for the controller staffing plan, 

8 including stated attrition estimates and numerical hiring 

9 goals by fiscal year: Provided further, That the amount 

10 herein appropriated shall be reduced by $100,000 per day 

11 for each day after March 31 that such report has not been 

12 submitted to Congress: Provided further, That funds may 

13 be used to enter into a grant agreement with a nonprofit 

14 standard-setting organization to assist in the development 

15 of aviation safety standards: Provided further, That none 

16 of the funds in this Act shall be available for new appli17 cants for the second career training program: Provided 

18 further, That none of the funds in this Act shall be avail19 able for the Federal Aviation Administration to finalize 

20 or implement any regulation that would promulgate new 

21 aviation user fees not specifically authorized by law after 

22 the date of the enactment of this Act: Provided further, 

23 That there may be credited to this appropriation as offset24 ting collections funds received from States, counties, mu25 nicipalities, foreign authorities, other public authorities, 


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1 and private sources for expenses incurred in the provision 

2 of agency services, including receipts for the maintenance 

3 and operation of air navigation facilities, and for issuance, 

4 renewal or modification of certificates, including airman, 

5 aircraft, and repair station certificates, or for tests related 

6 thereto, or for processing major repair or alteration forms: 

7 Provided further, That of the funds appropriated under 

8 this heading, not less than $154,400,000 shall be for the 

9 contract tower program, including the contract tower cost 

10 share program: Provided further, That none of the funds 

11 in this Act for aeronautical charting and cartography are 

12 available for activities conducted by, or coordinated 

13 through, the Working Capital Fund. 

14 FACILITIES AND EQUIPMENT

15 (AIRPORT AND AIRWAY TRUST FUND)

16 For necessary expenses, not otherwise provided for, 

17 for acquisition, establishment, technical support services, 

18 improvement by contract or purchase, and hire of national 

19 airspace systems and experimental facilities and equip20 ment, as authorized under part A of subtitle VII of title 

21 49, United States Code, including initial acquisition of 

22 necessary sites by lease or grant; engineering and service 

23 testing, including construction of test facilities and acqui24 sition of necessary sites by lease or grant; construction 

25 and furnishing of quarters and related accommodations 


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1 for officers and employees of the Federal Aviation Admin2 istration stationed at remote localities where such accom3 modations are not available; and the purchase, lease, or 

4 transfer of aircraft from funds available under this head5 ing, including aircraft for aviation regulation and certifi6 cation; to be derived from the Airport and Airway Trust 

7 Fund, $2,500,000,000 (increased by $3,000,000), of 

8 which $460,000,000 shall remain available until Sep9 tember 30, 2016, and $2,040,000,000 (increased by 

10 $3,000,000) shall remain available until September 30, 

11 2018: Provided, That there may be credited to this appro12 priation funds received from States, counties, municipali13 ties, other public authorities, and private sources, for ex14 penses incurred in the establishment, improvement, and 

15 modernization of national airspace systems: Provided fur16 ther, That upon initial submission to the Congress of the 

17 fiscal year 2017 President’s budget, the Secretary of 

18 Transportation shall transmit to the Congress a com19 prehensive capital investment plan for the Federal Avia20 tion Administration which includes funding for each budg21 et line item for fiscal years 2017 through 2021, with total 

22 funding for each year of the plan constrained to the fund23 ing targets for those years as estimated and approved by 

24 the Office of Management and Budget: Provided further, 

25 That the amount herein appropriated shall be reduced by 


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1 $100,000 per day for each day after the initial submission 

2 of the fiscal year 2017 President’s budget that such report 

3 has not been submitted to Congress. 

4 RESEARCH, ENGINEERING, AND DEVELOPMENT

5 (AIRPORT AND AIRWAY TRUST FUND)

6 For necessary expenses, not otherwise provided for, 

7 for research, engineering, and development, as authorized 

8 under part A of subtitle VII of title 49, United States 

9 Code, including construction of experimental facilities and 

10 acquisition of necessary sites by lease or grant, 

11 $156,750,000, to be derived from the Airport and Airway 

12 Trust Fund and to remain available until September 30, 

13 2018: Provided, That there may be credited to this appro14 priation as offsetting collections, funds received from 

15 States, counties, municipalities, other public authorities, 

16 and private sources, which shall be available for expenses 

17 incurred for research, engineering, and development. 

18 GRANTS-IN-AID FOR AIRPORTS

19 (LIQUIDATION OF CONTRACT AUTHORIZATION)

20 (LIMITATION ON OBLIGATIONS)

21 (AIRPORT AND AIRWAY TRUST FUND)

22 For liquidation of obligations incurred for grants-in23 aid for airport planning and development, and noise com24 patibility planning and programs as authorized under sub25 chapter I of chapter 471 and subchapter I of chapter 475 


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1 of title 49, United States Code, and under other law au2 thorizing such obligations; for procurement, installation, 

3 and commissioning of runway incursion prevention devices 

4 and systems at airports of such title; for grants authorized 

5 under section 41743 of title 49, United States Code; and 

6 for inspection activities and administration of airport safe7 ty programs, including those related to airport operating 

8 certificates under section 44706 of title 49, United States 

9 Code, $3,600,000,000, to be derived from the Airport and 

10 Airway Trust Fund and to remain available until ex11 pended: Provided, That none of the funds under this head12 ing shall be available for the planning or execution of pro13 grams the obligations for which are in excess of 

14 $3,350,000,000 in fiscal year 2016, notwithstanding sec15 tion 47117(g) of title 49, United States Code: Provided 

16 further, That none of the funds under this heading shall 

17 be available for the replacement of baggage conveyor sys18 tems, reconfiguration of terminal baggage areas, or other 

19 airport improvements that are necessary to install bulk ex20 plosive detection systems: Provided further, That notwith21 standing any other provision of law, of funds limited under 

22 this heading, not more than $107,100,000 shall be obli23 gated for administration, not less than $15,000,000 shall 

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1 gram, and not less than $31,000,000 shall be available 

2 for Airport Technology Research. 

3 ADMINISTRATIVE PROVISIONS

4 SEC. 110. None of the funds in this Act may be used 

5 to compensate in excess of 600 technical staff-years under 

6 the federally funded research and development center con7 tract between the Federal Aviation Administration and the 

8 Center for Advanced Aviation Systems Development dur9 ing fiscal year 2016. 

10 SEC. 111. None of the funds in this Act shall be used 

11 to pursue or adopt guidelines or regulations requiring air12 port sponsors to provide to the Federal Aviation Adminis13 tration without cost building construction, maintenance, 

14 utilities and expenses, or space in airport sponsor-owned 

15 buildings for services relating to air traffic control, air 

16 navigation, or weather reporting: Provided, That the pro17 hibition of funds in this section does not apply to negotia18 tions between the agency and airport sponsors to achieve 

19 agreement on below-market rates for these items or to 

20 grant assurances that require airport sponsors to provide 

21 land without cost to the FAA for air traffic control facili22 ties. 

23 SEC. 112. The Administrator of the Federal Aviation 

24 Administration may reimburse amounts made available to 

25 satisfy 49 U.S.C. 41742(a)(1) from fees credited under 


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1 49 U.S.C. 45303 and any amount remaining in such ac2 count at the close of that fiscal year may be made available 

3 to satisfy section 41742(a)(1) for the subsequent fiscal 

4 year. 

5 SEC. 113. Amounts collected under section 40113(e) 

6 of title 49, United States Code, shall be credited to the 

7 appropriation current at the time of collection, to be 

8 merged with and available for the same purposes of such 

9 appropriation. 

10 SEC. 114. None of the funds in this Act shall be avail11 able for paying premium pay under subsection 5546(a) of 

12 title 5, United States Code, to any Federal Aviation Ad13 ministration employee unless such employee actually per14 formed work during the time corresponding to such pre15 mium pay. 

16 SEC. 115. None of the funds in this Act may be obli17 gated or expended for an employee of the Federal Aviation 

18 Administration to purchase a store gift card or gift certifi19 cate through use of a Government-issued credit card. 

20 SEC. 116. None of the funds in this Act may be obli21 gated or expended for retention bonuses for an employee 

22 of the Federal Aviation Administration without the prior 

23 written approval of the Assistant Secretary for Adminis24 tration of the Department of Transportation. 


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1 SEC. 117. Notwithstanding any other provision of 

2 law, none of the funds made available under this Act or 

3 any prior Act may be used to implement or to continue 

4 to implement any limitation on the ability of any owner 

5 or operator of a private aircraft to obtain, upon a request 

6 to the Administrator of the Federal Aviation Administra7 tion, a blocking of that owner’s or operator’s aircraft reg8 istration number from any display of the Federal Aviation 

9 Administration’s Aircraft Situational Display to Industry 

10 data that is made available to the public, except data made 

11 available to a Government agency, for the noncommercial 

12 flights of that owner or operator. 

13 SEC. 118. None of the funds in this Act shall be avail14 able for salaries and expenses of more than nine political 

15 and Presidential appointees in the Federal Aviation Ad16 ministration. 

17 SEC. 119. None of the funds made available under 

18 this Act may be used to increase fees pursuant to section 

19 44721 of title 49, United States Code, until the FAA pro20 vides to the House and Senate Committees on Appropria21 tions a report that justifies all fees related to aeronautical 

22 navigation products and explains how such fees are con23 sistent with Executive Order No. 13642. 

24 SEC. 119A. None of the funds in this Act may be 

25 used to close a regional operations center of the Federal 


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1 Aviation Administration or reduce its services unless the 

2 Administrator notifies the House and Senate Committees 

3 on Appropriations not less than 90 full business days in 

4 advance. 

5 SEC. 119B. None of the funds appropriated or lim6 ited by this Act may be used to change weight restrictions 

7 or prior permission rules at Teterboro airport in 

8 Teterboro, New Jersey. 

9 FEDERAL HIGHWAY ADMINISTRATION

10 LIMITATION ON ADMINISTRATIVE EXPENSES

11 (HIGHWAY TRUST FUND)

12 (INCLUDING TRANSFER OF FUNDS)

13 Contingent upon enactment of authorization legisla14 tion, not to exceed $426,100,000, together with advances 

15 and reimbursements received by the Federal Highway Ad16 ministration, shall be obligated for necessary expenses for 

17 administration and operation of the Federal Highway Ad18 ministration. In addition, not to exceed $3,248,000 shall 

19 be transferred to the Appalachian Regional Commission 

20 in accordance with section 104 of title 23, United States 

21 Code. 


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1 FEDERAL-AID HIGHWAYS

2 (LIMITATION ON OBLIGATIONS)

3 (HIGHWAY TRUST FUND)

4 Contingent upon enactment of authorization legisla5 tion, funds available for the implementation or execution 

6 of Federal-aid highway and highway safety construction 

7 programs authorized under titles 23 and 49, United States 

8 Code, and the provisions of such authorization legislation 

9 shall not exceed total obligations of $40,256,000,000 for 

10 fiscal year 2016: Provided, That the Secretary may collect 

11 and spend fees, as authorized by title 23, United States 

12 Code, to cover the costs of services of expert firms, includ13 ing counsel, in the field of municipal and project finance 

14 to assist in the underwriting and servicing of Federal cred15 it instruments and all or a portion of the costs to the Fed16 eral Government of servicing such credit instruments: Pro17 vided further, That such fees are available until expended 

18 to pay for such costs: Provided further, That such amounts 

19 are in addition to administrative expenses that are also 

20 available for such purpose, and are not subject to any obli21 gation limitation or the limitation on administrative ex22 penses under section 608 of title 23, United States Code. 


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1 (LIQUIDATION OF CONTRACT AUTHORIZATION)

2 (HIGHWAY TRUST FUND)

3 Contingent upon enactment of authorization legisla4 tion, for the payment of obligations incurred in carrying 

5 out Federal-aid highway and highway safety construction 

6 programs authorized under title 23, United States Code, 

7 $40,995,000,000 derived from the Highway Trust Fund 

8 (other than the Mass Transit Account), to remain avail9 able until expended. 

10 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

11 ADMINISTRATION

12 SEC. 120. Contingent upon enactment of authoriza13 tion legislation: 

14 (a) For fiscal year 2016, the Secretary of Transpor15 tation shall— 

16 (1) not distribute from the obligation limitation 

17 for Federal-aid highways— 

18 (A) amounts authorized for administrative 

19 expenses and programs by section 104(a) of 

20 title 23, United States Code; and 

21 (B) amounts authorized for the Bureau of 

22 Transportation Statistics; 

23 (2) not distribute an amount from the obliga24 tion limitation for Federal-aid highways that is equal 

25 to the unobligated balance of amounts— 


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1 (A) made available from the Highway 

2 Trust Fund (other than the Mass Transit Ac3 count) for Federal-aid highway and highway 

4 safety construction programs for previous fiscal 

5 years the funds for which are allocated by the 

6 Secretary (or apportioned by the Secretary 

7 under sections 202 or 204 of title 23, United 

8 States Code); and 

9 (B) for which obligation limitation was 

10 provided in a previous fiscal year; 

11 (3) determine the proportion that— 

12 (A) the obligation limitation for Federal13 aid highways, less the aggregate of amounts not 

14 distributed under paragraphs (1) and (2) of 

15 this subsection; bears to 

16 (B) the total of the sums authorized to be 

17 appropriated for the Federal-aid highway and 

18 highway safety construction programs (other 

19 than sums authorized to be appropriated for 

20 provisions of law described in paragraphs (1) 

21 through (11) of subsection (b) and sums au22 thorized to be appropriated for section 119 of 

23 title 23, United States Code, equal to the 

24 amount referred to in subsection (b)(12) for 

25 such fiscal year), less the aggregate of the 


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1 amounts not distributed under paragraphs (1) 

2 and (2) of this subsection; 

3 (4) distribute the obligation limitation for Fed4 eral-aid highways, less the aggregate amounts not 

5 distributed under paragraphs (1) and (2), for each 

6 of the programs (other than programs to which 

7 paragraph (1) applies) that are allocated by the Sec8 retary under such authorization legislation and title 

9 23, United States Code, or apportioned by the Sec10 retary under sections 202 or 204 of that title, by 

11 multiplying— 

12 (A) the proportion determined under para13 graph (3); by 

14 (B) the amounts authorized to be appro15 priated for each such program for such fiscal 

16 year; and 

17 (5) distribute the obligation limitation for Fed18 eral-aid highways, less the aggregate amounts not 

19 distributed under paragraphs (1) and (2) and the 

20 amounts distributed under paragraph (4), for Fed21 eral-aid highway and highway safety construction 

22 programs that are apportioned by the Secretary 

23 under such authorization legislation or title 23, 

24 United States Code (other than the amounts appor25 tioned for the National Highway Performance ProVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6401 E:\BILLS\H2577.PP H2577

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1 gram in section 119 of title 23, United States Code, 

2 that are exempt from the limitation under subsection 

3 (b)(12) and the amounts apportioned under sections 

4 202 and 204 of that title) in the proportion that— 

5 (A) amounts authorized to be appropriated 

6 for the programs that are apportioned under 

7 title 23, United States Code, or such authoriza8 tion legislation to each State for such fiscal 

9 year; bears to 

10 (B) the total of the amounts authorized to 

11 be appropriated for the programs that are ap12 portioned under title 23, United States Code, or 

13 such authorization legislation to all States for 

14 such fiscal year. 

15 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

16 The obligation limitation for Federal-aid highways shall 

17 not apply to obligations under or for— 

18 (1) section 125 of title 23, United States Code; 

19 (2) section 147 of the Surface Transportation 

20 Assistance Act of 1978 (23 U.S.C. 144 note; 92 

21 Stat. 2714); 

22 (3) section 9 of the Federal-Aid Highway Act 

23 of 1981 (95 Stat. 1701); 


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1 (4) subsections (b) and (j) of section 131 of the 

2 Surface Transportation Assistance Act of 1982 (96 

3 Stat. 2119); 

4 (5) subsections (b) and (c) of section 149 of the 

5 Surface Transportation and Uniform Relocation As6 sistance Act of 1987 (101 Stat. 198); 

7 (6) sections 1103 through 1108 of the Inter8 modal Surface Transportation Efficiency Act of 

9 1991 (105 Stat. 2027); 

10 (7) section 157 of title 23, United States Code 

11 (as in effect on June 8, 1998); 

12 (8) section 105 of title 23, United States Code 

13 (as in effect for fiscal years 1998 through 2004, but 

14 only in an amount equal to $639,000,000 for each 

15 of those fiscal years); 

16 (9) Federal-aid highway programs for which ob17 ligation authority was made available under the 

18 Transportation Equity Act for the 21st Century 

19 (112 Stat. 107) or subsequent Acts for multiple 

20 years or to remain available until expended, but only 

21 to the extent that the obligation authority has not 

22 lapsed or been used; 

23 (10) section 105 of title 23, United States Code 

24 (as in effect for fiscal years 2005 through 2012, but 


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1 only in an amount equal to $639,000,000 for each 

2 of those fiscal years); 

3 (11) section 1603 of SAFETEA–LU (23 

4 U.S.C. 118 note; 119 Stat. 1248), to the extent that 

5 funds obligated in accordance with that section were 

6 not subject to a limitation on obligations at the time 

7 at which the funds were initially made available for 

8 obligation; and 

9 (12) section 119 of title 23, United States Code 

10 (but, for each of fiscal years 2013 through 2016, 

11 only in an amount equal to $639,000,000). 

12 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU13 THORITY.—Notwithstanding subsection (a), the Secretary 

14 shall, after August 1 of such fiscal year— 

15 (1) revise a distribution of the obligation limita16 tion made available under subsection (a) if an 

17 amount distributed cannot be obligated during that 

18 fiscal year; and 

19 (2) redistribute sufficient amounts to those 

20 States able to obligate amounts in addition to those 

21 previously distributed during that fiscal year, giving 

22 priority to those States having large unobligated bal23 ances of funds apportioned under sections 144 (as in 

24 effect on the day before the date of enactment of 


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1 Public Law 112–141) and 104 of title 23, United 

2 States Code. 

3 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

4 TRANSPORTATION RESEARCH PROGRAMS.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the obligation limitation for Federal-aid 

7 highways shall apply to contract authority for trans8 portation research programs carried out under— 

9 (A) chapter 5 of title 23, United States 

10 Code; and 

11 (B) the transportation research programs 

12 sections of such authorization legislation. 

13 (2) EXCEPTION.—Obligation authority made 

14 available under paragraph (1) shall— 

15 (A) remain available for a period of 4 fis16 cal years; and 

17 (B) be in addition to the amount of any 

18 limitation imposed on obligations for Federal19 aid highway and highway safety construction 

20 programs for future fiscal years. 

21 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

22 FUNDS.— 

23 (1) IN GENERAL.—Not later than 30 days after 

24 the date of distribution of obligation limitation 

25 under subsection (a), the Secretary shall distribute 


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1 to the States any funds (excluding funds authorized 

2 for the program under section 202 of title 23, 

3 United States Code) that— 

4 (A) are authorized to be appropriated for 

5 such fiscal year for Federal-aid highway pro6 grams; and 

7 (B) the Secretary determines will not be 

8 allocated to the States (or will not be appor9 tioned to the States under section 204 of title 

10 23, United States Code), and will not be avail11 able for obligation, for such fiscal year because 

12 of the imposition of any obligation limitation for 

13 such fiscal year. 

14 (2) RATIO.—Funds shall be distributed under 

15 paragraph (1) in the same proportion as the dis16 tribution of obligation authority under subsection 

17 (a)(5). 

18 (3) AVAILABILITY.—Funds distributed to each 

19 State under paragraph (1) shall be available for any 

20 purpose described in section 133(b) of title 23, 

21 United States Code. 

22 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re23 ceived by the Bureau of Transportation Statistics from the 

24 sale of data products, for necessary expenses incurred pur25 suant to chapter 63 of title 49, United States Code, may 


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1 be credited to the Federal-aid highways account for the 

2 purpose of reimbursing the Bureau for such expenses: 

3 Provided, That such funds shall be subject to the obliga4 tion limitation for Federal-aid highway and highway safety 

5 construction programs. 

6 SEC. 122. Not less than 15 days prior to waiving, 

7 under his or her statutory authority, any Buy America re8 quirement for Federal-aid highways projects, the Sec9 retary of Transportation shall make an informal public no10 tice and comment opportunity on the intent to issue such 

11 waiver and the reasons therefor: Provided, That the Sec12 retary shall provide an annual report to the House and 

13 Senate Committees on Appropriations on any waivers 

14 granted under the Buy America requirements. 

15 SEC. 123. None of the funds in this Act to the De16 partment of Transportation may be used to provide credit 

17 assistance unless not less than 3 days before any applica18 tion approval to provide credit assistance under sections 

19 603 and 604 of title 23, United States Code, the Secretary 

20 of Transportation provides notification in writing to the 

21 following committees: the House and Senate Committees 

22 on Appropriations; the Committee on Environment and 

23 Public Works and the Committee on Banking, Housing 

24 and Urban Affairs of the Senate; and the Committee on 

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1 resentatives: Provided, That such notification shall in2 clude, but not be limited to, the name of the project spon3 sor; a description of the project; whether credit assistance 

4 will be provided as a direct loan, loan guarantee, or line 

5 of credit; and the amount of credit assistance. 

6 SEC. 124. Section 127 of title 23, United States 

7 Code, is amended by adding at the end the following: 

8 ‘‘(m) LONGER COMBINATION VEHICLES IN IDAHO.— 

9 No limit or other prohibition under this section, except 

10 as provided in this subsection, applies to a longer combina11 tion vehicle operating on a segment of the Interstate Sys12 tem in the State of Idaho if such vehicle— 

13 ‘‘(1) has a gross vehicle weight of 129,000 

14 pounds or less; 

15 ‘‘(2) complies with the single axle, tandem axle, 

16 and bridge formula limits set forth in subsection (a); 

17 and 

18 ‘‘(3) is authorized to operate on such segment 

19 under Idaho State Law.’’. 

20 SEC. 125. Section 31111(b)(1)(A) of title 49, United 

21 States Code, is amended by striking ‘‘or of less than 28 

22 feet on a semitrailer or trailer operating in a truck tractor23 semitrailer-trailer combination,’’ and inserting ‘‘or, not24 withstanding section 31112, of less than 33 feet on a 


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1 semitrailer or trailer operating in a truck tractor2 semitrailer-trailer combination,’’. 

3 SEC. 126. EXEMPTION.— 

4 (a) IN GENERAL.—Section 31112(c)(5) of title 49, 

5 United States Code, is amended— 

6 (1) by striking ‘‘Nebraska may’’ and inserting 

7 ‘‘Nebraska and Kansas may’’; and 

8 (2) by striking ‘‘the State of Nebraska’’ and in9 serting ‘‘the relevant state’’. 

10 (b) CONFORMING AND TECHNICAL AMENDMENTS.— 

11 Section 31112(c) of such title is amended— 

12 (1) by striking the subsection designation and 

13 heading and inserting the following: 

14 ‘‘(c) SPECIAL RULES FOR WYOMING, OHIO, ALASKA, 

15 IOWA, NEBRASKA, AND KANSAS.—’’; 

16 (2) by striking ‘‘; and’’ at the end of paragraph 

17 (3) and inserting a semicolon; and 

18 (3) by striking the period at the end of para19 graph (4) and inserting ‘‘; and’’. 

20 SEC. 127. Section 130(e)(1) of title 23, United States 

21 Code, is amended by striking ‘‘$220,000,000’’ and insert22 ing ‘‘$350,000,000’’. 


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1 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

2 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

3 (LIQUIDATION OF CONTRACT AUTHORIZATION)

4 (LIMITATION ON OBLIGATIONS)

5 (HIGHWAY TRUST FUND)

6 Contingent upon enactment of authorization legisla7 tion, for payment of obligations incurred in the implemen8 tation, execution and administration of motor carrier safe9 ty operations and programs pursuant to section 31104(i) 

10 of title 49, United States Code, and sections 4127 and 

11 4134 of Public Law 109–59, as amended by Public Law 

12 112–141, and as extended by Public Law 113–159, 

13 $259,000,000, to be derived from the Highway Trust 

14 Fund (other than the Mass Transit Account), together 

15 with advances and reimbursements received by the Fed16 eral Motor Carrier Safety Administration, the sum of 

17 which shall remain available until expended: Provided, 

18 That funds available for implementation, execution or ad19 ministration of motor carrier safety operations and pro20 grams authorized under title 49, United States Code, and 

21 sections 4127 and 4134 of Public Law 109–59, as amend22 ed by Public Law 112–141, and as extended by Public 

23 Law 113–159, shall not exceed total obligations of 

24 $259,000,000 for ‘‘Motor Carrier Safety Operations and 

25 Programs’’ for fiscal year 2016, of which $9,000,000, to 


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1 remain available for obligation until September 30, 2018, 

2 is for the research and technology program, and of which 

3 $34,545,000, to remain available for obligation until Sep4 tember 30, 2018, is for information management: Pro5 vided further, That $1,000,000 shall be made available for 

6 commercial motor vehicle operator grants to carry out sec7 tion 4134 of Public Law 109–59, as amended by Public 

8 Law 112–141, and as extended by Public Law 113–159. 

9 MOTOR CARRIER SAFETY GRANTS

10 (LIQUIDATION OF CONTRACT AUTHORIZATION)

11 (LIMITATION ON OBLIGATIONS)

12 (HIGHWAY TRUST FUND)

13 Contingent upon enactment of authorization legisla14 tion, for payment of obligations incurred in carrying out 

15 sections 31102, 31104(a), 31106, 31107, 31109, 31309, 

16 31313 of title 49, United States Code, and sections 4126 

17 and 4128 of Public Law 109–59, as amended by Public 

18 Law 112–141, as extended by Public Law 113–159, 

19 $313,000,000, to be derived from the Highway Trust 

20 Fund (other than the Mass Transit Account) and to re21 main available until expended: Provided, That funds avail22 able for the implementation or execution of motor carrier 

23 safety programs shall not exceed total obligations of 

24 $313,000,000 in fiscal year 2016 for ‘‘Motor Carrier Safe25 ty Grants’’; of which $218,000,000 shall be available for 


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1 the motor carrier safety assistance program, $30,000,000 

2 shall be available for commercial driver’s license program 

3 improvement grants, $32,000,000 shall be available for 

4 border enforcement grants, $5,000,000 shall be available 

5 for performance and registration information system man6 agement grants, $25,000,000 shall be available for the 

7 commercial vehicle information systems and networks de8 ployment program, and $3,000,000 shall be available for 

9 safety data improvement grants: Provided further, That, 

10 of the funds made available herein for the motor carrier 

11 safety assistance program, $32,000,000 shall be available 

12 for audits of new entrant motor carriers. 

13 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR

14 CARRIER SAFETY ADMINISTRATION

15 SEC. 130. Funds appropriated or limited in this Act 

16 shall be subject to the terms and conditions stipulated in 

17 section 350 of Public Law 107–87 and section 6901 of 

18 Public Law 110–28. 

19 SEC. 131. The Federal Motor Carrier Safety Admin20 istration shall send notice of 49 CFR section 385.308 vio21 lations by certified mail, registered mail, or another man22 ner of delivery, which records the receipt of the notice by 

23 the persons responsible for the violations. 

24 SEC. 132. None of the funds appropriated or other25 wise made available by this Act or any other Act may be 


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1 used to implement, administer, or enforce sections 

2 395.3(c) and 395.3(d) of title 49, Code of Federal Regula3 tions, and such section shall have no force or effect on 

4 submission of the final report issued by the Secretary, as 

5 required by section 133 of division K of Public Law 113– 

6 235, unless the Secretary and the Inspector General of 

7 the Department of Transportation each review and deter8 mine that the final report— 

9 (1) meets the statutory requirements set forth 

10 in such section; and 

11 (2) establishes that commercial motor vehicle 

12 drivers who operated under the restart provisions in 

13 effect between July 1, 2013, and the day before the 

14 date of enactment of such Public Law demonstrated 

15 statistically significant improvement in all outcomes 

16 related to safety, operator fatigue, driver health and 

17 longevity, and work schedules, in comparison to 

18 commercial motor vehicle drivers who operated 

19 under the restart provisions in effect on June 30, 

20 2013. 

21 SEC. 133. None of the funds limited or otherwise 

22 made available under the heading ‘‘Motor Carrier Safety 

23 Operations and Programs’’ may be used to deny an appli24 cation to renew a Hazardous Materials Safety Program 

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1 ardous Materials Out-of-Service rate, unless the carrier 

2 has the opportunity to submit a written description of cor3 rective actions taken, and other documentation the carrier 

4 wishes the Secretary to consider, including submitting a 

5 corrective action plan, and the Secretary determines the 

6 actions or plan is insufficient to address the safety con7 cerns that resulted in that Hazardous Materials Out-of8 Service rate. 

9 SEC. 134. None of the funds made available by this 

10 Act may be used to develop, issue, or implement any regu11 lation that increases levels of minimum financial responsi12 bility for transporting passengers or property as in effect 

13 on January 1, 2014, under regulations issued pursuant 

14 to sections 31138 and 31139 of title 49, United States 

15 Code. 

16 SEC. 135. None of the funds made available by this 

17 Act or previous appropriations Acts under the heading 

18 ‘‘Motor Carrier Safety Operations and Programs’’ shall be 

19 used to pay for costs associated with design, development, 

20 testing, or implementation of a wireless roadside inspec21 tion program until 180 days after the Secretary of Trans22 portation certifies to the House and Senate Committees 

23 on Appropriations that such program does not conflict 

24 with existing non-Federal electronic screening systems, 

25 create capabilities already available, or require additional 


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1 statutory authority to incorporate generated inspection 

2 data into safety determinations or databases, and has re3 strictions to specifically address privacy concerns of af4 fected motor carriers and operators: Provided, That noth5 ing in this section shall be construed as affecting the De6 partment’s ongoing research efforts in this area. 

7 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

8 OPERATIONS AND RESEARCH

9 For expenses necessary to discharge the functions of 

10 the Secretary, with respect to traffic and highway safety 

11 authorized under chapter 301 and part C of subtitle VI 

12 of title 49, United States Code, $150,000,000 (increased 

13 by $4,000,000) (reduced by $1,200,000), of which 

14 $20,000,000 shall remain available through September 

15 30, 2017. 

16 OPERATIONS AND RESEARCH

17 (LIQUIDATION OF CONTRACT AUTHORIZATION)

18 (LIMITATION ON OBLIGATIONS)

19 (HIGHWAY TRUST FUND)

20 Contingent upon enactment of authorization legisla21 tion, for payment of obligations incurred in carrying out 

22 the provisions of 23 U.S.C. 403, and chapter 303 of title 

23 49, United States Code, $125,000,000, to be derived from 

24 the Highway Trust Fund (other than the Mass Transit 

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1 vided, That none of the funds in this Act shall be available 

2 for the planning or execution of programs the total obliga3 tions for which, in fiscal year 2016, are in excess of 

4 $125,000,000, of which $120,000,000 shall be for pro5 grams authorized under 23 U.S.C. 403 and $5,000,000 

6 shall be for the National Driver Register authorized under 

7 chapter 303 of title 49, United States Code: Provided fur8 ther, That within the $120,000,000 obligation limitation 

9 for operations and research, $20,000,000 shall remain 

10 available until September 30, 2017, and shall be in addi11 tion to the amount of any limitation imposed on obliga12 tions for future years: Provided further, That $6,500,000 

13 of the total obligation limitation for operations and re14 search in fiscal year 2016 shall be applied toward unobli15 gated balances of contract authority provided in prior Acts 

16 for carrying out the provisions of 23 U.S.C. 403, and 

17 chapter 303 of title 49, United States Code. 

18 HIGHWAY TRAFFIC SAFETY GRANTS

19 (LIQUIDATION OF CONTRACT AUTHORIZATION)

20 (LIMITATION ON OBLIGATIONS)

21 (HIGHWAY TRUST FUND)

22 Contingent on the enactment of authorization legisla23 tion, for payment of obligations incurred in carrying out 

24 provisions of 23 U.S.C. 402 and 405, section 2009 of Pub25 lic Law 109–59, as amended by Public Law 112–141, and 


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1 section 31101(a)(6) of Public Law 112–141, to remain 

2 available until expended, $561,500,000, to be derived from 

3 the Highway Trust Fund (other than the Mass Transit 

4 Account): Provided, That none of the funds in this Act 

5 shall be available for the planning or execution of pro6 grams the total obligations for which, in fiscal year 2016, 

7 are in excess of $561,500,000 for programs authorized 

8 under 23 U.S.C. 402 and 405, section 2009 of Public Law 

9 109–59, as amended by Public Law 112–141, and section 

10 31101(a)(6) of Public Law 112–141, of which 

11 $235,000,000 shall be for ‘‘Highway Safety Programs’’ 

12 under 23 U.S.C. 402; $272,000,000 shall be for ‘‘National 

13 Priority Safety Programs’’ under 23 U.S.C. 405; 

14 $29,000,000 shall be for the ‘‘High Visibility Enforcement 

15 Program’’ under section 2009 of Public Law 109–59, as 

16 amended by Public Law 112–141; $25,500,000 shall be 

17 for ‘‘Administrative Expenses’’ under section 31101(a)(6) 

18 of Public Law 112–141: Provided further, That none of 

19 these funds shall be used for construction, rehabilitation, 

20 or remodeling costs, or for office furnishings and fixtures 

21 for State, local or private buildings or structures: Provided 

22 further, That not to exceed $500,000 of the funds made 

23 available for ‘‘National Priority Safety Programs’’ under 

24 23 U.S.C. 405 for ‘‘Impaired Driving Countermeasures’’ 

25 (as described in subsection (d) of that section) shall be 


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1 available for technical assistance to the States: Provided 

2 further, That with respect to the ‘‘Transfers’’ provision 

3 under 23 U.S.C. 405(a)(1)(G), any amounts transferred 

4 to increase the amounts made available under section 402 

5 shall include the obligation authority for such amounts: 

6 Provided further, That the Administrator shall notify the 

7 House and Senate Committees on Appropriations of any 

8 exercise of the authority granted under the previous pro9 viso or under 23 U.S.C. 405(a)(1)(G) within 60 days. 

10 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

11 TRAFFIC SAFETY ADMINISTRATION

12 SEC. 140. An additional $130,000 shall be made 

13 available to the National Highway Traffic Safety Adminis14 tration, out of the amount limited for section 402 of title 

15 23, United States Code, to pay for travel and related ex16 penses for State management reviews and to pay for core 

17 competency development training and related expenses for 

18 highway safety staff. 

19 SEC. 141. The limitations on obligations for the pro20 grams of the National Highway Traffic Safety Adminis21 tration set in this Act shall not apply to obligations for 

22 which obligation authority was made available in previous 

23 public laws but only to the extent that the obligation au24 thority has not lapsed or been used. 


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1 SEC. 142. None of the funds in this Act shall be used 

2 to implement section 404 of title 23, United States Code. 

3 SEC. 143. None of the funds made available by this 

4 Act may be used to obligate or award funds for the Na5 tional Highway Traffic Safety Administration’s National 

6 Roadside Survey. 

7 SEC. 144. None of the funds made available by this 

8 Act may be used to mandate global positioning system 

9 (GPS) tracking in private passenger motor vehicles with10 out providing full and appropriate consideration of privacy 

11 concerns under 5 U.S.C. chapter 5, subchapter II. 

12 FEDERAL RAILROAD ADMINISTRATION

13 SAFETY AND OPERATIONS

14 For necessary expenses of the Federal Railroad Ad15 ministration, not otherwise provided for, $186,870,000 

16 (increased by $3,500,000), of which $15,400,000 shall re17 main available until expended. 

18 RAILROAD RESEARCH AND DEVELOPMENT

19 For necessary expenses for railroad research and de20 velopment, $39,100,000, to remain available until ex21 pended. 

22 RAILROAD REHABILITATION AND IMPROVEMENT

23 FINANCING PROGRAM

24 The Secretary of Transportation is authorized to 

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1 tions 501 through 504 of the Railroad Revitalization and 

2 Regulatory Reform Act of 1976 (Public Law 94–210), as 

3 amended, such authority to exist as long as any such di4 rect loan or loan guarantee is outstanding. Provided, That 

5 pursuant to section 502 of such Act, as amended, no new 

6 direct loans or loan guarantee commitments shall be made 

7 using Federal funds for the credit risk premium during 

8 fiscal year 2016. 

9 OPERATING GRANTS TO THE NATIONAL RAILROAD

10 PASSENGER CORPORATION

11 To enable the Secretary of Transportation to make 

12 quarterly grants to the National Railroad Passenger Cor13 poration, in amounts based on the Secretary’s assessment 

14 of the Corporation’s seasonal cash flow requirements, for 

15 the operation of intercity passenger rail, as authorized by 

16 section 101 of the Passenger Rail Investment and Im17 provement Act of 2008 (division B of Public Law 110– 

18 432), $288,500,000 (reduced by $1,000,000) (increased 

19 by $1,000,000), to remain available until expended: Pro20 vided, That the amounts available under this paragraph 

21 shall be available for the Secretary to approve funding to 

22 cover operating losses for the Corporation only after re23 ceiving and reviewing a grant request for each specific 

24 train route: Provided further, That each such grant re25 quest shall be accompanied by a detailed financial analVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6401 E:\BILLS\H2577.PP H2577

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1 ysis, revenue projection, and capital expenditure projection 

2 justifying the Federal support to the Secretary’s satisfac3 tion: Provided further, That not later than 60 days after 

4 enactment of this Act, the Corporation shall transmit, in 

5 electronic format, to the Secretary and the House and 

6 Senate Committees on Appropriations the annual budget, 

7 business plan, the 5-Year Financial Plan for fiscal year 

8 2016 required under section 204 of the Passenger Rail 

9 Investment and Improvement Act of 2008 and the com10 prehensive fleet plan for all Amtrak rolling stock: Provided 

11 further, That the budget, business plan and the 5-Year 

12 Financial Plan shall include annual information on the 

13 maintenance, refurbishment, replacement, and expansion 

14 for all Amtrak rolling stock consistent with the com15 prehensive fleet plan: Provided further, That the Corpora16 tion shall provide monthly performance reports in an elec17 tronic format which shall describe the work completed to 

18 date, any changes to the business plan, and the reasons 

19 for such changes as well as progress against the milestones 

20 and target dates of the 2012 performance improvement 

21 plan: Provided further, That the Corporation’s budget, 

22 business plan, 5-Year Financial Plan, semiannual reports, 

23 monthly reports, comprehensive fleet plan and all supple24 mental reports or plans comply with requirements in Pub25 lic Law 112–55: Provided further, That none of the funds 


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1 provided in this Act may be used to support any route 

2 on which Amtrak offers a discounted fare of more than 

3 50 percent off the normal peak fare: Provided further, 

4 That the preceding proviso does not apply to routes where 

5 the operating loss as a result of the discount is covered 

6 by a State and the State participates in the setting of 

7 fares. 

8 CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL

9 RAILROAD PASSENGER CORPORATION

10 To enable the Secretary of Transportation to make 

11 grants to the National Railroad Passenger Corporation for 

12 capital investments as authorized by sections 101(c), 102, 

13 and 219(b) of the Passenger Rail Investment and Im14 provement Act of 2008 (division B of Public Law 110– 

15 432), $850,000,000 (increased by $9,000,000), to remain 

16 available until expended, of which not to exceed 

17 $160,200,000 shall be for debt service obligations as au18 thorized by section 102 of such Act: Provided, That of the 

19 amounts made available under this heading, not less than 

20 $50,000,000 shall be made available to bring Amtrak21 served facilities and stations into compliance with the 

22 Americans with Disabilities Act: Provided further, That 

23 after an initial distribution of up to $200,000,000, which 

24 shall be used by the Corporation as a working capital ac25 count, all remaining funds shall be provided to the CorVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6401 E:\BILLS\H2577.PP H2577

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1 poration only on a reimbursable basis: Provided further, 

2 That of the amounts made available under this heading, 

3 up to $20,000,000 may be used by the Secretary to sub4 sidize operating losses of the Corporation should the funds 

5 provided under the heading ‘‘Operating Grants to the Na6 tional Railroad Passenger Corporation’’ be insufficient to 

7 meet operational costs for fiscal year 2016: Provided fur8 ther, That the Secretary may retain up to one-half of 1 

9 percent of the funds provided under this heading to fund 

10 the costs of project management and oversight of activities 

11 authorized by subsections 101(a) and 101(c) of division 

12 B of Public Law 110–432: Provided further, That the Sec13 retary shall approve funding for capital expenditures, in14 cluding advance purchase orders of materials, for the Cor15 poration only after receiving and reviewing a grant request 

16 for each specific capital project justifying the Federal sup17 port to the Secretary’s satisfaction: Provided further, That 

18 except as otherwise provided herein, none of the funds 

19 under this heading may be used to subsidize operating 

20 losses of the Corporation: Provided further, That none of 

21 the funds under this heading may be used for capital 

22 projects not approved by the Secretary of Transportation 

23 or on the Corporation’s fiscal year 2016 business plan: 

24 Provided further, That in addition to the project manage25 ment oversight funds authorized under section 101(d) of 


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1 division B of Public Law 110–432, the Secretary may re2 tain up to an additional $3,000,000 of the funds provided 

3 under this heading to fund expenses associated with imple4 menting section 212 of division B of Public Law 110–432, 

5 including the amendments made by section 212 to section 

6 24905 of title 49, United States Code: Provided further, 

7 That Amtrak shall conduct a business case analysis on 

8 capital investments that exceed $10,000,000 in life-cycle 

9 costs: Provided further, That each contract for a capital 

10 acquisition that exceeds $10,000,000 in life cycle costs 

11 shall state that funding is subject to the availability of 

12 appropriated funds provided by an appropriations Act. 

13 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

14 ADMINISTRATION

15 SEC. 150. The Secretary of Transportation may re16 ceive and expend cash, or receive and utilize spare parts 

17 and similar items, from non-United States Government 

18 sources to repair damages to or replace United States 

19 Government owned automated track inspection cars and 

20 equipment as a result of third-party liability for such dam21 ages, and any amounts collected under this section shall 

22 be credited directly to the Safety and Operations account 

23 of the Federal Railroad Administration, and shall remain 

24 available until expended for the repair, operation and 

25 maintenance of automated track inspection cars and 


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1 equipment in connection with the automated track inspec2 tion program. 

3 SEC. 151. None of the funds provided to the National 

4 Railroad Passenger Corporation may be used to fund any 

5 overtime costs in excess of $35,000 for any individual em6 ployee: Provided, That the President of Amtrak may waive 

7 the cap set in the previous proviso for specific employees 

8 when the President of Amtrak determines such a cap 

9 poses a risk to the safety and operational efficiency of the 

10 system: Provided further, That Amtrak shall report to the 

11 House and Senate Committees on Appropriations each 

12 quarter of the calendar year on waivers granted to employ13 ees and amounts paid above the cap for each month within 

14 such quarter and delineate the reasons each waiver was 

15 granted: Provided further, That the President of Amtrak 

16 shall report to the House and Senate Committees on Ap17 propriations by March 1, 2016, a summary of all overtime 

18 payments incurred by the Corporation for 2015 and the 

19 three prior calendar years: Provided further, That such 

20 summary shall include the total number of employees that 

21 received waivers and the total overtime payments the Cor22 poration paid to those employees receiving waivers for 

23 each month for 2015 and for the three prior calendar 

24 years. 


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1 FEDERAL TRANSIT ADMINISTRATION

2 ADMINISTRATIVE EXPENSES

3 For necessary administrative expenses of the Federal 

4 Transit Administration’s programs authorized by chapter 

5 53 of title 49, United States Code, $102,933,000 (reduced 

6 by $3,000,000) (reduced by $2,000,000), of which not 

7 more than $4,000,000 shall be available to carry out the 

8 provisions of 49 U.S.C. 5329 and not less than $750,000 

9 shall be available to carry out the provisions of 49 U.S.C. 

10 5326: Provided, That none of the funds provided or lim11 ited in this Act may be used to create a permanent office 

12 of transit security under this heading: Provided further, 

13 That upon submission to the Congress of the fiscal year 

14 2017 President’s budget, the Secretary of Transportation 

15 shall transmit to Congress the annual report on New 

16 Starts, including proposed allocations for fiscal year 2017. 

17 TRANSIT FORMULA GRANTS

18 (LIQUIDATION OF CONTRACT AUTHORIZATION)

19 (LIMITATION ON OBLIGATIONS)

20 (HIGHWAY TRUST FUND)

21 Contingent upon enactment of authorization legisla22 tion, for payment of obligations incurred in the Federal 

23 Public Transportation Assistance Program in this ac24 count, and for payment of obligations incurred in carrying 

25 out the provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 


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1 5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340, 

2 as amended by Public Law 112–141, and section 

3 20005(b) of Public Law 112–141, $9,500,000,000, to be 

4 derived from the Mass Transit Account of the Highway 

5 Trust Fund and to remain available until expended: Pro6 vided, That funds available for the implementation or exe7 cution of programs authorized under 49 U.S.C. 5305, 

8 5307, 5310, 5311, 5318, 5322(d), 5329(e)(6), 5335, 

9 5337, 5339, and 5340, as amended by Public Law 112– 

10 141, and section 20005(b) of Public Law 112–141, shall 

11 not exceed total obligations of $8,595,000,000 in fiscal 

12 year 2016. 

13 TRANSIT RESEARCH

14 For necessary expenses to carry out 49 U.S.C. 5312, 

15 $26,000,000. 

16 TECHNICAL ASSISTANCE AND TRAINING

17 For necessary expenses to carry out 49 U.S.C. 5314 

18 $3,000,000 (increased by $2,000,000). 

19 CAPITAL INVESTMENT GRANTS

20 For necessary expenses to carry out 49 U.S.C. 5309, 

21 $1,921,395,000, to remain available until expended. 

22 GRANTS TO THE WASHINGTON METROPOLITAN AREA

23 TRANSIT AUTHORITY

24 For grants to the Washington Metropolitan Area 

25 Transit Authority as authorized under section 601 of diviVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6401 E:\BILLS\H2577.PP H2577

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1 sion B of Public Law 110–432, $100,000,000, to remain 

2 available until expended: Provided, That the Secretary 

3 shall approve grants for capital and preventive mainte4 nance expenditures for the Washington Metropolitan Area 

5 Transit Authority only after receiving and reviewing a re6 quest for each specific project: Provided further, That 

7 prior to approving such grants, the Secretary shall certify 

8 that the Washington Metropolitan Area Transit Authority 

9 is making significant progress in eliminating the material 

10 weaknesses, significant deficiencies, and minor control de11 ficiencies identified in the most recent Financial Manage12 ment Oversight Review: Provided further, That the Sec13 retary shall determine that the Washington Metropolitan 

14 Area Transit Authority has placed the highest priority on 

15 those investments that will improve the safety of the sys16 tem before approving such grants: Provided further, That 

17 the Secretary, in order to ensure safety throughout the 

18 rail system, may waive the requirements of section 

19 601(e)(1) of title VI of Public Law 110–432 (112 Stat. 

20 4968). 

21 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

22 ADMINISTRATION

23 SEC. 160. The limitations on obligations for the pro24 grams of the Federal Transit Administration shall not 

25 apply to any authority under 49 U.S.C. 5338, previously 


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1 made available for obligation, or to any other authority 

2 previously made available for obligation. 

3 SEC. 161. Notwithstanding any other provision of 

4 law, funds appropriated or limited by this Act under the 

5 heading Fixed Guideway Capital Investment of the Fed6 eral Transit Administration for projects specified in this 

7 Act or identified in reports accompanying this Act not ob8 ligated by September 30, 2020, and other recoveries, shall 

9 be directed to projects eligible to use the funds for the 

10 purposes for which they were originally provided. 

11 SEC. 162. Notwithstanding any other provision of 

12 law, any funds appropriated before October 1, 2015, under 

13 any section of chapter 53 of title 49, United States Code, 

14 that remain available for expenditure, may be transferred 

15 to and administered under the most recent appropriation 

16 heading for any such section. 

17 SEC. 163. Notwithstanding any other provision of 

18 law, none of the funds made available in this Act shall 

19 be used to enter into a full funding grant agreement for 

20 a project with a New Starts share greater than 50 percent. 

21 SEC. 164. (a) LOSS OF ELIGIBILITY.—Except as pro22 vided in subsection (b), none of the funds in this or any 

23 other Act may be available to advance in any way a new 

24 light or heavy rail project towards a full funding grant 

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1 politan Transit Authority of Harris County, Texas if the 

2 proposed capital project is constructed on or planned to 

3 be constructed on Richmond Avenue west of South Shep4 herd Drive or on Post Oak Boulevard north of Richmond 

5 Avenue in Houston, Texas. 

6 (b) EXCEPTION FOR A NEW ELECTION.—The Metro7 politan Transit Authority of Harris County, Texas, may 

8 attempt to construct or construct a new fixed guideway 

9 capital project, including light rail, in the locations re10 ferred to in subsection (a) if— 

11 (1) voters in the jurisdiction that includes such 

12 locations approve a ballot proposition that specifies 

13 routes on Richmond Avenue west of South Shepherd 

14 Drive or on Post Oak Boulevard north of Richmond 

15 Avenue in Houston, Texas; and 

16 (2) the proposed construction of such routes is 

17 part of a comprehensive, multi-modal, service-area 

18 wide transportation plan that includes multiple addi19 tional segments of fixed guideway capital projects, 

20 including light rail for the jurisdiction set forth in 

21 the ballot proposition. The ballot language shall in22 clude reasonable cost estimates, sources of revenue 

23 to be used and the total amount of bonded indebted24 ness to be incurred as well as a description of each 


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1 route and the beginning and end point of each pro2 posed transit project. 

3 SAINT LAWRENCE SEAWAY DEVELOPMENT

4 CORPORATION

5 The Saint Lawrence Seaway Development Corpora6 tion is hereby authorized to make such expenditures, with7 in the limits of funds and borrowing authority available 

8 to the Corporation, and in accord with law, and to make 

9 such contracts and commitments without regard to fiscal 

10 year limitations as provided by section 104 of the Govern11 ment Corporation Control Act, as amended, as may be 

12 necessary in carrying out the programs set forth in the 

13 Corporation’s budget for the current fiscal year. 

14 OPERATIONS AND MAINTENANCE

15 (HARBOR MAINTENANCE TRUST FUND)

16 For necessary expenses to conduct the operations, 

17 maintenance, and capital asset renewal activities of those 

18 portions of the Saint Lawrence Seaway owned, operated, 

19 and maintained by the Saint Lawrence Seaway Develop20 ment Corporation, $32,042,000 (reduced by $3,000,000), 

21 to be derived from the Harbor Maintenance Trust Fund, 

22 pursuant to Public Law 99–662. 


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1 MARITIME ADMINISTRATION

2 MARITIME SECURITY PROGRAM

3 For necessary expenses to maintain and preserve a 

4 U.S.-flag merchant fleet to serve the national security 

5 needs of the United States, $186,000,000, to remain avail6 able until expended. 

7 OPERATIONS AND TRAINING

8 For necessary expenses of operations and training ac9 tivities authorized by law, $164,158,000, of which 

10 $22,000,000 shall remain available until expended for 

11 maintenance and repair of training ships at State Mari12 time Academies, and of which $5,000,000 shall remain 

13 available until expended for National Security Multi-Mis14 sion Vessel design for State Maritime Academies and Na15 tional Security, and of which $2,400,000 shall remain 

16 available through September 30, 2017, for the Student In17 centive Program at State Maritime Academies, and of 

18 which $1,200,000 shall remain available until expended 

19 for training ship fuel assistance payments, and of which 

20 $19,700,000 shall remain available until expended for fa21 cilities maintenance and repair, equipment, and capital 

22 improvements at the United States Merchant Marine 

23 Academy, and of which $3,000,000 shall remain available 

24 through September 30, 2017, for Maritime Environment 

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1 tive agreement: Provided, That amounts apportioned for 

2 the United States Merchant Marine Academy shall be 

3 available only upon allotments made personally by the Sec4 retary of Transportation or the Assistant Secretary for 

5 Budget and Programs: Provided further, That the Super6 intendent, Deputy Superintendent and the Director of the 

7 Office of Resource Management of the United States Mer8 chant Marine Academy may not be allotment holders for 

9 the United States Merchant Marine Academy, and the Ad10 ministrator of the Maritime Administration shall hold all 

11 allotments made by the Secretary of Transportation or the 

12 Assistant Secretary for Budget and Programs under the 

13 previous proviso: Provided further, That 50 percent of the 

14 funding made available for the United States Merchant 

15 Marine Academy under this heading shall be available only 

16 after the Secretary, in consultation with the Super17 intendent and the Maritime Administrator, completes a 

18 plan detailing by program or activity how such funding 

19 will be expended at the Academy, and this plan is sub20 mitted to the House and Senate Committees on Appro21 priations. 

22 SHIP DISPOSAL

23 For necessary expenses related to the disposal of ob24 solete vessels in the National Defense Reserve Fleet of the 


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1 Maritime Administration, $4,000,000, to remain available 

2 until expended. 

3 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

4 ACCOUNT

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary administrative expenses of the mari7 time guaranteed loan program, $3,135,000 shall be paid 

8 to the appropriations for ‘‘Maritime Administration—Op9 erations and Training’’. 

10 ADMINISTRATIVE PROVISIONS—MARITIME

11 ADMINISTRATION

12 SEC. 170. Notwithstanding any other provision of 

13 this Act, in addition to any existing authority, the Mari14 time Administration is authorized to furnish utilities and 

15 services and make necessary repairs in connection with 

16 any lease, contract, or occupancy involving Government 

17 property under control of the Maritime Administration: 

18 Provided, That payments received therefor shall be cred19 ited to the appropriation charged with the cost thereof and 

20 shall remain available until expended: Provided further, 

21 That rental payments under any such lease, contract, or 

22 occupancy for items other than such utilities, services, or 

23 repairs shall be covered into the Treasury as miscellaneous 

24 receipts. 


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1 SEC. 171. None of the funds available or appro2 priated in this Act shall be used by the United States De3 partment of Transportation or the United States Maritime 

4 Administration to negotiate or otherwise execute, enter 

5 into, facilitate or perform fee-for-service contracts for ves6 sel disposal, scrapping or recycling, unless there is no 

7 qualified domestic ship recycler that will pay any sum of 

8 money to purchase and scrap or recycle a vessel owned, 

9 operated or managed by the Maritime Administration or 

10 that is part of the National Defense Reserve Fleet: Pro11 vided, That such sales offers must be consistent with the 

12 solicitation and provide that the work will be performed 

13 in a timely manner at a facility qualified within the mean14 ing of section 3502 of Public Law 106–398: Provided fur15 ther, That nothing contained herein shall affect the Mari16 time Administration’s authority to award contracts at 

17 least cost to the Federal Government and consistent with 

18 the requirements of 54 U.S.C. 308704, section 3502, or 

19 otherwise authorized under the Federal Acquisition Regu20 lation. 


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1 PIPELINE AND HAZARDOUS MATERIALS SAFETY

2 ADMINISTRATION

3 OPERATIONAL EXPENSES

4 For necessary operational expenses of the Pipeline 

5 and Hazardous Materials Safety Administration, 

6 $20,725,000 (increased by $500,000). 

7 HAZARDOUS MATERIALS SAFETY

8 For expenses necessary to discharge the hazardous 

9 materials safety functions of the Pipeline and Hazardous 

10 Materials Safety Administration, $60,500,000, of which 

11 $7,570,000 shall remain available until September 30, 

12 2018: Provided, That up to $800,000 in fees collected 

13 under 49 U.S.C. 5108(g) shall be deposited in the general 

14 fund of the Treasury as offsetting receipts: Provided fur15 ther, That there may be credited to this appropriation, to 

16 be available until expended, funds received from States, 

17 counties, municipalities, other public authorities, and pri18 vate sources for expenses incurred for training, for reports 

19 publication and dissemination, and for travel expenses in20 curred in performance of hazardous materials exemptions 

21 and approvals functions. 


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1 PIPELINE SAFETY

2 (PIPELINE SAFETY FUND)

3 (OIL SPILL LIABILITY TRUST FUND)

4 For expenses necessary to conduct the functions of 

5 the pipeline safety program, for grants-in-aid to carry out 

6 a pipeline safety program, as authorized by 49 U.S.C. 

7 60107, and to discharge the pipeline program responsibil8 ities of the Oil Pollution Act of 1990, $145,870,000, of 

9 which $19,500,000 shall be derived from the Oil Spill Li10 ability Trust Fund and shall remain available until Sep11 tember 30, 2018; and of which $124,500,000 shall be de12 rived from the Pipeline Safety Fund, of which 

13 $66,309,000 shall remain available until September 30, 

14 2018: Provided, That not less than $1,000,000 of the 

15 funds provided under this heading shall be for the One16 Call state grant program: Provided further, That not less 

17 than $1,000,000 of the funds provided under this heading 

18 shall be for the finalization and implementation of rules 

19 required under section 60102(n) of title 49, United States 

20 Code, and section 8(b)(3) of the Pipeline Safety, Regu21 latory Certainty, and Job Creation Act of 2011 (49 U.S.C. 

22 60108 note; 125 Stat. 1911). 


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1 EMERGENCY PREPAREDNESS GRANTS

2 (EMERGENCY PREPAREDNESS FUND)

3 For necessary expenses to carry out 49 U.S.C. 

4 5128(b), $188,000, to be derived from the Emergency 

5 Preparedness Fund, to remain available until September 

6 30, 2017: Provided, That notwithstanding the fiscal year 

7 limitation specified in 49 U.S.C. 5116, not more than 

8 $28,318,000 shall be made available for obligation in fis9 cal year 2016 from amounts made available by 49 U.S.C. 

10 5116(i), and 5128 (b) and (c): Provided further, That not11 withstanding 49 U.S.C. 5116(i)(4), not more than 4 per12 cent of the amounts made available from this account shall 

13 be available to pay administrative costs: Provided further, 

14 That none of the funds made available by 49 U.S.C. 

15 5116(i), 5128(b), or 5128(c) shall be made available for 

16 obligation by individuals other than the Secretary of 

17 Transportation, or his or her designee. 

18 OFFICE OF INSPECTOR GENERAL

19 SALARIES AND EXPENSES

20 For necessary expenses of the Office of the Inspector 

21 General to carry out the provisions of the Inspector Gen22 eral Act of 1978, as amended, $86,223,000: Provided, 

23 That the Inspector General shall have all necessary au24 thority, in carrying out the duties specified in the Inspec25 tor General Act, as amended (5 U.S.C. App. 3), to invesVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6401 E:\BILLS\H2577.PP H2577

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1 tigate allegations of fraud, including false statements to 

2 the government (18 U.S.C. 1001), by any person or entity 

3 that is subject to regulation by the Department: Provided 

4 further, That the funds made available under this heading 

5 may be used to investigate, pursuant to section 41712 of 

6 title 49, United States Code: (1) unfair or deceptive prac7 tices and unfair methods of competition by domestic and 

8 foreign air carriers and ticket agents; and (2) the compli9 ance of domestic and foreign air carriers with respect to 

10 item (1) of this proviso: Provided further, That hereafter 

11 funds transferred to the Office of the Inspector General 

12 through forfeiture proceedings or from the Department of 

13 Justice Assets Forfeiture Fund or the Department of the 

14 Treasury Forfeiture Fund, as a participating agency, as 

15 an equitable share from the forfeiture of property in inves16 tigations in which the Office of Inspector General partici17 pates, or through the granting of a Petition for Remission 

18 or Mitigation, shall be deposited to the credit of this ac19 count for law enforcement activities authorized under the 

20 Inspector General Act of 1978, as amended, to remain 

21 available until expended. 

22 SURFACE TRANSPORTATION BOARD

23 SALARIES AND EXPENSES

24 For necessary expenses of the Surface Transpor25 tation Board, including services authorized by 5 U.S.C. 


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1 3109, $31,375,000: Provided, That notwithstanding any 

2 other provision of law, not to exceed $1,250,000 from fees 

3 established by the Chairman of the Surface Transpor4 tation Board shall be credited to this appropriation as off5 setting collections and used for necessary and authorized 

6 expenses under this heading: Provided further, That the 

7 sum herein appropriated from the general fund shall be 

8 reduced on a dollar-for-dollar basis as such offsetting col9 lections are received during fiscal year 2016, to result in 

10 a final appropriation from the general fund estimated at 

11 no more than $30,125,000. 

12 GENERAL PROVISIONS—DEPARTMENT OF

13 TRANSPORTATION

14 SEC. 180. During the current fiscal year, applicable 

15 appropriations to the Department of Transportation shall 

16 be available for maintenance and operation of aircraft; 

17 hire of passenger motor vehicles and aircraft; purchase of 

18 liability insurance for motor vehicles operating in foreign 

19 countries on official department business; and uniforms or 

20 allowances therefor, as authorized by law (5 U.S.C. 5901– 

21 5902). 

22 SEC. 181. Appropriations contained in this Act for 

23 the Department of Transportation shall be available for 

24 services as authorized by 5 U.S.C. 3109, but at rates for 


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1 individuals not to exceed the per diem rate equivalent to 

2 the rate for an Executive Level IV. 

3 SEC. 182. None of the funds in this Act shall be avail4 able for salaries and expenses of more than 110 political 

5 and Presidential appointees in the Department of Trans6 portation: Provided, That none of the personnel covered 

7 by this provision may be assigned on temporary detail out8 side the Department of Transportation. 

9 SEC. 183. (a) No recipient of funds made available 

10 in this Act shall disseminate personal information (as de11 fined in 18 U.S.C. 2725(3)) obtained by a State depart12 ment of motor vehicles in connection with a motor vehicle 

13 record as defined in 18 U.S.C. 2725(1), except as provided 

14 in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 

15 2721. 

16 (b) Notwithstanding subsection (a), the Secretary 

17 shall not withhold funds provided in this Act for any 

18 grantee if a State is in noncompliance with this provision. 

19 SEC. 184. Funds received by the Federal Highway 

20 Administration, Federal Transit Administration, and Fed21 eral Railroad Administration from States, counties, mu22 nicipalities, other public authorities, and private sources 

23 for expenses incurred for training may be credited respec24 tively to the Federal Highway Administration’s ‘‘Federal25 Aid Highways’’ account, the Federal Transit AdministraVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6401 E:\BILLS\H2577.PP H2577

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1 tion’s ‘‘Technical Assistance and Training’’ account, and 

2 to the Federal Railroad Administration’s ‘‘Safety and Op3 erations’’ account, except for State rail safety inspectors 

4 participating in training pursuant to 49 U.S.C. 20105. 

5 SEC. 185. None of the funds in this Act to the De6 partment of Transportation may be used to make a loan, 

7 loan guarantee, line of credit, or grant unless the Sec8 retary of Transportation notifies the House and Senate 

9 Committees on Appropriations not less than 3 full busi10 ness days before any project competitively selected to re11 ceive a discretionary grant award, any discretionary grant 

12 award, letter of intent, loan commitment, loan guarantee 

13 commitment, line of credit commitment, or full funding 

14 grant agreement totaling $750,000 or more is announced 

15 by the department or its modal administrations from— 

16 (1) any discretionary grant or federal credit 

17 program of the Federal Highway Administration in18 cluding the emergency relief program; 

19 (2) the airport improvement program of the 

20 Federal Aviation Administration; 

21 (3) any program of the Federal Railroad Ad22 ministration; 

23 (4) any program of the Federal Transit Admin24 istration other than the formula grants and fixed 

25 guideway modernization programs; 


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1 (5) any program of the Maritime Administra2 tion; or 

3 (6) any funding provided under the headings 

4 ‘‘National Infrastructure Investments’’ in this Act: 

5 Provided, That the Secretary gives concurrent notifi6 cation to the House and Senate Committees on Appropria7 tions for any ‘‘quick release’’ of funds from the emergency 

8 relief program: Provided further, That no notification shall 

9 involve funds that are not available for obligation. 

10 SEC. 186. Rebates, refunds, incentive payments, 

11 minor fees and other funds received by the Department 

12 of Transportation from travel management centers, 

13 charge card programs, the subleasing of building space, 

14 and miscellaneous sources are to be credited to appropria15 tions of the Department of Transportation and allocated 

16 to elements of the Department of Transportation using 

17 fair and equitable criteria and such funds shall be avail18 able until expended. 

19 SEC. 187. Amounts made available in this or any 

20 other Act that the Secretary determines represent im21 proper payments by the Department of Transportation to 

22 a third-party contractor under a financial assistance 

23 award, which are recovered pursuant to law, shall be avail24 able— 


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1 (1) to reimburse the actual expenses incurred 

2 by the Department of Transportation in recovering 

3 improper payments; and 

4 (2) to pay contractors for services provided in 

5 recovering improper payments or contractor support 

6 in the implementation of the Improper Payments In7 formation Act of 2002: Provided, That amounts in 

8 excess of that required for paragraphs (1) and (2)— 

9 (A) shall be credited to and merged with 

10 the appropriation from which the improper pay11 ments were made, and shall be available for the 

12 purposes and period for which such appropria13 tions are available: Provided further, That 

14 where specific project or accounting information 

15 associated with the improper payment or pay16 ments is not readily available, the Secretary 

17 may credit an appropriate account, which shall 

18 be available for the purposes and period associ19 ated with the account so credited; or 

20 (B) if no such appropriation remains avail21 able, shall be deposited in the Treasury as mis22 cellaneous receipts: Provided further, That prior 

23 to the transfer of any such recovery to an ap24 propriations account, the Secretary shall notify 

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1 priations of the amount and reasons for such 

2 transfer: Provided further, That for purposes of 

3 this section, the term ‘‘improper payments’’ has 

4 the same meaning as that provided in section 

5 2(d)(2) of Public Law 107–300. 

6 SEC. 188. Notwithstanding any other provision of 

7 law, if any funds provided in or limited by this Act are 

8 subject to a reprogramming action that requires notice to 

9 be provided to the House and Senate Committees on Ap10 propriations, transmission of said reprogramming notice 

11 shall be provided solely to the Committees on Appropria12 tions, and said reprogramming action shall be approved 

13 or denied solely by the Committees on Appropriations: 

14 Provided, That the Secretary may provide notice to other 

15 congressional committees of the action of the Committees 

16 on Appropriations on such reprogramming but not sooner 

17 than 30 days following the date on which the reprogram18 ming action has been approved or denied by the House 

19 and Senate Committees on Appropriations. 

20 SEC. 189. None of the funds appropriated or other21 wise made available under this Act may be used by the 

22 Surface Transportation Board of the Department of 

23 Transportation to charge or collect any filing fee for rate 

24 or practice complaints filed with the Board in an amount 

25 in excess of the amount authorized for district court civil 


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1 suit filing fees under section 1914 of title 28, United 

2 States Code. 

3 SEC. 190. Funds appropriated in this Act to the 

4 modal administrations may be obligated for the Office of 

5 the Secretary for the costs related to assessments or reim6 bursable agreements only when such amounts are for the 

7 costs of goods and services that are purchased to provide 

8 a direct benefit to the applicable modal administration or 

9 administrations. 

10 SEC. 191. The Secretary of Transportation is author11 ized to carry out a program that establishes uniform 

12 standards for developing and supporting agency transit 

13 pass and transit benefits authorized under section 7905 

14 of title 5, United States Code, including distribution of 

15 transit benefits by various paper and electronic media. 

16 SEC. 192. None of the funds made available by this 

17 Act shall be used by the Surface Transportation Board 

18 to take any actions with respect to the construction of a 

19 high speed rail project in California unless the permit is 

20 issued by the Board with respect to the project in its en21 tirety. 

22 SEC. 193. None of the funds made available in this 

23 Act may be used to facilitate new scheduled air transpor24 tation originating from the United States if such flights 

25 would land on, or pass through, property confiscated by 


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1 the Cuban Government, including property in which a mi2 nority interest was confiscated, as the terms confiscated, 

3 Cuban Government, and property are defined in para4 graphs (4), (5), and (12)(A), respectively, of section 4 of 

5 the Cuban Liberty and Democratic Solidarity 

6 (LIBERTAD) Act of 1996 (22 U.S.C. 6023 (4), (5), and 

7 (12)(A)): Provided, That for this section, new scheduled 

8 air transportation shall include any flights not already reg9 ularly scheduled prior to March 31, 2015. 

10 This title may be cited as the ‘‘Department of Trans11 portation Appropriations Act, 2016’’. 

12 TITLE II 

13 DEPARTMENT OF HOUSING AND URBAN 

14 DEVELOPMENT 

15 MANAGEMENT AND ADMINISTRATION

16 EXECUTIVE OFFICES

17 For necessary salaries and expenses for Executive Of18 fices, which shall be comprised of the offices of the Sec19 retary, Deputy Secretary, Adjudicatory Services, Congres20 sional and Intergovernmental Relations, Public Affairs, 

21 Small and Disadvantaged Business Utilization, and the 

22 Center for Faith-Based and Neighborhood Partnerships, 

23 $14,500,000: Provided, That not to exceed $25,000 of the 

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1 able to the Secretary for official reception and representa2 tion expenses as the Secretary may determine. 

3 ADMINISTRATIVE SUPPORT OFFICES

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary salaries and expenses for Administra6 tive Support Offices, $547,000,000, of which 

7 $45,600,000, to remain available until expended, in addi8 tion to amounts made available under this heading for the 

9 Office of the Chief Financial Officer and the Office of the 

10 Chief Human Capital Officer, shall be for funding shared 

11 service agreements between the Department of Housing 

12 and Urban Development and the Department of the 

13 Treasury; $39,000,000 shall be available for the Office of 

14 the Chief Financial Officer; $93,000,000 shall be available 

15 for the Office of the General Counsel; $199,000,000 shall 

16 be available for the Office of Administration; $40,000,000 

17 shall be available for the Office of the Chief Human Cap18 ital Officer; $49,000,000 shall be available for the Office 

19 of Field Policy and Management; $16,000,000 shall be 

20 available for the Office of the Chief Procurement Officer; 

21 $3,000,000 shall be available for the Office of Depart22 mental Equal Employment Opportunity; $4,000,000 shall 

23 be available for the Office of Strategic Planning and Man24 agement; $44,000,000 shall be available for the Office of 

25 the Chief Information Officer; and of which the remaining 


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1 amount shall be available through September 30, 2017, 

2 for transfer to the appropriations for offices specified 

3 under this heading or the heading ‘‘Program Office Sala4 ries and Expenses’’ in this title: Provided, That funds pro5 vided under this heading may be used for necessary ad6 ministrative and non-administrative expenses of the De7 partment of Housing and Urban Development, not other8 wise provided for, including purchase of uniforms, or al9 lowances therefor, as authorized by 5 U.S.C. 5901–5902; 

10 hire of passenger motor vehicles; and services as author11 ized by 5 U.S.C. 3109: Provided further, That notwith12 standing any other provision of law, funds appropriated 

13 under this heading may be used for advertising and pro14 motional activities that directly support program activities 

15 funded in this title: Provided further, That the Secretary 

16 shall provide the Committees on Appropriations quarterly 

17 written notification regarding the status of pending con18 gressional reports: Provided further, That the Secretary 

19 shall provide in electronic form all signed reports required 

20 by Congress. 

21 PROGRAM OFFICE SALARIES AND EXPENSES

22 PUBLIC AND INDIAN HOUSING

23 For necessary salaries and expenses of the Office of 

24 Public and Indian Housing, $203,000,000. 


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1 COMMUNITY PLANNING AND DEVELOPMENT

2 For necessary salaries and expenses of the Office of 

3 Community Planning and Development, $102,000,000. 

4 HOUSING

5 For necessary salaries and expenses of the Office of 

6 Housing, $372,000,000. 

7 POLICY DEVELOPMENT AND RESEARCH

8 For necessary salaries and expenses of the Office of 

9 Policy Development and Research, $22,700,000. 

10 FAIR HOUSING AND EQUAL OPPORTUNITY

11 For necessary salaries and expenses of the Office of 

12 Fair Housing and Equal Opportunity, $73,000,000. 

13 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

14 HOMES

15 For necessary salaries and expenses of the Office of 

16 Lead Hazard Control and Healthy Homes, $6,700,000. 

17 PUBLIC AND INDIAN HOUSING PROGRAMS

18 TENANT-BASED RENTAL ASSISTANCE

19 For activities and assistance for the provision of ten20 ant-based rental assistance authorized under the United 

21 States Housing Act of 1937, as amended (42 U.S.C. 1437 

22 et seq.) (‘‘the Act’’ herein), not otherwise provided for, 

23 $15,918,643,000 to remain available until September 30, 

24 2018, shall be available on October 1, 2015 (in addition 

25 to the $4,000,000,000 previously appropriated under this 


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1 heading that became available on October 1, 2015), and 

2 $4,000,000,000, to remain available until September 30, 

3 2019, shall be available on October 1, 2016: Provided, 

4 That the amounts made available under this heading are 

5 provided as follows: 

6 (1) $18,151,000,000 shall be available for re7 newals of expiring section 8 tenant-based annual 

8 contributions contracts (including renewals of en9 hanced vouchers under any provision of law author10 izing such assistance under section 8(t) of the Act) 

11 and including renewal of other special purpose or in12 cremental vouchers: Provided, That notwithstanding 

13 any other provision of law, from amounts provided 

14 under this paragraph and any carryover, the Sec15 retary for the calendar year 2016 funding cycle shall 

16 provide renewal funding for each public housing 

17 agency based on validated voucher management sys18 tem (VMS) leasing and cost data for the prior cal19 endar year and by applying an inflation factor as es20 tablished by the Secretary, by notice published in 

21 the Federal Register, and by making any necessary 

22 adjustments for the costs associated with the first23 time renewal of vouchers under this paragraph in24 cluding tenant protection, HOPE VI, and Choice 

25 Neighborhoods vouchers: Provided further, That in 


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1 determining calendar year 2016 funding allocations 

2 under this heading for public housing agencies, in3 cluding agencies participating in the Moving To 

4 Work (MTW) demonstration, the Secretary may 

5 take into account the anticipated impact of changes 

6 in targeting and utility allowances, on public housing 

7 agencies’ contract renewal needs: Provided further, 

8 That none of the funds provided under this para9 graph may be used to fund a total number of unit 

10 months under lease which exceeds a public housing 

11 agency’s authorized level of units under contract, ex12 cept for public housing agencies participating in the 

13 MTW demonstration, which are instead governed by 

14 the terms and conditions of their MTW agreements: 

15 Provided further, That the Secretary shall, to the ex16 tent necessary to stay within the amount specified 

17 under this paragraph (except as otherwise modified 

18 under this paragraph), prorate each public housing 

19 agency’s allocation otherwise established pursuant to 

20 this paragraph: Provided further, That except as 

21 provided in the following provisos, the entire amount 

22 specified under this paragraph (except as otherwise 

23 modified under this paragraph) shall be obligated to 

24 the public housing agencies based on the allocation 

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1 retary shall notify public housing agencies of their 

2 annual budget by the latter of 60 days after enact3 ment of this Act or March 1, 2016: Provided further, 

4 That the Secretary may extend the notification pe5 riod with the prior written approval of the House 

6 and Senate Committees on Appropriations: Provided 

7 further, That public housing agencies participating 

8 in the MTW demonstration shall be funded pursuant 

9 to their MTW agreements and shall be subject to 

10 the same pro rata adjustments under the previous 

11 provisos: Provided further, That the Secretary may 

12 offset public housing agencies’ calendar year 2016 

13 allocations based on the excess amounts of public 

14 housing agencies’ net restricted assets accounts, in15 cluding HUD held programmatic reserves (in ac16 cordance with VMS data in calendar year 2015 that 

17 is verifiable and complete), as determined by the 

18 Secretary: Provided further, That public housing 

19 agencies participating in the MTW demonstration 

20 shall also be subject to the offset, as determined by 

21 the Secretary, excluding amounts subject to the sin22 gle fund budget authority provisions of their MTW 

23 agreements, from the agencies’ calendar year 2016 

24 MTW funding allocation: Provided further, That the 

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1 vious two provisos throughout the calendar year to 

2 prevent the termination of rental assistance for fam3 ilies as the result of insufficient funding, as deter4 mined by the Secretary, and to avoid or reduce the 

5 proration of renewal funding allocations: Provided 

6 further, That up to $75,000,000 shall be available 

7 only: (A) for adjustments in the allocations for pub8 lic housing agencies, after application for an adjust9 ment by a public housing agency that experienced a 

10 significant increase, as determined by the Secretary, 

11 in renewal costs of vouchers resulting from unfore12 seen circumstances or from portability under section 

13 8(r) of the Act; (B) for vouchers that were not in 

14 use during the 12-month period in order to be avail15 able to meet a commitment pursuant to section 

16 8(o)(13) of the Act; (C) for adjustments for costs 

17 associated with HUD–Veterans Affairs Supportive 

18 Housing (HUD–VASH) vouchers; (D) for adjust19 ments for public housing agencies with voucher leas20 ing rates at the end of the calendar year that exceed 

21 the average leasing for the 12-month period used to 

22 establish the allocation, and for additional leasing of 

23 vouchers that were issued but not leased prior to the 

24 end of such calendar year; (E) for public housing 

25 agencies that despite taking reasonable cost savings 


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1 measures, as determined by the Secretary, would 

2 otherwise be required to terminate rental assistance 

3 for families as a result of insufficient funding; and 

4 (F) for adjustments in the allocations for public 

5 housing agencies that experienced a significant in6 crease, as determined by the Secretary, in renewal 

7 costs as a result of participation in the Small Area 

8 Fair Market Rent demonstration: Provided further, 

9 That the Secretary shall allocate amounts under the 

10 previous proviso based on need, as determined by 

11 the Secretary; 

12 (2) $130,000,000 shall be for section 8 rental 

13 assistance for relocation and replacement of housing 

14 units that are demolished or disposed of pursuant to 

15 section 18 of the Act, conversion of section 23 

16 projects to assistance under section 8, the family 

17 unification program under section 8(x) of the Act, 

18 relocation of witnesses in connection with efforts to 

19 combat crime in public and assisted housing pursu20 ant to a request from a law enforcement or prosecu21 tion agency, enhanced vouchers under any provision 

22 of law authorizing such assistance under section 8(t) 

23 of the Act, HOPE VI and Choice Neighborhood 

24 vouchers, mandatory and voluntary conversions, and 

25 tenant protection assistance including replacement 


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1 and relocation assistance or for project-based assist2 ance to prevent the displacement of unassisted elder3 ly tenants currently residing in section 202 prop4 erties financed between 1959 and 1974 that are refi5 nanced pursuant to Public Law 106–569, as amend6 ed, or under the authority as provided under this 

7 Act: Provided, That when a public housing develop8 ment is submitted for demolition or disposition 

9 under section 18 of the Act, the Secretary may pro10 vide section 8 rental assistance when the units pose 

11 an imminent health and safety risk to residents: 

12 Provided further, That the Secretary may only pro13 vide replacement vouchers for units that were occu14 pied within the previous 24 months that cease to be 

15 available as assisted housing, subject only to the 

16 availability of funds: Provided further, That of the 

17 amounts made available under this paragraph, 

18 $5,000,000 may be available to provide tenant pro19 tection assistance, not otherwise provided under this 

20 paragraph, to residents residing in low vacancy 

21 areas and who may have to pay rents greater than 

22 30 percent of household income, as the result of: (A) 

23 the maturity of a HUD-insured, HUD-held or sec24 tion 202 loan that requires the permission of the 

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1 tion of a rental assistance contract for which the 

2 tenants are not eligible for enhanced voucher or ten3 ant protection assistance under existing law; or (C) 

4 the expiration of affordability restrictions accom5 panying a mortgage or preservation program admin6 istered by the Secretary: Provided further, That such 

7 tenant protection assistance made available under 

8 the previous proviso may be provided under the au9 thority of section 8(t) or section 8(o)(13) of the 

10 United States Housing Act of 1937 (42 U.S.C. 

11 1437f(t)): Provided further, That the Secretary shall 

12 issue guidance to implement the previous provisos, 

13 including, but not limited to, requirements for defin14 ing eligible at-risk households within 120 days of the 

15 enactment of this Act: Provided further, That any 

16 tenant protection voucher made available from 

17 amounts under this paragraph shall not be reissued 

18 by any public housing agency, except the replace19 ment vouchers as defined by the Secretary by notice, 

20 when the initial family that received any such vouch21 er no longer receives such voucher, and the authority 

22 for any public housing agency to issue any such 

23 voucher shall cease to exist: Provided further, That 

24 the Secretary, for the purpose under this paragraph, 

25 may use unobligated balances, including recaptures 


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1 and carryovers, remaining from amounts appro2 priated in prior fiscal years under this heading for 

3 voucher assistance for nonelderly disabled families 

4 and for disaster assistance made available under 

5 Public Law 110–329; 

6 (3) $1,530,000,000 shall be for administrative 

7 and other expenses of public housing agencies in ad8 ministering the section 8 tenant-based rental assist9 ance program, of which up to $10,000,000 shall be 

10 available to the Secretary to allocate to public hous11 ing agencies that need additional funds to admin12 ister their section 8 programs, including fees associ13 ated with section 8 tenant protection rental assist14 ance, the administration of disaster related vouchers, 

15 Veterans Affairs Supportive Housing vouchers, and 

16 other special purpose incremental vouchers: Pro17 vided, That no less than $1,520,000,000 of the 

18 amount provided in this paragraph shall be allocated 

19 to public housing agencies for the calendar year 

20 2016 funding cycle based on section 8(q) of the Act 

21 (and related Appropriation Act provisions) as in ef22 fect immediately before the enactment of the Quality 

23 Housing and Work Responsibility Act of 1998 (Pub24 lic Law 105–276): Provided further, That if the 

25 amounts made available under this paragraph are 


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1 insufficient to pay the amounts determined under 

2 the previous proviso, the Secretary may decrease the 

3 amounts allocated to agencies by a uniform percent4 age applicable to all agencies receiving funding 

5 under this paragraph or may, to the extent nec6 essary to provide full payment of amounts deter7 mined under the previous proviso, utilize unobligated 

8 balances, including recaptures and carryovers, re9 maining from funds appropriated to the Department 

10 of Housing and Urban Development under this 

11 heading from prior fiscal years, excluding special 

12 purpose vouchers, notwithstanding the purposes for 

13 which such amounts were appropriated: Provided 

14 further, That all public housing agencies partici15 pating in the MTW demonstration shall be funded 

16 pursuant to their MTW agreements, and shall be 

17 subject to the same uniform percentage decrease as 

18 under the previous proviso: Provided further, That 

19 amounts provided under this paragraph shall be only 

20 for activities related to the provision of tenant-based 

21 rental assistance authorized under section 8, includ22 ing related development activities; 

23 (4) $107,643,210 for the renewal of tenant24 based assistance contracts under section 811 of the 

25 Cranston-Gonzalez National Affordable Housing Act 


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1 (42 U.S.C. 8013), including necessary administra2 tive expenses: Provided, That administrative and 

3 other expenses of public housing agencies in admin4 istering the special purpose vouchers in this para5 graph shall be funded under the same terms and be 

6 subject to the same pro rata reduction as the per7 cent decrease for administrative and other expenses 

8 to public housing agencies under paragraph (3) of 

9 this heading; 

10 (5) the Secretary shall separately track all spe11 cial purpose vouchers funded under this heading. 

12 HOUSING CERTIFICATE FUND

13 (INCLUDING RESCISSIONS)

14 Unobligated balances, including recaptures and car15 ryover, remaining from funds appropriated to the Depart16 ment of Housing and Urban Development under this 

17 heading, the heading ‘‘Annual Contributions for Assisted 

18 Housing’’ and the heading ‘‘Project-Based Rental Assist19 ance’’, for fiscal year 2016 and prior years may be used 

20 for renewal of or amendments to section 8 project-based 

21 contracts and for performance-based contract administra22 tors, notwithstanding the purposes for which such funds 

23 were appropriated: Provided, That any obligated balances 

24 of contract authority from fiscal year 1974 and prior that 

25 have been terminated shall be rescinded: Provided further, 


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1 That amounts heretofore recaptured, or recaptured during 

2 the current fiscal year, from section 8 project-based con3 tracts from source years fiscal year 1975 through fiscal 

4 year 1987 are hereby rescinded, and an amount of addi5 tional new budget authority, equivalent to the amount re6 scinded is hereby appropriated, to remain available until 

7 expended, for the purposes set forth under this heading, 

8 in addition to amounts otherwise available. 

9 PUBLIC HOUSING CAPITAL FUND

10 For the Public Housing Capital Fund Program to 

11 carry out capital and management activities for public 

12 housing agencies, as authorized under section 9 of the 

13 United States Housing Act of 1937 (42 U.S.C. 1437g) 

14 (‘‘the Act’’), $1,681,000,000, to remain available until 

15 September 30, 2019: Provided, That notwithstanding any 

16 other provision of law or regulation, during fiscal year 

17 2016 the Secretary of Housing and Urban Development 

18 may not delegate to any Department official other than 

19 the Deputy Secretary and the Assistant Secretary for 

20 Public and Indian Housing any authority under paragraph 

21 (2) of section 9(j) regarding the extension of the time peri22 ods under such section: Provided further, That for pur23 poses of such section 9(j), the term ‘‘obligate’’ means, with 

24 respect to amounts, that the amounts are subject to a 

25 binding agreement that will result in outlays, immediately 


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1 or in the future: Provided further, That up to $3,000,000 

2 shall be to support ongoing Public Housing Financial and 

3 Physical Assessment activities: Provided further, That of 

4 the total amount provided under this heading, not to ex5 ceed $20,000,000 shall be available for the Secretary to 

6 make grants, notwithstanding section 204 of this Act, to 

7 public housing agencies for emergency capital needs in8 cluding safety and security measures necessary to address 

9 crime and drug-related activity as well as needs resulting 

10 from unforeseen or unpreventable emergencies and nat11 ural disasters excluding Presidentially declared emer12 gencies and natural disasters under the Robert T. Stafford 

13 Disaster Relief and Emergency Act (42 U.S.C. 5121 et 

14 seq.) occurring in fiscal year 2016: Provided further, That 

15 of the total amount provided under this heading 

16 $30,000,000 shall be for supportive services, service coor17 dinator and congregate services as authorized by section 

18 34 of the Act (42 U.S.C. 1437z–6) and the Native Amer19 ican Housing Assistance and Self-Determination Act of 

20 1996 (25 U.S.C. 4101 et seq.): Provided further, That of 

21 the total amount made available under this heading, up 

22 to $15,000,000 may be used for a Jobs-Plus initiative 

23 modeled after the Jobs-Plus demonstration: Provided fur24 ther, That the funding provided under the previous proviso 

25 shall provide competitive grants to partnerships between 


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1 public housing authorities, local workforce investment 

2 boards established under section 117 of the Workforce In3 vestment Act of 1998, and other agencies and organiza4 tions that provide support to help public housing residents 

5 obtain employment and increase earnings: Provided fur6 ther, That applicants must demonstrate the ability to pro7 vide services to residents, partner with workforce invest8 ment boards, and leverage service dollars: Provided fur9 ther, That the Secretary may set aside a portion of the 

10 funds provided for the Resident Opportunity and Self-Suf11 ficiency program to support the services element of the 

12 Jobs-Plus Pilot initiative: Provided further, That the Sec13 retary may allow PHAs to request exemptions from rent 

14 and income limitation requirements under sections 3 and 

15 6 of the United States Housing Act of 1937 as necessary 

16 to implement the Jobs-Plus program, on such terms and 

17 conditions as the Secretary may approve upon a finding 

18 by the Secretary that any such waivers or alternative re19 quirements are necessary for the effective implementation 

20 of the Jobs-Plus initiative as a voluntary program for resi21 dents: Provided further, That the Secretary shall publish 

22 by notice in the Federal Register any waivers or alter23 native requirements pursuant to the preceding proviso no 

24 later than 10 days before the effective date of such notice: 

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1 ing, the limitation in section 9(g)(1) of the Act shall be 

2 25 percent: Provided further, That the Secretary may 

3 waive the limitation in the previous proviso to allow public 

4 housing agencies to fund activities authorized under sec5 tion 9(e)(1)(C) of the Act: Provided further, That from 

6 the funds made available under this heading, the Secretary 

7 shall provide bonus awards in fiscal year 2016 to public 

8 housing agencies that are designated high performers: 

9 Provided further, That the Department shall notify public 

10 housing agencies of their formula allocation within 60 

11 days of enactment of this Act. 

12 PUBLIC HOUSING OPERATING FUND

13 For 2016 payments to public housing agencies for the 

14 operation and management of public housing, as author15 ized by section 9(e) of the United States Housing Act of 

16 1937 (42 U.S.C. 1437g(e)), $4,440,000,000. 

17 CHOICE NEIGHBORHOODS INITIATIVE

18 For competitive grants under the Choice Neighbor19 hoods Initiative (subject to section 24 of the United States 

20 Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise 

21 specified under this heading), for transformation, rehabili22 tation, and replacement housing needs of both public and 

23 HUD-assisted housing and to transform neighborhoods of 

24 poverty into functioning, sustainable mixed income neigh25 borhoods with appropriate services, schools, public assets, 


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1 transportation and access to jobs, $20,000,000, to remain 

2 available until September 30, 2018: Provided, That grant 

3 funds may be used for resident and community services, 

4 community development, and affordable housing needs in 

5 the community, and for conversion of vacant or foreclosed 

6 properties to affordable housing: Provided further, That 

7 the use of funds made available under this heading shall 

8 not be deemed to be public housing notwithstanding sec9 tion 3(b)(1) of such Act: Provided further, That grantees 

10 shall commit to an additional period of affordability deter11 mined by the Secretary of not fewer than 20 years: Pro12 vided further, That grantees shall undertake comprehen13 sive local planning with input from residents and the com14 munity, and that grantees shall provide a match in State, 

15 local, other Federal or private funds: Provided further, 

16 That grantees may include local governments, tribal enti17 ties, public housing authorities, and nonprofits: Provided 

18 further, That for-profit developers may apply jointly with 

19 a public entity: Provided further, That for purposes of en20 vironmental review, a grantee shall be treated as a public 

21 housing agency under section 26 of the United States 

22 Housing Act of 1937 (42 U.S.C. 1437x), and grants under 

23 this heading shall be subject to the regulations issued by 

24 the Secretary to implement such section: Provided further, 

25 That such grantees shall create partnerships with other 


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1 local organizations including assisted housing owners, 

2 service agencies, and resident organizations: Provided fur3 ther, That the Secretary shall consult with the Secretaries 

4 of Education, Labor, Transportation, Health and Human 

5 Services, Agriculture, and Commerce, the Attorney Gen6 eral, and the Administrator of the Environmental Protec7 tion Agency to coordinate and leverage other appropriate 

8 Federal resources: Provided further, That unobligated bal9 ances, including recaptures, remaining from funds appro10 priated under the heading ‘‘Revitalization of Severely Dis11 tressed Public Housing (HOPE VI)’’ in fiscal year 2011 

12 and prior fiscal years may be used for purposes under this 

13 heading, notwithstanding the purposes for which such 

14 amounts were appropriated. 

15 FAMILY SELF-SUFFICIENCY

16 For the Family Self-Sufficiency program to support 

17 family self-sufficiency coordinators under section 23 of the 

18 United States Housing Act of 1937, to promote the devel19 opment of local strategies to coordinate the use of assist20 ance under sections 8 and 9 of such Act with public and 

21 private resources, and enable eligible families to achieve 

22 economic independence and self-sufficiency, $75,000,000, 

23 to remain available until September 30, 2017: Provided, 

24 That the Secretary may, by Federal Register notice, waive 

25 or specify alternative requirements under section b(3), 


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1 b(4), b(5), or c(1) of section 23 of such Act in order to 

2 facilitate the operation of a unified self-sufficiency pro3 gram for individuals receiving assistance under different 

4 provisions of the Act, as determined by the Secretary: Pro5 vided further, That owners of multifamily properties with 

6 project-based subsidy contracts under section 8 may com7 pete for funding under this heading and/or voluntarily 

8 make a Family Self-Sufficiency program available to the 

9 assisted tenants of such property in accordance with pro10 cedures established by the Secretary: Provided further, 

11 That such procedures established pursuant to the previous 

12 proviso shall permit participating tenants to accrue escrow 

13 funds in accordance with section 23(d)(2) and shall allow 

14 owners to use funding from residual receipt accounts to 

15 hire coordinators for their own Family Self-Sufficiency 

16 program. 

17 NATIVE AMERICAN HOUSING BLOCK GRANTS

18 For the Native American Housing Block Grants pro19 gram, as authorized under title I of the Native American 

20 Housing Assistance and Self-Determination Act of 1996 

21 (NAHASDA) (25 U.S.C. 4111 et seq.), $650,000,000, to 

22 remain available until September 30, 2020: Provided, 

23 That, notwithstanding the Native American Housing As24 sistance and Self-Determination Act of 1996, to determine 

25 the amount of the allocation under title I of such Act for 


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1 each Indian tribe, the Secretary shall apply the formula 

2 under section 302 of such Act with the need component 

3 based on single-race census data and with the need compo4 nent based on multi-race census data, and the amount of 

5 the allocation for each Indian tribe shall be the greater 

6 of the two resulting allocation amounts: Provided further, 

7 That of the amounts made available under this heading, 

8 $3,500,000 shall be contracted for assistance for national 

9 or regional organizations representing Native American 

10 housing interests for providing training and technical as11 sistance to Indian housing authorities and tribally des12 ignated housing entities as authorized under NAHASDA: 

13 Provided further, That of the funds made available under 

14 the previous proviso, not less than $2,000,000 shall be 

15 made available for a national organization as authorized 

16 under section 703 of NAHASDA (25 U.S.C. 4212): Pro17 vided further, That of the amounts made available under 

18 this heading, $2,000,000 shall be to support the inspection 

19 of Indian housing units, contract expertise, training, and 

20 technical assistance in the training, oversight, and man21 agement of such Indian housing and tenant-based assist22 ance, including up to $300,000 for related travel: Provided 

23 further, That of the amount provided under this heading, 

24 $2,000,000 shall be made available for the cost of guaran25 teed notes and other obligations, as authorized by title VI 


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1 of NAHASDA: Provided further, That such costs, includ2 ing the costs of modifying such notes and other obliga3 tions, shall be as defined in section 502 of the Congres4 sional Budget Act of 1974, as amended: Provided further, 

5 That these funds are available to subsidize the total prin6 cipal amount of any notes and other obligations, any part 

7 of which is to be guaranteed, not to exceed $17,452,007: 

8 Provided further, That the Department will notify grantees 

9 of their formula allocation within 60 days of the date of 

10 enactment of this Act: Provided further, notwithstanding 

11 section 302(d) of NAHASDA, if on January 1, 2016, a 

12 recipient’s total amount of undisbursed block grants in the 

13 Department’s line of credit control system is greater than 

14 three times the formula allocation it would otherwise re15 ceive under this heading, the Secretary shall adjust that 

16 recipient’s formula allocation down by the difference be17 tween its total amount of undisbursed block grants in the 

18 Department’s line of credit control system on January 1, 

19 2016, and three times the formula allocation it would oth20 erwise receive: Provided further, That grant amounts not 

21 allocated to a recipient pursuant to the previous proviso 

22 shall be allocated under the need component of the for23 mula proportionately among all other Indian tribes not 

24 subject to an adjustment: Provided further, That the 2 

25 previous provisos shall not apply to any Indian tribe that 


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1 would otherwise receive a formula allocation of less than 

2 $5,000,000: Provided further, That to take effect, the 

3 three previous provisos do not require the issuance of any 

4 regulation. 

5 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

6 ACCOUNT

7 For the cost of guaranteed loans, as authorized by 

8 section 184 of the Housing and Community Development 

9 Act of 1992 (12 U.S.C. 1715z–13a), $8,000,000, to re10 main available until expended: Provided, That such costs, 

11 including the costs of modifying such loans, shall be as 

12 defined in section 502 of the Congressional Budget Act 

13 of 1974: Provided further, That these funds are available 

14 to subsidize total loan principal, any part of which is to 

15 be guaranteed, up to $1,269,841,270, to remain available 

16 until expended: Provided further, That up to $750,000 of 

17 this amount may be for administrative contract expenses 

18 including management processes and systems to carry out 

19 the loan guarantee program. 

20 COMMUNITY PLANNING AND DEVELOPMENT

21 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

22 For carrying out the Housing Opportunities for Per23 sons with AIDS program, as authorized by the AIDS 

24 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 

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1 able until September 30, 2017, except that amounts allo2 cated pursuant to section 854(c)(3) of such Act shall re3 main available until September 30, 2018: Provided, That 

4 the Secretary shall renew all expiring contracts for perma5 nent supportive housing that initially were funded under 

6 section 854(c)(3) of such Act from funds made available 

7 under this heading in fiscal year 2010 and prior fiscal 

8 years that meet all program requirements before awarding 

9 funds for new contracts under such section: Provided fur10 ther, That the Department shall notify grantees of their 

11 formula allocation within 60 days of enactment of this Act. 

12 COMMUNITY DEVELOPMENT FUND

13 For assistance to units of State and local govern14 ment, and to other entities, for economic and community 

15 development activities, and for other purposes, 

16 $3,060,000,000, to remain available until September 30, 

17 2018, unless otherwise specified: Provided, That of the 

18 total amount provided, $3,000,000,000 is for carrying out 

19 the community development block grant program under 

20 title I of the Housing and Community Development Act 

21 of 1974, as amended (‘‘the Act’’ herein) (42 U.S.C. 5301 

22 et seq.): Provided further, That unless explicitly provided 

23 for under this heading, not to exceed 20 percent of any 

24 grant made with funds appropriated under this heading 

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1 ment and administration: Provided further, That a metro2 politan city, urban county, unit of general local govern3 ment, or Indian tribe, or insular area that directly or indi4 rectly receives funds under this heading may not sell, 

5 trade, or otherwise transfer all or any portion of such 

6 funds to another such entity in exchange for any other 

7 funds, credits or non-Federal considerations, but must use 

8 such funds for activities eligible under title I of the Act: 

9 Provided further, That notwithstanding section 105(e)(1) 

10 of the Act, no funds provided under this heading may be 

11 provided to a for-profit entity for an economic develop12 ment project under section 105(a)(17) unless such project 

13 has been evaluated and selected in accordance with guide14 lines required under subparagraph (e)(2): Provided fur15 ther, That none of the funds made available under this 

16 heading may be used for grants for the Economic Develop17 ment Initiative (‘‘EDI’’) or Neighborhood Initiatives ac18 tivities, Rural Innovation Fund, or for grants pursuant to 

19 section 107 of the Housing and Community Development 

20 Act of 1974 (42 U.S.C. 5307): Provided further, That the 

21 Department shall notify grantees of their formula alloca22 tion within 60 days of enactment of this Act: Provided 

23 further, That of the total amount provided under this 

24 heading $60,000,000 shall be for grants to Indian tribes 

25 notwithstanding section 106(a)(1) of such Act, of which, 


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1 notwithstanding any other provision of law (including sec2 tion 204 of this Act), up to $3,960,000 may be used for 

3 emergencies that constitute imminent threats to health 

4 and safety. 

5 COMMUNITY DEVELOPMENT LOAN GUARANTEES

6 PROGRAM ACCOUNT

7 (INCLUDING RESCISSION)

8 Subject to section 502 of the Congressional Budget 

9 Act of 1974, during fiscal year 2016, commitments to 

10 guarantee loans under section 108 of the Housing and 

11 Community Development Act of 1974 (42 U.S.C. 5308), 

12 any part of which is guaranteed, shall not exceed a total 

13 principal amount of $300,000,000, notwithstanding any 

14 aggregate limitation on outstanding obligations guaran15 teed in subsection (k) of such section 108: Provided, That 

16 the Secretary shall collect fees from borrowers, notwith17 standing subsection (m) of such section 108, to result in 

18 a credit subsidy cost of zero for guaranteeing such loans, 

19 and any such fees shall be collected in accordance with 

20 section 502(7) of the Congressional Budget Act of 1974: 

21 Provided further, That all unobligated balances, including 

22 recaptures and carryover, remaining from funds appro23 priated to the Department of Housing and Urban Devel24 opment under this heading are hereby permanently re25 scinded. 


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1 HOME INVESTMENT PARTNERSHIPS PROGRAM

2 (INCLUDING TRANSFER OF FUNDS)

3 For the HOME investment partnerships program, as 

4 authorized under title II of the Cranston-Gonzalez Na5 tional Affordable Housing Act, as amended, 

6 $767,000,000, to remain available until September 30, 

7 2019: Provided, That notwithstanding the amount made 

8 available under this heading, the threshold reduction re9 quirements in sections 216(10) and 217(b)(4) of such Act 

10 shall not apply to allocations of such amount: Provided 

11 further, That the requirements under provisos 2 through 

12 6 under this heading for fiscal year 2012 and such re13 quirements applicable pursuant to the ‘‘Full-Year Con14 tinuing Appropriations Act, 2013’’, shall not apply to any 

15 project to which funds were committed on or after August 

16 23, 2013, but such projects shall instead be governed by 

17 the Final Rule titled ‘‘Home Investment Partnerships 

18 Program; Improving Performance and Accountability; Up19 dating Property Standards’’ which became effective on 

20 such date: Provided further, That notwithstanding para21 graph (1)(B)(i) or (2)(B)(i) of section 1337(a) of the 

22 Housing and Community Development Act of 1992 (12 

23 U.S.C. 4567(a)), amounts allocated under such para24 graphs shall be credited to, made available, and merged 

25 with this account: Provided further, That no amounts 


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1 made available by any provision of law may be transferred, 

2 reprogrammed, or credited to the Housing Trust Fund. 

3 SELF-HELP AND ASSISTED HOMEOWNERSHIP

4 OPPORTUNITY PROGRAM

5 For the Self-Help and Assisted Homeownership Op6 portunity Program, as authorized under section 11 of the 

7 Housing Opportunity Program Extension Act of 1996, as 

8 amended, $50,000,000, to remain available until Sep9 tember 30, 2018: Provided, That of the total amount pro10 vided under this heading, $10,000,000 shall be made 

11 available to the Self-Help and Assisted Homeownership 

12 Opportunity Program as authorized under section 11 of 

13 the Housing Opportunity Program Extension Act of 1996, 

14 as amended: Provided further, That of the total amount 

15 provided under this heading, $35,000,000 shall be made 

16 available for the second, third, and fourth capacity build17 ing activities authorized under section 4(a) of the HUD 

18 Demonstration Act of 1993 (42 U.S.C. 9816 note), of 

19 which not less than $5,000,000 shall be made available 

20 for rural capacity building activities: Provided further, 

21 That of the total amount provided under this heading, 

22 $5,000,000 shall be made available for capacity building 

23 by national rural housing organizations with experience 

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1 search to local nonprofits, local governments and Indian 

2 Tribes serving high need rural communities. 

3 HOMELESS ASSISTANCE GRANTS

4 (INCLUDING TRANSFER OF FUNDS)

5 For the emergency solutions grants program as au6 thorized under subtitle B of title IV of the McKinney7 Vento Homeless Assistance Act, as amended; the con8 tinuum of care program as authorized under subtitle C 

9 of title IV of such Act; and the rural housing stability as10 sistance program as authorized under subtitle D of title 

11 IV of such Act, $2,185,000,000, to remain available until 

12 September 30, 2018: Provided, That any rental assistance 

13 amounts that are recaptured under such continuum of 

14 care program shall remain available until expended: Pro15 vided further, That not less than $250,000,000 of the 

16 funds appropriated under this heading shall be available 

17 for such emergency solutions grants program: Provided 

18 further, That not less than $1,905,000,000 of the funds 

19 appropriated under this heading shall be available for such 

20 continuum of care and rural housing stability assistance 

21 programs: Provided further, That up to $5,000,000 of the 

22 funds appropriated under this heading shall be available 

23 for the national homeless data analysis project: Provided 

24 further, That all funds awarded for supportive services 

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1 ing stability assistance program shall be matched by not 

2 less than 25 percent in cash or in kind by each grantee: 

3 Provided further, That for all match requirements applica4 ble to funds made available under this heading for this 

5 fiscal year and prior years, a grantee may use (or could 

6 have used) as a source of match funds other funds admin7 istered by the Secretary and other Federal agencies unless 

8 there is (or was) a specific statutory prohibition on any 

9 such use of any such funds: Provided further, That the 

10 Secretary shall establish minimum project performance 

11 thresholds for each grantee under the continuum of care 

12 program based on program performance data: Provided 

13 further, That none of the funds provided under this head14 ing shall be available to renew any expiring contract or 

15 amendment to a contract funded under the continuum of 

16 care program unless the Secretary determines that the ex17 piring contract or amendment to a contract is needed 

18 under the applicable continuum of care and meets appro19 priate program requirements, financial standards, and 

20 performance measures, including the minimum perform21 ance thresholds established in the previous proviso: Pro22 vided further, That the Secretary shall prioritize funding 

23 under the continuum of care program to grant applica24 tions that demonstrate a capacity to reallocate funding 

25 from lower performing projects to higher performing 


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1 projects: Provided further, That all awards of assistance 

2 under this heading shall be required to coordinate and in3 tegrate homeless programs with other mainstream health, 

4 social services, and employment programs for which home5 less populations may be eligible: Provided further, That 

6 with respect to funds provided under this heading for the 

7 continuum of care program for fiscal years 2013, 2014, 

8 2015, and 2016 provision of permanent housing rental as9 sistance may be administered by private nonprofit organi10 zations: Provided further, That any unobligated amounts 

11 remaining from funds appropriated under this heading in 

12 fiscal year 2012 and prior years for project-based rental 

13 assistance for rehabilitation projects with 10-year grant 

14 terms may be used for purposes under this heading, not15 withstanding the purposes for which such funds were ap16 propriated: Provided further, That all balances for Shelter 

17 Plus Care renewals previously funded from the Shelter 

18 Plus Care Renewal account and transferred to this ac19 count shall be available, if recaptured, for continuum of 

20 care renewals in fiscal year 2016: Provided further, That 

21 the Department shall notify grantees of their formula allo22 cation from amounts allocated (which may represent ini23 tial or final amounts allocated) for the emergency solu24 tions grant program within 60 days of enactment of this 

25 Act. 


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1 HOUSING PROGRAMS

2 PROJECT-BASED RENTAL ASSISTANCE

3 For activities and assistance for the provision of 

4 project-based subsidy contracts under the United States 

5 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 

6 Act’’), not otherwise provided for, $10,254,000,000, to re7 main available until expended, shall be available on Octo8 ber 1, 2015 (in addition to the $400,000,000 previously 

9 appropriated under this heading that became available Oc10 tober 1, 2015), and $400,000,000, to remain available 

11 until expended, shall be available on October 1, 2016: Pro12 vided, That the amounts made available under this head13 ing shall be available for expiring or terminating section 

14 8 project-based subsidy contracts (including section 8 

15 moderate rehabilitation contracts), for amendments to sec16 tion 8 project-based subsidy contracts (including section 

17 8 moderate rehabilitation contracts), for contracts entered 

18 into pursuant to section 441 of the McKinney-Vento 

19 Homeless Assistance Act (42 U.S.C. 11401), for renewal 

20 of section 8 contracts for units in projects that are subject 

21 to approved plans of action under the Emergency Low In22 come Housing Preservation Act of 1987 or the Low-In23 come Housing Preservation and Resident Homeownership 

24 Act of 1990, and for administrative and other expenses 

25 associated with project-based activities and assistance 


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1 funded under this paragraph: Provided further, That of 

2 the total amounts provided under this heading, not to ex3 ceed $150,000,000 shall be available for performance4 based contract administrators for section 8 project-based 

5 assistance, for carrying out 42 U.S.C. 1437(f): Provided 

6 further, That the Secretary of Housing and Urban Devel7 opment may also use such amounts in the previous proviso 

8 for performance-based contract administrators for the ad9 ministration of: (1) interest reduction payments pursuant 

10 to section 236(a) of the National Housing Act (12 U.S.C. 

11 1715z–1(a)); (2) rent supplement payments pursuant to 

12 section 101 of the Housing and Urban Development Act 

13 of 1965 (12 U.S.C. 1701s); (3) section 236(f)(2) rental 

14 assistance payments (12 U.S.C. 1715z–1(f)(2)); (4) 

15 project rental assistance contracts for the elderly under 

16 section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 

17 1701q); (5) project rental assistance contracts for sup18 portive housing for persons with disabilities under section 

19 811(d)(2) of the Cranston-Gonzalez National Affordable 

20 Housing Act (42 U.S.C. 8013(d)(2)); (6) project assist21 ance contracts pursuant to section 202(h) of the Housing 

22 Act of 1959 (Public Law 86–372; 73 Stat. 667); and (7) 

23 loans under section 202 of the Housing Act of 1959 (Pub24 lic Law 86–372; 73 Stat. 667): Provided further, That 

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1 nual Contributions for Assisted Housing’’, or the heading 

2 ‘‘Housing Certificate Fund’’, may be used for renewals of 

3 or amendments to section 8 project-based contracts or for 

4 performance-based contract administrators, notwith5 standing the purposes for which such amounts were appro6 priated: Provided further, That, notwithstanding any other 

7 provision of law, upon the request of the Secretary of 

8 Housing and Urban Development, project funds that are 

9 held in residual receipts accounts for any project subject 

10 to a section 8 project-based Housing Assistance Payments 

11 contract that authorizes HUD or a Housing Finance 

12 Agency to require that surplus project funds be deposited 

13 in an interest-bearing residual receipts account and that 

14 are in excess of an amount to be determined by the Sec15 retary, shall be remitted to the Department and deposited 

16 in this account, to be available until expended: Provided 

17 further, That amounts deposited pursuant to the previous 

18 proviso shall be available in addition to the amount other19 wise provided by this heading for uses authorized under 

20 this heading. 

21 HOUSING FOR THE ELDERLY

22 For amendments to capital advance contracts for 

23 housing for the elderly, as authorized by section 202 of 

24 the Housing Act of 1959, as amended, and for project 

25 rental assistance for the elderly under section 202(c)(2) 


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1 of such Act, including amendments to contracts for such 

2 assistance and renewal of expiring contracts for such as3 sistance for up to a 1-year term, and for senior preserva4 tion rental assistance contracts, including renewals, as au5 thorized by section 811(e) of the American Housing and 

6 Economic Opportunity Act of 2000, as amended, and for 

7 supportive services associated with the housing, 

8 $414,000,000 (increased by $2,500,000) to remain avail9 able until September 30, 2019: Provided, That of the 

10 amount provided under this heading, up to $77,000,000 

11 shall be for service coordinators and the continuation of 

12 existing congregate service grants for residents of assisted 

13 housing projects: Provided further, That amounts under 

14 this heading shall be available for Real Estate Assessment 

15 Center inspections and inspection-related activities associ16 ated with section 202 projects: Provided further, That the 

17 Secretary may waive the provisions of section 202 gov18 erning the terms and conditions of project rental assist19 ance, except that the initial contract term for such assist20 ance shall not exceed 5 years in duration: Provided further, 

21 That upon request of the Secretary of Housing and Urban 

22 Development, project funds that are held in residual re23 ceipts accounts for any project subject to a section 202 

24 project rental assistance contract, and that upon termi25 nation of such contract are in excess of an amount to be 


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1 determined by the Secretary, shall be remitted to the De2 partment and deposited in this account, to be available 

3 until September 30, 2019, for purposes under this head4 ing, and shall be in addition to the amounts otherwise pro5 vided under this heading for such purposes: Provided fur6 ther, That in addition, of the prior year unobligated bal7 ances of funds, including recaptures and carryover, made 

8 available under this heading, $47,000,000 shall be used 

9 for an additional amount for the purposes provided under 

10 this heading, notwithstanding any purpose for which origi11 nally appropriated. 

12 HOUSING FOR PERSONS WITH DISABILITIES

13 For amendments to capital advance contracts for 

14 supportive housing for persons with disabilities, as author15 ized by section 811 of the Cranston-Gonzalez National Af16 fordable Housing Act (42 U.S.C. 8013), for project rental 

17 assistance for supportive housing for persons with disabil18 ities under section 811(d)(2) of such Act and for project 

19 assistance contracts pursuant to section 202(h) of the 

20 Housing Act of 1959 (Public Law 86–372; 73 Stat. 667), 

21 including amendments to contracts for such assistance 

22 and renewal of expiring contracts for such assistance for 

23 up to a 1-year term, for project rental assistance to State 

24 housing finance agencies and other appropriate entities as 

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1 zalez National Housing Act, and for supportive services 

2 associated with the housing for persons with disabilities 

3 as authorized by section 811(b)(1) of such Act, 

4 $152,000,000, to remain available until September 30, 

5 2019: Provided, That amounts made available under this 

6 heading shall be available for Real Estate Assessment 

7 Center inspections and inspection-related activities associ8 ated with section 811 projects: Provided further, That, in 

9 this fiscal year, upon the request of the Secretary of Hous10 ing and Urban Development, project funds that are held 

11 in residual receipts accounts for any project subject to a 

12 section 811 project rental assistance contract and that 

13 upon termination of such contract are in excess of an 

14 amount to be determined by the Secretary shall be remit15 ted to the Department and deposited in this account, to 

16 be available until September 30, 2019: Provided further, 

17 That amounts deposited in this account pursuant to the 

18 previous proviso shall be available in addition to the 

19 amounts otherwise provided by this heading for the pur20 poses authorized under this heading: Provided further, 

21 That unobligated balances, including recaptures and car22 ryover, remaining from funds transferred to or appro23 priated under this heading may be used for the current 

24 purposes authorized under this heading notwithstanding 


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1 the purposes for which such funds originally were appro2 priated. 

3 HOUSING COUNSELING ASSISTANCE

4 For contracts, grants, and other assistance excluding 

5 loans, as authorized under section 106 of the Housing and 

6 Urban Development Act of 1968, as amended, 

7 $47,000,000, to remain available until September 30, 

8 2017, including up to $4,500,000 for administrative con9 tract services: Provided, That grants made available from 

10 amounts provided under this heading shall be awarded 

11 within 180 days of enactment of this Act: Provided further, 

12 That funds shall be used for providing counseling and ad13 vice to tenants and homeowners, both current and pro14 spective, with respect to property maintenance, financial 

15 management/literacy, and such other matters as may be 

16 appropriate to assist them in improving their housing con17 ditions, meeting their financial needs, and fulfilling the re18 sponsibilities of tenancy or homeownership; for program 

19 administration; and for housing counselor training: Pro20 vided further, That for purposes of providing such grants 

21 from amounts provided under this heading, the Secretary 

22 may enter into multiyear agreements as is appropriate, 

23 subject to the availability of annual appropriations. 


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1 RENTAL HOUSING ASSISTANCE

2 For amendments to contracts under section 101 of 

3 the Housing and Urban Development Act of 1965 (12 

4 U.S.C. 1701s) and section 236(f)(2) of the National 

5 Housing Act (12 U.S.C. 1715z–1) in State-aided, non6 insured rental housing projects, $30,000,000, to remain 

7 available until expended: Provided, That such amount, to8 gether with unobligated balances from recaptured 

9 amounts appropriated prior to fiscal year 2006 from ter10 minated contracts under such sections of law, and any un11 obligated balances, including recaptures and carryover, re12 maining from funds appropriated under this heading after 

13 fiscal year 2005, shall also be available for extensions of 

14 up to one year for expiring contracts under such sections 

15 of law. 

16 PAYMENT TO MANUFACTURED HOUSING FEES TRUST

17 FUND

18 For necessary expenses as authorized by the National 

19 Manufactured Housing Construction and Safety Stand20 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 

21 $11,000,000, to remain available until expended, of which 

22 $11,000,000 is to be derived from the Manufactured 

23 Housing Fees Trust Fund: Provided, That not to exceed 

24 the total amount appropriated under this heading shall be 

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1 tent necessary to incur obligations and make expenditures 

2 pending the receipt of collections to the Fund pursuant 

3 to section 620 of such Act: Provided further, That the 

4 amount made available under this heading from the gen5 eral fund shall be reduced as such collections are received 

6 during fiscal year 2016 so as to result in a final fiscal 

7 year 2016 appropriation from the general fund estimated 

8 at zero, and fees pursuant to such section 620 shall be 

9 modified as necessary to ensure such a final fiscal year 

10 2016 appropriation: Provided further, That for the dispute 

11 resolution and installation programs, the Secretary of 

12 Housing and Urban Development may assess and collect 

13 fees from any program participant: Provided further, That 

14 such collections shall be deposited into the Fund, and the 

15 Secretary, as provided herein, may use such collections, 

16 as well as fees collected under section 620, for necessary 

17 expenses of such Act: Provided further, That, notwith18 standing the requirements of section 620 of such Act, the 

19 Secretary may carry out responsibilities of the Secretary 

20 under such Act through the use of approved service pro21 viders that are paid directly by the recipients of their serv22 ices. 


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1 FEDERAL HOUSING ADMINISTRATION

2 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

3 New commitments to guarantee single family loans 

4 insured under the Mutual Mortgage Insurance Fund shall 

5 not exceed $400,000,000,000, to remain available until 

6 September 30, 2017: Provided, That during fiscal year 

7 2016, obligations to make direct loans to carry out the 

8 purposes of section 204(g) of the National Housing Act, 

9 as amended, shall not exceed $5,000,000: Provided fur10 ther, That the foregoing amount in the previous proviso 

11 shall be for loans to nonprofit and governmental entities 

12 in connection with sales of single family real properties 

13 owned by the Secretary and formerly insured under the 

14 Mutual Mortgage Insurance Fund: Provided Further, That 

15 for administrative contract expenses of the Federal Hous16 ing Administration, $130,000,000, to remain available 

17 until September 30, 2017. 

18 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

19 New commitments to guarantee loans insured under 

20 the General and Special Risk Insurance Funds, as author21 ized by sections 238 and 519 of the National Housing Act 

22 (12 U.S.C. 1715z–3 and 1735c), shall not exceed 

23 $30,000,000,000 in total loan principal, any part of which 

24 is to be guaranteed, to remain available until September 

25 30, 2017: Provided, That during fiscal year 2016, gross 


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1 obligations for the principal amount of direct loans, as au2 thorized by sections 204(g), 207(l), 238, and 519(a) of 

3 the National Housing Act, shall not exceed $5,000,000, 

4 which shall be for loans to nonprofit and governmental en5 tities in connection with the sale of single family real prop6 erties owned by the Secretary and formerly insured under 

7 such Act. 

8 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

9 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

10 GUARANTEE PROGRAM ACCOUNT

11 New commitments to issue guarantees to carry out 

12 the purposes of section 306 of the National Housing Act, 

13 as amended (12 U.S.C. 1721(g)), shall not exceed 

14 $500,000,000,000, to remain available until September 

15 30, 2017: Provided, That $23,000,000 shall be available 

16 for necessary salaries and expenses of the Office of Gov17 ernment National Mortgage Association: Provided further, 

18 That receipts from Commitment and Multiclass fees col19 lected pursuant to title III of the National Housing Act, 

20 as amended, shall be credited as offsetting collections to 

21 this account. 

22 POLICY DEVELOPMENT AND RESEARCH

23 RESEARCH AND TECHNOLOGY

24 For contracts, grants, and necessary expenses of pro25 grams of research and studies relating to housing and 


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1 urban problems, not otherwise provided for, as authorized 

2 by title V of the Housing and Urban Development Act 

3 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 

4 out the functions of the Secretary of Housing and Urban 

5 Development under section 1(a)(1)(i) of Reorganization 

6 Plan No. 2 of 1968, $52,500,000 (reduced by 

7 $2,500,000), to remain available until September 30, 

8 2017: Provided, That with respect to amounts made avail9 able under this heading, notwithstanding section 204 of 

10 this title, the Secretary may enter into cooperative agree11 ments funded with philanthropic entities, other Federal 

12 agencies, or State or local governments and their agencies 

13 for research projects: Provided further, That with respect 

14 to the previous proviso, such partners to the cooperative 

15 agreements must contribute at least a 50 percent match 

16 toward the cost of the project: Provided further, That for 

17 non-competitive agreements entered into in accordance 

18 with the previous two provisos, the Secretary of Housing 

19 and Urban Development shall comply with section 2(b) of 

20 the Federal Funding Accountability and Transparency 

21 Act of 2006 (Public Law 109–282, 31 U.S.C. note) in lieu 

22 of compliance with section 102(a)(4)(C) with respect to 

23 documentation of award decisions: Provided further, That 

24 prior to obligation of technical assistance funding, the Sec25 retary shall submit a plan, for approval, to the House and 


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1 Senate Committees on Appropriations on how it will allo2 cate funding for this activity. 

3 FAIR HOUSING AND EQUAL OPPORTUNITY

4 FAIR HOUSING ACTIVITIES

5 For contracts, grants, and other assistance, not oth6 erwise provided for, as authorized by title VIII of the Civil 

7 Rights Act of 1968, as amended by the Fair Housing 

8 Amendments Act of 1988, and section 561 of the Housing 

9 and Community Development Act of 1987, as amended, 

10 $65,300,000 (reduced by $28,375,000) (increased by 

11 $28,375,000), to remain available until September 30, 

12 2017: Provided, That notwithstanding 31 U.S.C. 3302, 

13 the Secretary may assess and collect fees to cover the costs 

14 of the Fair Housing Training Academy, and may use such 

15 funds to provide such training: Provided further, That no 

16 funds made available under this heading shall be used to 

17 lobby the executive or legislative branches of the Federal 

18 Government in connection with a specific contract, grant, 

19 or loan: Provided further, That of the funds made available 

20 under this heading, $300,000 (increased by $150,000) 

21 shall be available to the Secretary of Housing and Urban 

22 Development for the creation and promotion of translated 

23 materials and other programs that support the assistance 

24 of persons with limited English proficiency in utilizing the 


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1 services provided by the Department of Housing and 

2 Urban Development. 

3 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

4 HOMES

5 LEAD HAZARD REDUCTION

6 For the Lead Hazard Reduction Program, as author7 ized by section 1011 of the Residential Lead-Based Paint 

8 Hazard Reduction Act of 1992, $75,000,000, to remain 

9 available until September 30, 2017: Provided, That up to 

10 $15,000,000 of that amount shall be for the Healthy 

11 Homes Initiative, pursuant to sections 501 and 502 of the 

12 Housing and Urban Development Act of 1970 that shall 

13 include research, studies, testing, and demonstration ef14 forts, including education and outreach concerning lead15 based paint poisoning and other housing-related diseases 

16 and hazards: Provided further, That for purposes of envi17 ronmental review, pursuant to the National Environ18 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 

19 other provisions of the law that further the purposes of 

20 such Act, a grant under the Healthy Homes Initiative, or 

21 the Lead Technical Studies program under this heading 

22 or under prior appropriations Acts for such purposes 

23 under this heading, shall be considered to be funds for 

24 a special project for purposes of section 305(c) of the Mul25 tifamily Housing Property Disposition Reform Act of 


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1 1994: Provided further, That amounts made available 

2 under this heading in this or prior appropriations Acts, 

3 and that still remain available, may be used for any pur4 pose under this heading notwithstanding the purpose for 

5 which such amounts were appropriated if a program com6 petition is undersubscribed and there are other program 

7 competitions under this heading that are oversubscribed. 

8 INFORMATION TECHNOLOGY FUND

9 For the development of, modifications to, and infra10 structure for Department-wide and program-specific infor11 mation technology systems, for the continuing operation 

12 and maintenance of both Department-wide and program13 specific information systems, and for program-related 

14 maintenance activities, $100,000,000 (reduced by 

15 $3,000,000): Provided, That any amounts transferred to 

16 this Fund under this Act shall remain available until ex17 pended: Provided further, That any amounts transferred 

18 to this Fund from amounts appropriated by previously en19 acted appropriations Acts may be used for the purposes 

20 specified under this Fund, in addition to any other infor21 mation technology purposes for which such amounts were 

22 appropriated. 

23 OFFICE OF INSPECTOR GENERAL

24 For necessary salaries and expenses of the Office of 

25 Inspector General in carrying out the Inspector General 


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1 Act of 1978, as amended, $126,000,000: Provided, That 

2 the Inspector General shall have independent authority 

3 over all personnel issues within this office. 

4 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

5 URBAN DEVELOPMENT

6 (INCLUDING RESCISSIONS)

7 SEC. 201. Eighty five percent of the amounts of 

8 budget authority, or in lieu thereof 85 percent of the cash 

9 amounts associated with such budget authority, that are 

10 recaptured from projects described in section 1012(a) of 

11 the Stewart B. McKinney Homeless Assistance Amend12 ments Act of 1988 (42 U.S.C. 1437 note) shall be re13 scinded or in the case of cash, shall be remitted to the 

14 Treasury. Notwithstanding the previous sentence, the Sec15 retary may award up to 15 percent of the budget authority 

16 or cash recaptured and not rescinded or remitted to the 

17 Treasury to provide project owners with incentives to refi18 nance their project at a lower interest rate. Any amounts 

19 of budget authority or cash recaptured and not rescinded, 

20 returned to the Treasury, or otherwise awarded by Sep21 tember 30, 2016, shall be rescinded or in the case of cash, 

22 shall be remitted to the Treasury. 

23 SEC. 202. None of the amounts made available under 

24 this Act may be used during fiscal year 2016 to investigate 

25 or prosecute under the Fair Housing Act any otherwise 


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1 lawful activity engaged in by one or more persons, includ2 ing the filing or maintaining of a nonfrivolous legal action, 

3 that is engaged in solely for the purpose of achieving or 

4 preventing action by a Government official or entity, or 

5 a court of competent jurisdiction. 

6 SEC. 203. Sections 203 and 209 of division C of Pub7 lic Law 112–55 (125 Stat. 693–694) shall apply during 

8 fiscal year 2016 as if such sections were included in this 

9 title, except that during such fiscal year such sections shall 

10 be applied by substituting ‘‘fiscal year 2016’’ for ‘‘fiscal 

11 year 2011’’ and for ‘‘fiscal year 2012’’ each place such 

12 terms appear, and shall be amended to reflect revised de13 lineations of statistical areas established by the Office of 

14 Management and Budget pursuant to 44 U.S.C. 

15 3504(e)(3), 31 U.S.C. 1104(d), and Executive Order No. 

16 10253. 

17 SEC. 204. Except as explicitly provided in law, any 

18 grant, cooperative agreement or other assistance made 

19 pursuant to title II of this Act shall be made on a competi20 tive basis and in accordance with section 102 of the De21 partment of Housing and Urban Development Reform Act 

22 of 1989 (42 U.S.C. 3545). 

23 SEC. 205. Funds of the Department of Housing and 

24 Urban Development subject to the Government Corpora25 tion Control Act or section 402 of the Housing Act of 


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1 1950 shall be available, without regard to the limitations 

2 on administrative expenses, for legal services on a contract 

3 or fee basis, and for utilizing and making payment for the 

4 services and facilities of the Federal National Mortgage 

5 Association, Government National Mortgage Association, 

6 Federal Home Loan Mortgage Corporation, Federal Fi7 nancing Bank, Federal Reserve banks or any member 

8 thereof, Federal Home Loan banks, and any insured bank 

9 within the meaning of the Federal Deposit Insurance Cor10 poration Act, as amended (12 U.S.C. 1811–11). 

11 SEC. 206. Unless otherwise provided for in this Act 

12 or through a reprogramming of funds, no part of any ap13 propriation for the Department of Housing and Urban 

14 Development shall be available for any program, project 

15 or activity in excess of amounts set forth in the budget 

16 estimates submitted to Congress. 

17 SEC. 207. Corporations and agencies of the Depart18 ment of Housing and Urban Development which are sub19 ject to the Government Corporation Control Act are here20 by authorized to make such expenditures, within the limits 

21 of funds and borrowing authority available to each such 

22 corporation or agency and in accordance with law, and to 

23 make such contracts and commitments without regard to 

24 fiscal year limitations as provided by section 104 of such 

25 Act as may be necessary in carrying out the programs set 


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1 forth in the budget for 2016 for such corporation or agen2 cy except as hereinafter provided: Provided, That collec3 tions of these corporations and agencies may be used for 

4 new loan or mortgage purchase commitments only to the 

5 extent expressly provided for in this Act (unless such loans 

6 are in support of other forms of assistance provided for 

7 in this or prior appropriations Acts), except that this pro8 viso shall not apply to the mortgage insurance or guaranty 

9 operations of these corporations, or where loans or mort10 gage purchases are necessary to protect the financial in11 terest of the United States Government. 

12 SEC. 208. The Secretary of Housing and Urban De13 velopment shall provide quarterly reports to the House 

14 and Senate Committees on Appropriations regarding all 

15 uncommitted, unobligated, recaptured and excess funds in 

16 each program and activity within the jurisdiction of the 

17 Department and shall submit additional, updated budget 

18 information to these Committees upon request. 

19 SEC. 209. The President’s formal budget request for 

20 fiscal year 2017, as well as the Department of Housing 

21 and Urban Development’s congressional budget justifica22 tions to be submitted to the Committees on Appropriations 

23 of the House of Representatives and the Senate, shall use 

24 the identical account and sub-account structure provided 

25 under this Act. 


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1 SEC. 210. A public housing agency or such other enti2 ty that administers Federal housing assistance for the 

3 Housing Authority of the county of Los Angeles, Cali4 fornia, and the States of Alaska, Iowa, and Mississippi 

5 shall not be required to include a resident of public hous6 ing or a recipient of assistance provided under section 8 

7 of the United States Housing Act of 1937 on the board 

8 of directors or a similar governing board of such agency 

9 or entity as required under section (2)(b) of such Act. 

10 Each public housing agency or other entity that admin11 isters Federal housing assistance under section 8 for the 

12 Housing Authority of the county of Los Angeles, Cali13 fornia, and the States of Alaska, Iowa, and Mississippi 

14 that chooses not to include a resident of public housing 

15 or a recipient of section 8 assistance on the board of direc16 tors or a similar governing board shall establish an advi17 sory board of not less than six residents of public housing 

18 or recipients of section 8 assistance to provide advice and 

19 comment to the public housing agency or other admin20 istering entity on issues related to public housing and sec21 tion 8. Such advisory board shall meet not less than quar22 terly. 

23 SEC. 211. No funds provided under this title may be 

24 used for an audit of the Government National Mortgage 


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1 Association that makes applicable requirements under the 

2 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

3 SEC. 212. (a) Notwithstanding any other provision 

4 of law, subject to the conditions listed under this section, 

5 for fiscal years 2016 and 2017, the Secretary of Housing 

6 and Urban Development may authorize the transfer of 

7 some or all project-based assistance, debt held or insured 

8 by the Secretary and statutorily required low-income and 

9 very low-income use restrictions if any, associated with one 

10 or more multifamily housing project or projects to another 

11 multifamily housing project or projects. 

12 (b) Transfers of project-based assistance under this 

13 section may be done in phases to accommodate the financ14 ing and other requirements related to rehabilitating or 

15 constructing the project or projects to which the assistance 

16 is transferred, to ensure that such project or projects meet 

17 the standards under subsection (c). 

18 (c) The transfer authorized in subsection (a) is sub19 ject to the following conditions: 

20 (1) Number and bedroom size of units: 

21 (A) For occupied units in the transferring 

22 project: the number of low-income and very low23 income units and the configuration (i.e., bed24 room size) provided by the transferring project 

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1 ceiving project or projects and the net dollar 

2 amount of Federal assistance provided to the 

3 transferring project shall remain the same in 

4 the receiving project or projects. 

5 (B) For unoccupied units in the transfer6 ring project the Secretary may authorize a re7 duction in the number of dwelling units in the 

8 receiving project or projects to allow for a re9 configuration of bedroom sizes to meet current 

10 market demands, as determined by the Sec11 retary and provided there is no increase in the 

12 project-based assistance budget authority. 

13 (2) The transferring project shall, as deter14 mined by the Secretary, be either physically obsolete 

15 or economically nonviable. 

16 (3) The receiving project or projects shall meet 

17 or exceed applicable physical standards established 

18 by the Secretary. 

19 (4) The owner or mortgagor of the transferring 

20 project shall notify and consult with the tenants re21 siding in the transferring project and provide a cer22 tification of approval by all appropriate local govern23 mental officials. 

24 (5) The tenants of the transferring project who 

25 remain eligible for assistance to be provided by the 


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1 receiving project or projects shall not be required to 

2 vacate their units in the transferring project or 

3 projects until new units in the receiving project are 

4 available for occupancy. 

5 (6) The Secretary determines that this transfer 

6 is in the best interest of the tenants. 

7 (7) If either the transferring project or the re8 ceiving project or projects meets the condition speci9 fied in subsection (d)(2)(A), any lien on the receiv10 ing project resulting from additional financing ob11 tained by the owner shall be subordinate to any 

12 FHA-insured mortgage lien transferred to, or placed 

13 on, such project by the Secretary, except that the 

14 Secretary may waive this requirement upon deter15 mination that such a waiver is necessary to facilitate 

16 the financing of acquisition, construction, and/or re17 habilitation of the receiving project or projects. 

18 (8) If the transferring project meets the re19 quirements of subsection (d)(2), the owner or mort20 gagor of the receiving project or projects shall exe21 cute and record either a continuation of the existing 

22 use agreement or a new use agreement for the 

23 project where, in either case, any use restrictions in 

24 such agreement are of no lesser duration than the 

25 existing use restrictions. 


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1 (9) The transfer does not increase the cost (as 

2 defined in section 502 of the Congressional Budget 

3 Act of 1974, as amended) of any FHA-insured 

4 mortgage, except to the extent that appropriations 

5 are provided in advance for the amount of any such 

6 increased cost. 

7 (d) For purposes of this section— 

8 (1) the terms ‘‘low-income’’ and ‘‘very low-in9 come’’ shall have the meanings provided by the stat10 ute and/or regulations governing the program under 

11 which the project is insured or assisted; 

12 (2) the term ‘‘multifamily housing project’’ 

13 means housing that meets one of the following con14 ditions— 

15 (A) housing that is subject to a mortgage 

16 insured under the National Housing Act; 

17 (B) housing that has project-based assist18 ance attached to the structure including 

19 projects undergoing mark to market debt re20 structuring under the Multifamily Assisted 

21 Housing Reform and Affordability Housing Act; 

22 (C) housing that is assisted under section 

23 202 of the Housing Act of 1959, as amended 

24 by section 801 of the Cranston-Gonzales Na25 tional Affordable Housing Act; 


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1 (D) housing that is assisted under section 

2 202 of the Housing Act of 1959, as such sec3 tion existed before the enactment of the Cran4 ston-Gonzales National Affordable Housing Act; 

5 (E) housing that is assisted under section 

6 811 of the Cranston-Gonzales National Afford7 able Housing Act; or 

8 (F) housing or vacant land that is subject 

9 to a use agreement; 

10 (3) the term ‘‘project-based assistance’’ 

11 means— 

12 (A) assistance provided under section 8(b) 

13 of the United States Housing Act of 1937; 

14 (B) assistance for housing constructed or 

15 substantially rehabilitated pursuant to assist16 ance provided under section 8(b)(2) of such Act 

17 (as such section existed immediately before Oc18 tober 1, 1983); 

19 (C) rent supplement payments under sec20 tion 101 of the Housing and Urban Develop21 ment Act of 1965; 

22 (D) interest reduction payments under sec23 tion 236 and/or additional assistance payments 

24 under section 236(f)(2) of the National Hous25 ing Act; 


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1 (E) assistance payments made under sec2 tion 202(c)(2) of the Housing Act of 1959; and 

3 (F) assistance payments made under sec4 tion 811(d)(2) of the Cranston-Gonzalez Na5 tional Affordable Housing Act; 

6 (4) the term ‘‘receiving project or projects’’ 

7 means the multifamily housing project or projects to 

8 which some or all of the project-based assistance, 

9 debt, and statutorily required low-income and very 

10 low-income use restrictions are to be transferred; 

11 (5) the term ‘‘transferring project’’ means the 

12 multifamily housing project which is transferring 

13 some or all of the project-based assistance, debt, and 

14 the statutorily required low-income and very low-in15 come use restrictions to the receiving project or 

16 projects; and 

17 (6) the term ‘‘Secretary’’ means the Secretary 

18 of Housing and Urban Development. 

19 (e) PUBLIC NOTICE AND RESEARCH REPORT.— 

20 (1) The Secretary shall publish by notice in the 

21 Federal Register the terms and conditions, including 

22 criteria for HUD approval, of transfers pursuant to 

23 this section no later than 30 days before the effec24 tive date of such notice. 


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1 (2) The Secretary shall conduct an evaluation 

2 of the transfer authority under this section, includ3 ing the effect of such transfers on the operational ef4 ficiency, contract rents, physical and financial condi5 tions, and long-term preservation of the affected 

6 properties. 

7 SEC. 213. (a) No assistance shall be provided under 

8 section 8 of the United States Housing Act of 1937 (42 

9 U.S.C. 1437f) to any individual who— 

10 (1) is enrolled as a student at an institution of 

11 higher education (as defined under section 102 of 

12 the Higher Education Act of 1965 (20 U.S.C. 

13 1002)); 

14 (2) is under 24 years of age; 

15 (3) is not a veteran; 

16 (4) is unmarried; 

17 (5) does not have a dependent child; 

18 (6) is not a person with disabilities, as such 

19 term is defined in section 3(b)(3)(E) of the United 

20 States Housing Act of 1937 (42 U.S.C. 

21 1437a(b)(3)(E)) and was not receiving assistance 

22 under such section 8 as of November 30, 2005; and 

23 (7) is not otherwise individually eligible, or has 

24 parents who, individually or jointly, are not eligible, 


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1 to receive assistance under section 8 of the United 

2 States Housing Act of 1937 (42 U.S.C. 1437f). 

3 (b) For purposes of determining the eligibility of a 

4 person to receive assistance under section 8 of the United 

5 States Housing Act of 1937 (42 U.S.C. 1437f), any finan6 cial assistance (in excess of amounts received for tuition 

7 and any other required fees and charges) that an indi8 vidual receives under the Higher Education Act of 1965 

9 (20 U.S.C. 1001 et seq.), from private sources, or an insti10 tution of higher education (as defined under the Higher 

11 Education Act of 1965 (20 U.S.C. 1002)), shall be consid12 ered income to that individual, except for a person over 

13 the age of 23 with dependent children. 

14 SEC. 214. The funds made available for Native Alas15 kans under the heading ‘‘Native American Housing Block 

16 Grants’’ in title II of this Act shall be allocated to the 

17 same Native Alaskan housing block grant recipients that 

18 received funds in fiscal year 2005. 

19 SEC. 215. Notwithstanding the limitation in the first 

20 sentence of section 255(g) of the National Housing Act 

21 (12 U.S.C. 1715z–20(g)), the Secretary of Housing and 

22 Urban Development may, until September 30, 2016, in23 sure and enter into commitments to insure mortgages 

24 under such section 255. 


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1 SEC. 216. Notwithstanding any other provision of 

2 law, in fiscal year 2016, in managing and disposing of any 

3 multifamily property that is owned or has a mortgage held 

4 by the Secretary of Housing and Urban Development, and 

5 during the process of foreclosure on any property with a 

6 contract for rental assistance payments under section 8 

7 of the United States Housing Act of 1937 or other Fed8 eral programs, the Secretary shall maintain any rental as9 sistance payments under section 8 of the United States 

10 Housing Act of 1937 and other programs that are at11 tached to any dwelling units in the property. To the extent 

12 the Secretary determines, in consultation with the tenants 

13 and the local government, that such a multifamily prop14 erty owned or held by the Secretary is not feasible for con15 tinued rental assistance payments under such section 8 

16 or other programs, based on consideration of: (1) the costs 

17 of rehabilitating and operating the property and all avail18 able Federal, State, and local resources, including rent ad19 justments under section 524 of the Multifamily Assisted 

20 Housing Reform and Affordability Act of 1997 

21 (‘‘MAHRAA’’); and (2) environmental conditions that 

22 cannot be remedied in a cost-effective fashion, the Sec23 retary may, in consultation with the tenants of that prop24 erty, contract for project-based rental assistance payments 

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1 erties, or provide other rental assistance. The Secretary 

2 shall also take appropriate steps to ensure that project3 based contracts remain in effect prior to foreclosure, sub4 ject to the exercise of contractual abatement remedies to 

5 assist relocation of tenants for imminent major threats to 

6 health and safety after written notice to and informed con7 sent of the affected tenants and use of other available rem8 edies, such as partial abatements or receivership. After 

9 disposition of any multifamily property described under 

10 this section, the contract and allowable rent levels on such 

11 properties shall be subject to the requirements under sec12 tion 524 of MAHRAA. 

13 SEC. 217. The commitment authority funded by fees 

14 as provided under the heading ‘‘Community Development 

15 Loan Guarantees Program Account’’ may be used to guar16 antee, or make commitments to guarantee, notes or other 

17 obligations issued by any State on behalf of non-entitle18 ment communities in the State in accordance with the re19 quirements of section 108 of the Housing and Community 

20 Development Act of 1974: Provided, That any State re21 ceiving such a guarantee or commitment shall distribute 

22 all funds subject to such guarantee to the units of general 

23 local government in non-entitlement areas that received 

24 the commitment. 


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1 SEC. 218. Public housing agencies that own and oper2 ate 400 or fewer public housing units may elect to be ex3 empt from any asset management requirement imposed by 

4 the Secretary of Housing and Urban Development in con5 nection with the operating fund rule: Provided, That an 

6 agency seeking a discontinuance of a reduction of subsidy 

7 under the operating fund formula shall not be exempt 

8 from asset management requirements. 

9 SEC. 219. With respect to the use of amounts pro10 vided in this Act and in future Acts for the operation, cap11 ital improvement and management of public housing as 

12 authorized by sections 9(d) and 9(e) of the United States 

13 Housing Act of 1937 (42 U.S.C. 1437g (d) and (e)), the 

14 Secretary shall not impose any requirement or guideline 

15 relating to asset management that restricts or limits in 

16 any way the use of capital funds for central office costs 

17 pursuant to section 9(g)(1) or 9(g)(2) of the United States 

18 Housing Act of 1937 (42 U.S.C. 1437g(g) (1) and (2)): 

19 Provided, That a public housing agency may not use cap20 ital funds authorized under section 9(d) for activities that 

21 are eligible under section 9(e) for assistance with amounts 

22 from the operating fund in excess of the amounts per23 mitted under section 9(g)(1) or 9(g)(2). 

24 SEC. 220. No official or employee of the Department 

25 of Housing and Urban Development shall be designated 


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1 as an allotment holder unless the Office of the Chief Fi2 nancial Officer has determined that such allotment holder 

3 has implemented an adequate system of funds control and 

4 has received training in funds control procedures and di5 rectives. The Chief Financial Officer shall ensure that 

6 there is a trained allotment holder for each HUD sub7 office under the accounts ‘‘Executive Offices’’ and ‘‘Ad8 ministrative Support Offices’’, as well as each account re9 ceiving appropriations for ‘‘Program Office Salaries and 

10 Expenses’’, ‘‘Government National Mortgage Associa11 tion—Guarantees of Mortgage-Backed Securities Loan 

12 Guarantee Program Account’’, and ‘‘Office of Inspector 

13 General’’ within the Department of Housing and Urban 

14 Development. 

15 SEC. 221. The Secretary of the Department of Hous16 ing and Urban Development shall, for fiscal year 2016, 

17 notify the public through the Federal Register and other 

18 means, as determined appropriate, of the issuance of a no19 tice of the availability of assistance or notice of funding 

20 availability (NOFA) for any program or discretionary 

21 fund administered by the Secretary that is to be competi22 tively awarded. Notwithstanding any other provision of 

23 law, for fiscal year 2016, the Secretary may make the 

24 NOFA available only on the Internet at the appropriate 


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1 Government web site or through other electronic media, 

2 as determined by the Secretary. 

3 SEC. 222. Payment of attorney fees in program-re4 lated litigation must be paid from the individual program 

5 office and Office of General Counsel personnel funding. 

6 The annual budget submissions for program offices and 

7 Office of General Counsel personnel funding must include 

8 program-related litigation costs for attorney fees as a sep9 arate line item request. 

10 SEC. 223. The Disaster Housing Assistance Pro11 grams, administered by the Department of Housing and 

12 Urban Development, shall be considered a ‘‘program of 

13 the Department of Housing and Urban Development’’ 

14 under section 904 of the McKinney Act for the purpose 

15 of income verifications and matching. 

16 SEC. 224. (a) The Secretary of Housing and Urban 

17 Development shall take the required actions under sub18 section (b) when a multifamily housing project with a sec19 tion 8 contract or contract for similar project-based assist20 ance— 

21 (1) receives a Real Estate Assessment Center 

22 (REAC) score of 30 or less; or 

23 (2) receives a REAC score between 31 and 59; 

24 and— 


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1 (A) fails to certify in writing to HUD with2 in 60 days that all deficiencies have been cor3 rected; or 

4 (B) receives consecutive scores of less than 

5 60 on REAC inspections. 

6 Such requirements shall apply to insured and noninsured 

7 projects with assistance attached to the units under sec8 tion 8 of the United States Housing Act of 1937 (42 

9 U.S.C. 1437f), but do not apply to such units assisted 

10 under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to 

11 public housing units assisted with capital or operating 

12 funds under section 9 of the United States Housing Act 

13 of 1937 (42 U.S.C. 1437g). 

14 (b) The Secretary shall take the following required 

15 actions as authorized under subsection (a): 

16 (1) The Secretary shall notify the owner and 

17 provide an opportunity for response within 30 days. 

18 If the violations remain, the Secretary shall develop 

19 a Compliance, Disposition and Enforcement Plan 

20 within 60 days, with a specified timetable for cor21 recting all deficiencies. The Secretary shall provide 

22 notice of the Plan to the owner, tenants, the local 

23 government, any mortgagees, and any contract ad24 ministrator. 


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1 (2) At the end of the term of the Compliance, 

2 Disposition and Enforcement Plan, if the owner fails 

3 to fully comply with such plan, the Secretary may 

4 require immediate replacement of project manage5 ment with a management agent approved by the 

6 Secretary, and shall take one or more of the fol7 lowing actions, and provide additional notice of those 

8 actions to the owner and the parties specified 

9 above— 

10 (A) impose civil money penalties; 

11 (B) abate the section 8 contract, including 

12 partial abatement, as determined by the Sec13 retary, until all deficiencies have been corrected; 

14 (C) pursue transfer of the project to an 

15 owner, approved by the Secretary under estab16 lished procedures, which will be obligated to 

17 promptly make all required repairs and to ac18 cept renewal of the assistance contract as long 

19 as such renewal is offered; or 

20 (D) seek judicial appointment of a receiver 

21 to manage the property and cure all project de22 ficiencies or seek a judicial order of specific per23 formance requiring the owner to cure all project 

24 deficiencies. 


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1 (c) The Secretary shall also take appropriate steps 

2 to ensure that project-based contracts remain in effect, 

3 subject to the exercise of contractual abatement remedies 

4 to assist relocation of tenants for imminent major threats 

5 to health and safety after written notice to and informed 

6 consent of the affected tenants and use of other remedies 

7 set forth above. To the extent the Secretary determines, 

8 in consultation with the tenants and the local government, 

9 that the property is not feasible for continued rental as10 sistance payments under such section 8 or other programs, 

11 based on consideration of: (1) the costs of rehabilitating 

12 and operating the property and all available Federal, 

13 State, and local resources, including rent adjustments 

14 under section 524 of the Multifamily Assisted Housing 

15 Reform and Affordability Act of 1997 (‘‘MAHRAA’’); and 

16 (2) environmental conditions that cannot be remedied in 

17 a cost-effective fashion, the Secretary may, in consultation 

18 with the tenants of that property, contract for project19 based rental assistance payments with an owner or owners 

20 of other existing housing properties, or provide other rent21 al assistance. The Secretary shall report semi-annually on 

22 all properties covered by this section that are assessed 

23 through the Real Estate Assessment Center and have 

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1 tive physical inspection scores of less than 60. The report 

2 shall include— 

3 (1) the enforcement actions being taken to ad4 dress such conditions, including imposition of civil 

5 money penalties and termination of subsidies, and 

6 identify properties that have such conditions mul7 tiple times; and 

8 (2) actions that the Department of Housing 

9 and Urban Development is taking to protect tenants 

10 of such identified properties. 

11 SEC. 225. None of the funds made available by this 

12 Act, or any other Act, for purposes authorized under sec13 tion 8 (only with respect to the tenant-based rental assist14 ance program) and section 9 of the United States Housing 

15 Act of 1937 (42 U.S.C. 1437 et seq.), may be used by 

16 any public housing agency for any amount of salary, in17 cluding bonuses, for the chief executive officer of which, 

18 or any other official or employee of which, that exceeds 

19 the annual rate of basic pay payable for a position at level 

20 IV of the Executive Schedule at any time during any pub21 lic housing agency fiscal year 2016. 

22 SEC. 226. None of the funds in this Act may be avail23 able for the doctoral dissertation research grant program 

24 at the Department of Housing and Urban Development. 


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1 SEC. 227. None of the funds in this Act provided to 

2 the Department of Housing and Urban Development may 

3 be used to make a grant award unless the Secretary noti4 fies the House and Senate Committees on Appropriations 

5 not less than 3 full business days before any project, 

6 State, locality, housing authority, tribe, nonprofit organi7 zation, or other entity selected to receive a grant award 

8 is announced by the Department or its offices. 

9 SEC. 228. None of the funds made available by this 

10 Act may be used to require or enforce the Physical Needs 

11 Assessment (PNA). 

12 SEC. 229. None of the funds made available in this 

13 Act shall be used by the Federal Housing Administration, 

14 the Government National Mortgage Administration, or the 

15 Department of Housing and Urban Development to in16 sure, securitize, or establish a Federal guarantee of any 

17 mortgage or mortgage backed security that refinances or 

18 otherwise replaces a mortgage that has been subject to 

19 eminent domain condemnation or seizure, by a State, mu20 nicipality, or any other political subdivision of a State. 

21 SEC. 230. None of the funds made available by this 

22 Act may be used to terminate the status of a unit of gen23 eral local government as a metropolitan city (as defined 

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1 ment Act of 1974 (42 U.S.C. 5302)) with respect to 

2 grants under section 106 of such Act (42 U.S.C. 5306). 

3 SEC. 231. Amounts made available under this Act 

4 which are either appropriated, allocated, advanced on a 

5 reimbursable basis, or transferred to the Office of Policy 

6 Development and Research in the Department of Housing 

7 and Urban Development and functions thereof, for re8 search, evaluation, or statistical purposes, and which are 

9 unexpended at the time of completion of a contract, grant, 

10 or cooperative agreement, may be deobligated and shall 

11 immediately become available and may be reobligated in 

12 that fiscal year or the subsequent fiscal year for the re13 search, evaluation, or statistical purposes for which the 

14 amounts are made available to that Office subject to re15 programming requirements in section 405 of this Act. 

16 SEC. 232. None of the funds made available by this 

17 Act may be used by the Secretary of Housing and Urban 

18 Development to require a recipient or sub-recipient of 

19 funding for the purpose of land acquisition, affordable 

20 housing construction, or affordable housing rehabilitation 

21 to meet Energy Star standards or any other energy effi22 ciency standards that exceed the requirements of applica23 ble State and local building codes. 

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1 priated in section 1497(a) of the Dodd-Frank Wall Street 

2 Reform and Consumer Protection Act (Public Law 111– 

3 203; 42 U.S.C. 5301 note) and section 2301(a) of title 

4 III of division B of the Housing and Economic Recovery 

5 Act of 2008 (Public Law 110–289; 42 U.S.C. 5301 note), 

6 $7,000,000 is hereby rescinded. 

7 SEC. 234. (a) All unobligated balances, including re8 captures and carryover, remaining from funds appro9 priated to the Department of Housing and Urban Devel10 opment under the heading ‘‘Rural Housing and Economic 

11 Development’’ are hereby rescinded. 

12 (b) Effective October 1, 2015, all unobligated bal13 ances, including recaptures and carryover, remaining from 

14 funds appropriated to the Department of Housing and 

15 Urban Development for accounts under the headings 

16 ‘‘Management and Administration’’ and ‘‘Program Office 

17 Salaries and Expenses’’ in division K of Public Law 113– 

18 235 are rescinded. 

19 This title may be cited as the ‘‘Department of Hous20 ing and Urban Development Appropriations Act, 2016’’. 

21 TITLE III—RELATED AGENCIES 

22 ACCESS BOARD

23 SALARIES AND EXPENSES

24 For expenses necessary for the Access Board, as au25 thorized by section 502 of the Rehabilitation Act of 1973, 


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1 as amended, $7,548,000: Provided, That, notwithstanding 

2 any other provision of law, there may be credited to this 

3 appropriation funds received for publications and training 

4 expenses. 

5 FEDERAL MARITIME COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Federal Maritime 

8 Commission as authorized by section 201(d) of the Mer9 chant Marine Act, 1936, as amended (46 U.S.C. 307), in10 cluding services as authorized by 5 U.S.C. 3109; hire of 

11 passenger motor vehicles as authorized by 31 U.S.C. 

12 1343(b); and uniforms or allowances therefore, as author13 ized by 5 U.S.C. 5901–5902, $25,660,000: Provided, That 

14 not to exceed $2,000 shall be available for official recep15 tion and representation expenses. 

16 NATIONAL RAILROAD PASSENGER CORPORATION OFFICE

17 OF INSPECTOR GENERAL

18 SALARIES AND EXPENSES

19 For necessary expenses of the Office of Inspector 

20 General for the National Railroad Passenger Corporation 

21 to carry out the provisions of the Inspector General Act 

22 of 1978, as amended, $23,999,000 (increased by 

23 $500,000): Provided, That the Inspector General shall 

24 have all necessary authority, in carrying out the duties 

25 specified in the Inspector General Act, as amended (5 


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1 U.S.C. App. 3), to investigate allegations of fraud, includ2 ing false statements to the government (18 U.S.C. 1001), 

3 by any person or entity that is subject to regulation by 

4 the National Railroad Passenger Corporation: Provided 

5 further, That the Inspector General may enter into con6 tracts and other arrangements for audits, studies, anal7 yses, and other services with public agencies and with pri8 vate persons, subject to the applicable laws and regula9 tions that govern the obtaining of such services within the 

10 National Railroad Passenger Corporation: Provided fur11 ther, That the Inspector General may select, appoint, and 

12 employ such officers and employees as may be necessary 

13 for carrying out the functions, powers, and duties of the 

14 Office of Inspector General, subject to the applicable laws 

15 and regulations that govern such selections, appointments, 

16 and employment within Amtrak: Provided further, That 

17 concurrent with the President’s budget request for fiscal 

18 year 2017, the Inspector General shall submit to the 

19 House and Senate Committees on Appropriations a budget 

20 request for fiscal year 2017 in similar format and sub21 stance to those submitted by executive agencies of the 

22 Federal Government. 


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1 NATIONAL TRANSPORTATION SAFETY BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses of the National Transpor4 tation Safety Board, including hire of passenger motor ve5 hicles and aircraft; services as authorized by 5 U.S.C. 

6 3109, but at rates for individuals not to exceed the per 

7 diem rate equivalent to the rate for a GS–15; uniforms, 

8 or allowances therefor, as authorized by law (5 U.S.C. 

9 5901–5902), $103,981,000, of which not to exceed $2,000 

10 may be used for official reception and representation ex11 penses. The amounts made available to the National 

12 Transportation Safety Board in this Act include amounts 

13 necessary to make lease payments on an obligation in14 curred in fiscal year 2001 for a capital lease. 

15 NEIGHBORHOOD REINVESTMENT CORPORATION

16 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

17 CORPORATION

18 For payment to the Neighborhood Reinvestment Cor19 poration for use in neighborhood reinvestment activities, 

20 as authorized by the Neighborhood Reinvestment Corpora21 tion Act (42 U.S.C. 8101–8107), $135,000,000, of which 

22 $5,000,000 shall be for a multi-family rental housing pro23 gram: Provided, That in addition, $42,000,000 shall be 

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1 vestment Corporation for mortgage foreclosure mitigation 

2 activities, under the following terms and conditions: 

3 (1) The Neighborhood Reinvestment Corpora4 tion (NRC) shall make grants to counseling inter5 mediaries approved by the Department of Housing 

6 and Urban Development (HUD) (with match to be 

7 determined by NRC based on affordability and the 

8 economic conditions of an area; a match also may be 

9 waived by NRC based on the aforementioned condi10 tions) to provide mortgage foreclosure mitigation as11 sistance primarily to States and areas with high 

12 rates of defaults and foreclosures to help eliminate 

13 the default and foreclosure of mortgages of owner14 occupied single-family homes that are at risk of such 

15 foreclosure. Other than areas with high rates of de16 faults and foreclosures, grants may also be provided 

17 to approved counseling intermediaries based on a ge18 ographic analysis of the Nation by NRC which de19 termines where there is a prevalence of mortgages 

20 that are risky and likely to fail, including any trends 

21 for mortgages that are likely to default and face 

22 foreclosure. A State Housing Finance Agency may 

23 also be eligible where the State Housing Finance 

24 Agency meets all the requirements under this para25 graph. A HUD-approved counseling intermediary 


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1 shall meet certain mortgage foreclosure mitigation 

2 assistance counseling requirements, as determined 

3 by NRC, and shall be approved by HUD or NRC as 

4 meeting these requirements. 

5 (2) Mortgage foreclosure mitigation assistance 

6 shall only be made available to homeowners of 

7 owner-occupied homes with mortgages in default or 

8 in danger of default. These mortgages shall likely be 

9 subject to a foreclosure action and homeowners will 

10 be provided such assistance that shall consist of ac11 tivities that are likely to prevent foreclosures and re12 sult in the long-term affordability of the mortgage 

13 retained pursuant to such activity or another posi14 tive outcome for the homeowner. No funds made 

15 available under this paragraph may be provided di16 rectly to lenders or homeowners to discharge out17 standing mortgage balances or for any other direct 

18 debt reduction payments. 

19 (3) The use of mortgage foreclosure mitigation 

20 assistance by approved counseling intermediaries 

21 and State Housing Finance Agencies shall involve a 

22 reasonable analysis of the borrower’s financial situa23 tion, an evaluation of the current value of the prop24 erty that is subject to the mortgage, counseling re25 garding the assumption of the mortgage by another 


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1 non-Federal party, counseling regarding the possible 

2 purchase of the mortgage by a non-Federal third 

3 party, counseling and advice of all likely restruc4 turing and refinancing strategies or the approval of 

5 a work-out strategy by all interested parties. 

6 (4) NRC may provide up to 15 percent of the 

7 total funds under this paragraph to its own charter 

8 members with expertise in foreclosure prevention 

9 counseling, subject to a certification by NRC that 

10 the procedures for selection do not consist of any 

11 procedures or activities that could be construed as a 

12 conflict of interest or have the appearance of impro13 priety. 

14 (5) HUD-approved counseling entities and 

15 State Housing Finance Agencies receiving funds 

16 under this paragraph shall have demonstrated expe17 rience in successfully working with financial institu18 tions as well as borrowers facing default, delin19 quency and foreclosure as well as documented coun20 seling capacity, outreach capacity, past successful 

21 performance and positive outcomes with documented 

22 counseling plans (including post mortgage fore23 closure mitigation counseling), loan workout agree24 ments and loan modification agreements. NRC may 


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1 use other criteria to demonstrate capacity in under2 served areas. 

3 (6) Of the total amount made available under 

4 this paragraph, up to $2,000,000 may be made 

5 available to build the mortgage foreclosure and de6 fault mitigation counseling capacity of counseling 

7 intermediaries through NRC training courses with 

8 HUD-approved counseling intermediaries and their 

9 partners, except that private financial institutions 

10 that participate in NRC training shall pay market 

11 rates for such training. 

12 (7) Of the total amount made available under 

13 this paragraph, up to 5 percent may be used for as14 sociated administrative expenses for NRC to carry 

15 out activities provided under this section. 

16 (8) Mortgage foreclosure mitigation assistance 

17 grants may include a budget for outreach and adver18 tising, and training, as determined by NRC. 

19 (9) NRC shall continue to report bi-annually to 

20 the House and Senate Committees on Appropria21 tions as well as the Senate Banking Committee and 

22 House Financial Services Committee on its efforts to 

23 mitigate mortgage default. 


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1 UNITED STATES INTERAGENCY COUNCIL ON

2 HOMELESSNESS

3 OPERATING EXPENSES

4 For necessary expenses (including payment of sala5 ries, authorized travel, hire of passenger motor vehicles, 

6 the rental of conference rooms, and the employment of ex7 perts and consultants under section 3109 of title 5, United 

8 States Code) of the United States Interagency Council on 

9 Homelessness in carrying out the functions pursuant to 

10 title II of the McKinney-Vento Homeless Assistance Act, 

11 as amended, $3,530,000. 

12 TITLE IV 

13 GENERAL PROVISIONS—THIS ACT 

14 SEC. 401. None of the funds in this Act shall be used 

15 for the planning or execution of any program to pay the 

16 expenses of, or otherwise compensate, non-Federal parties 

17 intervening in regulatory or adjudicatory proceedings 

18 funded in this Act. 

19 SEC. 402. None of the funds appropriated in this Act 

20 shall remain available for obligation beyond the current 

21 fiscal year, nor may any be transferred to other appropria22 tions, unless expressly so provided herein. 

23 SEC. 403. The expenditure of any appropriation 

24 under this Act for any consulting service through a pro25 curement contract pursuant to section 3109 of title 5, 


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1 United States Code, shall be limited to those contracts 

2 where such expenditures are a matter of public record and 

3 available for public inspection, except where otherwise pro4 vided under existing law, or under existing Executive order 

5 issued pursuant to existing law. 

6 SEC. 404. (a) None of the funds made available in 

7 this Act may be obligated or expended for any employee 

8 training that— 

9 (1) does not meet identified needs for knowl10 edge, skills, and abilities bearing directly upon the 

11 performance of official duties; 

12 (2) contains elements likely to induce high lev13 els of emotional response or psychological stress in 

14 some participants; 

15 (3) does not require prior employee notification 

16 of the content and methods to be used in the train17 ing and written end of course evaluation; 

18 (4) contains any methods or content associated 

19 with religious or quasi-religious belief systems or 

20 ‘‘new age’’ belief systems as defined in Equal Em21 ployment Opportunity Commission Notice N– 

22 915.022, dated September 2, 1988; or 

23 (5) is offensive to, or designed to change, par24 ticipants’ personal values or lifestyle outside the 

25 workplace. 


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1 (b) Nothing in this section shall prohibit, restrict, or 

2 otherwise preclude an agency from conducting training 

3 bearing directly upon the performance of official duties. 

4 SEC. 405. Except as otherwise provided in this Act, 

5 none of the funds provided in this Act, provided by pre6 vious appropriations Acts to the agencies or entities fund7 ed in this Act that remain available for obligation or ex8 penditure in fiscal year 2016, or provided from any ac9 counts in the Treasury derived by the collection of fees 

10 and available to the agencies funded by this Act, shall be 

11 available for obligation or expenditure through a re12 programming of funds that— 

13 (1) creates a new program; 

14 (2) eliminates a program, project, or activity; 

15 (3) increases funds or personnel for any pro16 gram, project, or activity for which funds have been 

17 denied or restricted by the Congress; 

18 (4) proposes to use funds directed for a specific 

19 activity by either the House or Senate Committees 

20 on Appropriations for a different purpose; 

21 (5) augments existing programs, projects, or ac22 tivities in excess of $5,000,000 or 10 percent, which23 ever is less; 


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1 (6) reduces existing programs, projects, or ac2 tivities by $5,000,000 or 10 percent, whichever is 

3 less; or 

4 (7) creates, reorganizes, or restructures a 

5 branch, division, office, bureau, board, commission, 

6 agency, administration, or department different from 

7 the budget justifications submitted to the Commit8 tees on Appropriations or the table accompanying 

9 the explanatory statement accompanying this Act, 

10 whichever is more detailed, unless prior approval is 

11 received from the House and Senate Committees on 

12 Appropriations: Provided, That not later than 60 

13 days after the date of enactment of this Act, each 

14 agency funded by this Act shall submit a report to 

15 the Committees on Appropriations of the Senate and 

16 of the House of Representatives to establish the 

17 baseline for application of reprogramming and trans18 fer authorities for the current fiscal year: Provided 

19 further, That the report shall include— 

20 (A) a table for each appropriation with a 

21 separate column to display the prior year en22 acted level, the President’s budget request, ad23 justments made by Congress, adjustments due 

24 to enacted rescissions, if appropriate, and the 

25 fiscal year enacted level; 


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1 (B) a delineation in the table for each ap2 propriation and its respective prior year enacted 

3 level by object class and program, project, and 

4 activity as detailed in the budget appendix for 

5 the respective appropriation; and 

6 (C) an identification of items of special 

7 congressional interest. 

8 SEC. 406. Except as otherwise specifically provided 

9 by law, not to exceed 50 percent of unobligated balances 

10 remaining available at the end of fiscal year 2016 from 

11 appropriations made available for salaries and expenses 

12 for fiscal year 2016 in this Act, shall remain available 

13 through September 30, 2017, for each such account for 

14 the purposes authorized: Provided, That a request shall 

15 be submitted to the House and Senate Committees on Ap16 propriations for approval prior to the expenditure of such 

17 funds: Provided further, That these requests shall be made 

18 in compliance with reprogramming guidelines under sec19 tion 405 of this Act. 

20 SEC. 407. No funds in this Act may be used to sup21 port any Federal, State, or local projects that seek to use 

22 the power of eminent domain, unless eminent domain is 

23 employed only for a public use: Provided, That for pur24 poses of this section, public use shall not be construed to 

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1 vate entities: Provided further, That any use of funds for 

2 mass transit, railroad, airport, seaport or highway 

3 projects, as well as utility projects which benefit or serve 

4 the general public (including energy-related, communica5 tion-related, water-related and wastewater-related infra6 structure), other structures designated for use by the gen7 eral public or which have other common-carrier or public8 utility functions that serve the general public and are sub9 ject to regulation and oversight by the government, and 

10 projects for the removal of an immediate threat to public 

11 health and safety or brownfields as defined in the Small 

12 Business Liability Relief and Brownfields Revitalization 

13 Act (Public Law 107–118) shall be considered a public 

14 use for purposes of eminent domain. 

15 SEC. 408. None of the funds made available in this 

16 Act may be transferred to any department, agency, or in17 strumentality of the United States Government, except 

18 pursuant to a transfer made by, or transfer authority pro19 vided in, this Act or any other appropriations Act. 

20 SEC. 409. No part of any appropriation contained in 

21 this Act shall be available to pay the salary for any person 

22 filling a position, other than a temporary position, for23 merly held by an employee who has left to enter the Armed 

24 Forces of the United States and has satisfactorily com25 pleted his or her period of active military or naval service, 


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1 and has within 90 days after his or her release from such 

2 service or from hospitalization continuing after discharge 

3 for a period of not more than 1 year, made application 

4 for restoration to his or her former position and has been 

5 certified by the Office of Personnel Management as still 

6 qualified to perform the duties of his or her former posi7 tion and has not been restored thereto. 

8 SEC. 410. No funds appropriated pursuant to this 

9 Act may be expended by an entity unless the entity agrees 

10 that in expending the assistance the entity will comply 

11 with sections 2 through 4 of the Act of March 3, 1933 

12 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer13 ican Act’’). 

14 SEC. 411. No funds appropriated or otherwise made 

15 available under this Act shall be made available to any 

16 person or entity that has been convicted of violating the 

17 Buy American Act (41 U.S.C. 10a–10c). 

18 SEC. 412. None of the funds made available in this 

19 Act may be used for first-class airline accommodations in 

20 contravention of sections 301–10.122 and 301–10.123 of 

21 title 41, Code of Federal Regulations. 

22 SEC. 413. (a) None of the funds made available by 

23 this Act may be used to approve a new foreign air carrier 

24 permit under sections 41301 through 41305 of title 49, 

25 United States Code, or exemption application under secVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6401 E:\BILLS\H2577.PP H2577

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1 tion 40109 of that title of an air carrier already holding 

2 an air operators certificate issued by a country that is 

3 party to the U.S.-E.U.-Iceland-Norway Air Transport 

4 Agreement where such approval would contravene United 

5 States law or Article 17 bis of the U.S.-E.U.-Iceland-Nor6 way Air Transport Agreement. 

7 (b) Nothing in this section shall prohibit, restrict or 

8 otherwise preclude the Secretary of Transportation from 

9 granting a foreign air carrier permit or an exemption to 

10 such an air carrier where such authorization is consistent 

11 with the U.S.-E.U.-Iceland-Norway Air Transport Agree12 ment and United States law. 

13 SEC. 414. None of the funds made available by this 

14 Act may be used by the Federal Maritime Commission or 

15 the Administrator of the Maritime Administration to issue 

16 a license or certificate for a commercial vessel that docked 

17 or anchored within the previous 180 days within 7 miles 

18 of a port on property that was confiscated, in whole or 

19 in part, by the Cuban Government, as the terms con20 fiscated, Cuban Government, and property are defined in 

21 paragraphs (4), (5), and (12)(A), respectively, of section 

22 4 of the Cuban Liberty and Democratic Solidarity 

23 (LIBERTAD) Act of 1996 (22 U.S.C. 6023). 

24 SEC. 415. None of the funds made available by this 

25 Act may be used by the Federal Transit Administration 


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1 to implement, administer, or enforce section 18.36(c)(2) 

2 of title 49, Code of Federal Regulations, for construction 

3 hiring purposes. 

4 SPENDING REDUCTION ACCOUNT

5 SEC. 416. The amount by which the applicable alloca6 tion of new budget authority made by the Committee on 

7 Appropriations of the House of Representatives under 

8 Section 302(b) of the Congressional Budget Act of 1974 

9 exceeds the amount of proposed new budget authority is 

10 $0. 

11 SEC. 417. None of the funds made available in this 

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

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

14 by the Federal Acquisition Regulation, that the offeror or 

15 any of its principals— 

16 (1) within a 3-year period preceding this offer 

17 has been convicted of or had a civil judgment ren18 dered against it for: commission of fraud or a crimi19 nal offense in connection with obtaining, attempting 

20 to obtain, or performing a public (Federal, State, or 

21 local) contract or subcontract; violation of Federal or 

22 State antitrust statutes relating to the submission of 

23 offers; or commission of embezzlement, theft, for24 gery, bribery, falsification or destruction of records, 


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1 making false statements, tax evasion, violating Fed2 eral criminal tax laws, or receiving stolen property; 

3 (2) are presently indicted for, or otherwise 

4 criminally or civilly charged by a governmental enti5 ty with, commission of any of the offenses enumer6 ated in paragraph (1); or 

7 (3) within a 3-year period preceding this offer, 

8 has been notified of any delinquent Federal taxes in 

9 an amount that exceeds $3,000 for which the liabil10 ity remains unsatisfied. 

11 SEC. 418. None of the funds made available by this 

12 Act may be used in contravention of section 121.584 of 

13 title 14, Code of Federal Regulations. 

14 SEC. 419. None of the funds made available by this 

15 Act may be used to make incentive payments pursuant 

16 to 48 CFR 16.4 to contractors for contracts that are be17 hind schedule under the terms of the contract as pre18 scribed by 48 CFR 52.211 or over the contract amount 

19 indicated in Standard Form 33, box 20. 

20 SEC. 420. None of the funds made available by this 

21 Act may be used in contravention of the 5th or 14th 

22 Amendment to the Constitution or title VI of the Civil 

23 Rights Act of 1964. 


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1 SEC. 421. None of the funds made available by this 

2 Act may be used for the Federal Transit Administration’s 

3 Rapid Growth Area Transit Program. 

4 SEC. 422. None of these funds made available by this 

5 Act may be used by the Federal Aviation Administration 

6 (FAA) to redesign the Phoenix Metroplex regional air7 space. 

8 SEC. 423. None of the funds made available by this 

9 Act may be used to carry out section 210 of this Act with 

10 respect to the Housing Authority of the county of Los An11 geles, California. 

12 SEC. 424. None of the funds made available by this 

13 Act may be used for the Private Enforcement Initiative 

14 of the Fair Housing Initiatives Program under section 

15 561(b) of the Housing and Community Development Act 

16 of 1987 (42 U.S.C. 3616a(b)) and section 125.401 of the 

17 regulations of the Secretary of Housing and Urban Devel18 opment (24 CFR 125.401). 

19 SEC. 425. None of the funds made available by this 

20 Act may be used to carry out the rule entitled ‘‘Affirma21 tively Furthering Fair Housing’’, published by the Depart22 ment of Housing and Urban Development in the Federal 

23 Register on July 19, 2013 (78 Fed. Reg. 43710; Docket 

24 No. FR–5173–P–01) or to carry out the notice entitled 

25 ‘‘Affirmatively Furthering Fair Housing Assessment 


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1 Tool’’, published by the Department of Housing and 

2 Urban Development in the Federal Register on September 

3 26, 2014 (79 Fed. Reg. 57949; Docket No. FR–5173– 

4 02). 

5 SEC. 426. None of the funds made available by this 

6 Act may be used in contravention of section 5309 of title 

7 49, United States Code. 

8 SEC. 427. None of the funds made available by this 

9 Act may be used by the Department of Transportation, 

10 the Department of Housing and Urban Development, or 

11 any other Federal agency to lease or purchase new light 

12 duty vehicles for any executive fleet, or for an agency’s 

13 fleet inventory, except in accordance with Presidential 

14 Memorandum—Federal Fleet Performance, dated May 

15 24, 2011. 

16 SEC. 428. None of the funds made available by this 

17 Act may be used to issue, implement, or enforce regula18 tions by the Federal Aviation Administration entitled ‘‘Op19 erations and Certification of Small Unmanned Aircraft 

20 Systems’’ (FAA–2015–0150) in contravention to 14 CFR 

21 21.25(b)(1). 

22 SEC. 429. None of the funds made available by this 

23 Act may be used by the Administrator of the Federal Avia24 tion Administration to institute an administrative or civil 

25 action (as defined in section 47107 of title 49, United 


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1 States Code) against the sponsor of the East Hampton 

2 Airport in East Hampton, New York. 

3 SEC. 430. None of the funds made available by this 

4 Act may be used for high-speed rail in the State of Cali5 fornia or for the California High-Speed Rail Authority, 

6 nor may any be used by the Federal Railroad Administra7 tion to administer a grant agreement with the California 

8 High-Speed Rail Authority that contains a tapered match9 ing requirement. 

10 SEC. 431. None of the funds made available by this 

11 Act may be used to enforce subpart B of part 750 of title 

12 23, Code of Federal Regulations, regarding signs for serv13 ice clubs and religious notices as defined in section 153(p) 

14 of such part. 

15 SEC. 432. None of the funds made available by this 

16 Act may be used in contravention of subpart E of part 

17 5 of the regulations of the Secretary of Housing and 

18 Urban Development (24 CFR part 5, subpart E, relating 

19 to restrictions on assistance to noncitizens). 

20 SEC. 433. None of the funds made available by this 

21 Act may be used to provide financial assistance in con22 travention of section 214(d) of the Housing and Commu23 nity Development Act of 1980 (42 U.S.C. 1436a(d)). 

24 SEC. 434. None of the funds made available by this 

25 Act may be used by the Federal Aviation Administration 


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1 for the bio-data assessment in the hiring of Air Traffic 

2 Control Specialists. 

3 SEC. 435. None of the funds made available by this 

4 Act may be used to implement, administer, or enforce the 

5 final rule entitled ‘‘Implementation of the Fair Housing 

6 Act’s Discriminatory Effects Standard’’, published by the 

7 Department of Housing and Urban Development in the 

8 Federal Register on February 15, 2013 (78 Fed. Reg. 

9 11460; Docket No. FR–5508–F–02). 

10 SEC. 436. None of the funds made available by this 

11 Act may be used in contravention of Executive Order No. 

12 11246 (relating to Equal Employment Opportunity). 

13 SEC. 437. None of the funds made available by this 

14 Act may be used to acquire a camera for the purpose of 

15 collecting or storing vehicle license plate numbers. 

16 This Act may be cited as the ‘‘Transportation, Hous17 ing and Urban Development, and Related Agencies Appro18 priations Act, 2016’’. 

19 DIVISION A—DEPARTMENTS OF TRANS20 PORTATION, AND HOUSING AND 

21 URBAN DEVELOPMENT, AND RELATED 

22 AGENCIES 

23 The following sums are appropriated, out of any 

24 money in the Treasury not otherwise appropriated, for the 

25 Departments of Transportation, and Housing and Urban 


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1 Development, and related agencies for the fiscal year ending 

2 September 30, 2017, and for other purposes, namely: 

3 TITLE I 

4 DEPARTMENT OF TRANSPORTATION 

5 OFFICE OF THE SECRETARY

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of the Secretary, 

8 $116,396,000, of which not to exceed $2,758,000 shall be 

9 available for the immediate Office of the Secretary; not to 

10 exceed $1,040,000 shall be available for the immediate Of11 fice of the Deputy Secretary; not to exceed $20,772,000 shall 

12 be available for the Office of the General Counsel; not to 

13 exceed $11,108,000 shall be available for the Office of the 

14 Under Secretary of Transportation for Policy; not to exceed 

15 $16,020,000 shall be available for the Office of the Assistant 

16 Secretary for Budget and Programs; not to exceed 

17 $2,569,000 shall be available for the Office of the Assistant 

18 Secretary for Governmental Affairs; not to exceed 

19 $30,054,000 shall be available for the Office of the Assistant 

20 Secretary for Administration; not to exceed $2,142,000 shall 

21 be available for the Office of Public Affairs; not to exceed 

22 $1,760,000 shall be available for the Office of the Executive 

23 Secretariat; not to exceed $11,089,000 shall be available for 

24 the Office of Intelligence, Security, and Emergency Re25 sponse; and not to exceed $17,084,000 shall be available for 


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1 the Office of the Chief Information Officer: Provided, That 

2 the Secretary of Transportation is authorized to transfer 

3 funds appropriated for any office of the Office of the Sec4 retary to any other office of the Office of the Secretary: Pro5 vided further, That no appropriation for any office shall 

6 be increased or decreased by more than 5 percent by all 

7 such transfers: Provided further, That notice of any change 

8 in funding greater than 5 percent shall be submitted for 

9 approval to the House and Senate Committees on Appro10 priations: Provided further, That not to exceed $60,000 

11 shall be for allocation within the Department for official 

12 reception and representation expenses as the Secretary may 

13 determine: Provided further, That notwithstanding any 

14 other provision of law, excluding fees authorized in Public 

15 Law 107–71, there may be credited to this appropriation 

16 up to $2,500,000 in funds received in user fees: Provided 

17 further, That none of the funds provided in this Act shall 

18 be available for the position of Assistant Secretary for Pub19 lic Affairs. 

20 RESEARCH AND TECHNOLOGY

21 For necessary expenses related to the Office of the As22 sistant Secretary for Research and Technology, 

23 $13,044,000, of which $8,218,000 shall remain available 

24 until September 30, 2019: Provided, That there may be 

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1 pended, funds received from States, counties, municipali2 ties, other public authorities, and private sources for ex3 penses incurred for training: Provided further, That any 

4 reference in law, regulation, judicial proceedings, or else5 where to the Research and Innovative Technology Adminis6 tration shall continue to be deemed to be a reference to the 

7 Office of the Assistant Secretary for Research and Tech8 nology of the Department of Transportation. 

9 NATIONAL INFRASTRUCTURE INVESTMENTS

10 For capital investments in surface transportation in11 frastructure, $525,000,000, to remain available through 

12 September 30, 2020: Provided, That the Secretary of Trans13 portation shall distribute funds provided under this heading 

14 as discretionary grants to be awarded to a State, local gov15 ernment, transit agency, or a collaboration among such en16 tities on a competitive basis for projects that will have a 

17 significant impact on the Nation, a metropolitan area, or 

18 a region: Provided further, That projects eligible for funding 

19 provided under this heading shall include, but not be lim20 ited to, highway or bridge projects eligible under title 23, 

21 United States Code; public transportation projects eligible 

22 under chapter 53 of title 49, United States Code; passenger 

23 and freight rail transportation projects; and port infra24 structure investments (including inland port infrastructure 

25 and land ports of entry): Provided further, That the SecVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6203 E:\BILLS\H2577.PP H2577

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1 retary may use up to 20 percent of the funds made available 

2 under this heading for the purpose of paying the subsidy 

3 and administrative costs of projects eligible for Federal 

4 credit assistance under chapter 6 of title 23, United States 

5 Code, if the Secretary finds that such use of the funds would 

6 advance the purposes of this paragraph: Provided further, 

7 That in distributing funds provided under this heading, the 

8 Secretary shall take such measures so as to ensure an equi9 table geographic distribution of funds, an appropriate bal10 ance in addressing the needs of urban and rural areas, and 

11 the investment in a variety of transportation modes: Pro12 vided further, That a grant funded under this heading shall 

13 be not less than $5,000,000 and not greater than 

14 $25,000,000: Provided further, That not more than 10 per15 cent of the funds made available under this heading may 

16 be awarded to projects in a single State: Provided further, 

17 That the Federal share of the costs for which an expenditure 

18 is made under this heading shall be, at the option of the 

19 recipient, up to 80 percent: Provided further, That the Sec20 retary shall give priority to projects that require a contribu21 tion of Federal funds in order to complete an overall financ22 ing package: Provided further, That not less than 30 percent 

23 of the funds provided under this heading shall be for projects 

24 located in rural areas: Provided further, That for projects 

25 located in rural areas, the minimum grant size shall be 


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1 $1,000,000 and the Secretary may increase the Federal 

2 share of costs above 80 percent: Provided further, That 

3 projects conducted using funds provided under this heading 

4 must comply with the requirements of subchapter IV of 

5 chapter 31 of title 40, United States Code: Provided further, 

6 That the Secretary shall conduct a new competition to select 

7 the grants and credit assistance awarded under this head8 ing: Provided further, That the Secretary may retain up 

9 to $20,000,000 of the funds provided under this heading, 

10 and may transfer portions of those funds to the Administra11 tors of the Federal Highway Administration, the Federal 

12 Transit Administration, the Federal Railroad Administra13 tion and the Maritime Administration, to fund the award 

14 and oversight of grants and credit assistance made under 

15 the National Infrastructure Investments program. 

16 NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE

17 FINANCE BUREAU

18 For necessary expenses for the establishment and ad19 ministration of a new National Surface Transportation 

20 and Innovative Finance Bureau (the Bureau) within the 

21 Office of the Secretary of Transportation, $3,000,000, to re22 main available until expended: Provided, That the Sec23 retary of Transportation shall use such amount for the nec24 essary expenses to establish the Bureau and to fulfill the 

25 responsibilities of the Bureau, as detailed in section 9001 


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1 of the Fixing America’s Surface Transportation (FAST) 

2 Act (Public Law 114–94) (49 U.S.C. 116): Provided fur3 ther, That the Secretary is required to receive the advance 

4 approval of the House and Senate Committees on Appro5 priations prior to exercising the authorities of 49 U.S.C. 

6 116(h): Provided further, That the program be available to 

7 other Federal agencies, States, municipalities and project 

8 sponsors seeking Federal transportation expertise in obtain9 ing financing. 

10 FINANCIAL MANAGEMENT CAPITAL

11 For necessary expenses for upgrading and enhancing 

12 the Department of Transportation’s financial systems and 

13 re-engineering business processes, $4,000,000, to remain 

14 available through September 30, 2018. 

15 CYBER SECURITY INITIATIVES

16 For necessary expenses for cyber security initiatives, 

17 including necessary upgrades to wide area network and in18 formation technology infrastructure, improvement of net19 work perimeter controls and identity management, testing 

20 and assessment of information technology against business, 

21 security, and other requirements, implementation of Fed22 eral cyber security initiatives and information infrastruc23 ture enhancements, implementation of enhanced security 

24 controls on network devices, $15,000,000, to remain avail25 able through September 30, 2018. 


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1 OFFICE OF CIVIL RIGHTS

2 For necessary expenses of the Office of Civil Rights, 

3 $9,751,000. 

4 TRANSPORTATION PLANNING, RESEARCH, AND

5 DEVELOPMENT

6 For necessary expenses for conducting transportation 

7 planning, research, systems development, development ac8 tivities, and making grants, to remain available until ex9 pended, $12,043,000: Provided, That of such amount, 

10 $3,000,000 shall be for necessary expenses of the Interagency 

11 Infrastructure Permitting Improvement Center (IIPIC): 

12 Provided further, That there may be transferred to this ap13 propriation, to remain available until expended, amounts 

14 from other Federal agencies for expenses incurred under this 

15 heading for IIPIC activities not related to transportation 

16 infrastructure: Provided further, That the tools and anal17 ysis developed by the IIPIC shall be available to other Fed18 eral agencies for the permitting and review of major infra19 structure projects not related to transportation to the extent 

20 that other Federal agencies provide funding to the Depart21 ment as provided for under the previous proviso. 

22 WORKING CAPITAL FUND

23 For necessary expenses for operating costs and capital 

24 outlays of the Working Capital Fund, not to exceed 

25 $190,389,000 shall be paid from appropriations made 


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1 available to the Department of Transportation: Provided, 

2 That such services shall be provided on a competitive basis 

3 to entities within the Department of Transportation: Pro4 vided further, That the above limitation on operating ex5 penses shall not apply to non-DOT entities: Provided fur6 ther, That no funds appropriated in this Act to an agency 

7 of the Department shall be transferred to the Working Cap8 ital Fund without majority approval of the Working Cap9 ital Fund Steering Committee and approval of the Sec10 retary: Provided further, That no assessments may be levied 

11 against any program, budget activity, subactivity or project 

12 funded by this Act unless notice of such assessments and 

13 the basis therefor are presented to the House and Senate 

14 Committees on Appropriations and are approved by such 

15 Committees. 

16 MINORITY BUSINESS RESOURCE CENTER PROGRAM

17 For the cost of guaranteed loans, $339,000, as author18 ized by 49 U.S.C. 332: Provided, That such costs, including 

19 the cost of modifying such loans, shall be as defined in sec20 tion 502 of the Congressional Budget Act of 1974: Provided 

21 further, That these funds are available to subsidize total 

22 loan principal, any part of which is to be guaranteed, not 

23 to exceed $18,367,000. 

24 In addition, for administrative expenses to carry out 

25 the guaranteed loan program, $602,000. 


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1 SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND

2 OUTREACH

3 For the necessary expenses to establish Small and Dis4 advantaged Business Utilization and Outreach, that will 

5 ensure small and disadvantaged business policies of the Sec6 retary of Transportation are developed and implemented in 

7 a fair, efficient and effective manner, $4,646,000, to remain 

8 available until September 30, 2018: Provided, That not9 withstanding 49 U.S.C. 332, these funds may be used for 

10 business opportunities related to any mode of transpor11 tation. 

12 PAYMENTS TO AIR CARRIERS

13 (AIRPORT AND AIRWAY TRUST FUND)

14 In addition to funds made available from any other 

15 source to carry out the essential air service program under 

16 49 U.S.C. 41731 through 41742, $150,000,000, to be derived 

17 from the Airport and Airway Trust Fund, to remain avail18 able until expended: Provided, That in determining between 

19 or among carriers competing to provide service to a commu20 nity, the Secretary may consider the relative subsidy re21 quirements of the carriers: Provided further, That basic es22 sential air service minimum requirements shall not include 

23 the 15-passenger capacity requirement under subsection 

24 41732(b)(3) of title 49, United States Code: Provided fur25 ther, That none of the funds in this Act or any other Act 


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1 shall be used to enter into a new contract with a community 

2 located less than 40 miles from the nearest small hub air3 port before the Secretary has negotiated with the commu4 nity over a local cost share: Provided further, That amounts 

5 authorized to be distributed for the essential air service pro6 gram under subsection 41742(b) of title 49, United States 

7 Code, shall be made available immediately from amounts 

8 otherwise provided to the Administrator of the Federal 

9 Aviation Administration: Provided further, That the Ad10 ministrator may reimburse such amounts from fees credited 

11 to the account established under section 45303 of title 49, 

12 United States Code. 

13 ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY

14 OF TRANSPORTATION

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

16 Act to the Department of Transportation may be obligated 

17 for the Office of the Secretary of Transportation to approve 

18 assessments or reimbursable agreements pertaining to funds 

19 appropriated to the modal administrations in this Act, ex20 cept for activities underway on the date of enactment of 

21 this Act, unless such assessments or agreements have com22 pleted the normal reprogramming process for Congressional 

23 notification. 

24 SEC. 102. Notwithstanding section 3324 of title 31, 

25 United States Code, in addition to authority provided by 


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1 section 327 of title 49, United States Code, the Depart2 ment’s Working Capital Fund is hereby authorized to pro3 vide payments in advance to vendors that are necessary to 

4 carry out the Federal transit pass transportation fringe 

5 benefit program under Executive Order 13150 and section 

6 3049 of Public Law 109–59: Provided, That the Depart7 ment shall include adequate safeguards in the contract with 

8 the vendors to ensure timely and high-quality performance 

9 under the contract. 

10 SEC. 103. The Secretary shall post on the Web site of 

11 the Department of Transportation a schedule of all meetings 

12 of the Council on Credit and Finance, including the agenda 

13 for each meeting, and require the Council on Credit and 

14 Finance to record the decisions and actions of each meeting. 

15 SEC. 104. Notwithstanding any other provision of this 

16 Act— 

17 (1) the total amount made available under the 

18 heading ‘‘ADMINISTRATIVE EXPENSES’’ under the 

19 heading ‘‘FEDERAL TRANSIT ADMINISTRATION’’ shall 

20 be $113,165,000; and 

21 (2) the total amount made available under the 

22 heading ‘‘SALARIES AND EXPENSES’’ under the head23 ing ‘‘OFFICE OF THE SECRETARY’’ shall be 

24 $113,896,000. 


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1 FEDERAL AVIATION ADMINISTRATION

2 OPERATIONS

3 (AIRPORT AND AIRWAY TRUST FUND)

4 For necessary expenses of the Federal Aviation Admin5 istration, not otherwise provided for, including operations 

6 and research activities related to commercial space trans7 portation, administrative expenses for research and develop8 ment, establishment of air navigation facilities, the oper9 ation (including leasing) and maintenance of aircraft, sub10 sidizing the cost of aeronautical charts and maps sold to 

11 the public, lease or purchase of passenger motor vehicles for 

12 replacement only, in addition to amounts made available 

13 by Public Law 112–95, $10,048,352,000 of which 

14 $9,190,000,000 shall be derived from the Airport and Air15 way Trust Fund, of which not to exceed $7,593,785,000 

16 shall be available for air traffic organization activities; not 

17 to exceed $1,286,982,000 shall be available for aviation safe18 ty activities; not to exceed $19,826,000 shall be available 

19 for commercial space transportation activities; not to exceed 

20 $771,342,000 shall be available for finance and manage21 ment activities; not to exceed $60,155,000 shall be available 

22 for NextGen and operations planning activities; not to ex23 ceed $107,161,000 shall be available for security and haz24 ardous materials safety; and not to exceed $209,101,000 

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1 ceed 2 percent of any budget activity, except for aviation 

2 safety budget activity, may be transferred to any budget 

3 activity under this heading: Provided further, That no 

4 transfer may increase or decrease any appropriation by 

5 more than 2 percent: Provided further, That any transfer 

6 in excess of 2 percent shall be treated as a reprogramming 

7 of funds under section 405 of this Act and shall not be avail8 able for obligation or expenditure except in compliance with 

9 the procedures set forth in that section: Provided further, 

10 That not later than March 31 of each fiscal year hereafter, 

11 the Administrator of the Federal Aviation Administration 

12 shall transmit to Congress an annual update to the report 

13 submitted to Congress in December 2004 pursuant to sec14 tion 221 of Public Law 108–176: Provided further, That 

15 not later than March 31 of each fiscal year hereafter, the 

16 Administrator shall transmit to Congress a companion re17 port that describes a comprehensive strategy for staffing, 

18 hiring, and training flight standards and aircraft certifi19 cation staff in a format similar to the one utilized for the 

20 controller staffing plan, including stated attrition estimates 

21 and numerical hiring goals by fiscal year: Provided further, 

22 That the amount herein appropriated shall be reduced by 

23 $100,000 per day for each day after March 31 that such 

24 report has not been submitted to Congress: Provided further, 

25 That funds may be used to enter into a grant agreement 


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1 with a nonprofit standard-setting organization to assist in 

2 the development of aviation safety standards: Provided fur3 ther, That none of the funds in this Act shall be available 

4 for new applicants for the second career training program: 

5 Provided further, That none of the funds in this Act shall 

6 be available for the Federal Aviation Administration to fi7 nalize or implement any regulation that would promulgate 

8 new aviation user fees not specifically authorized by law 

9 after the date of the enactment of this Act: Provided further, 

10 That there may be credited to this appropriation, as offset11 ting collections, funds received from States, counties, mu12 nicipalities, foreign authorities, other public authorities, 

13 and private sources for expenses incurred in the provision 

14 of agency services, including receipts for the maintenance 

15 and operation of air navigation facilities, and for issuance, 

16 renewal or modification of certificates, including airman, 

17 aircraft, and repair station certificates, or for tests related 

18 thereto, or for processing major repair or alteration forms: 

19 Provided further, That of the funds appropriated under this 

20 heading, not less than $159,000,000 shall be for the contract 

21 tower program, including the contract tower cost share pro22 gram: Provided further, That none of the funds in this Act 

23 for aeronautical charting and cartography are available for 

24 activities conducted by, or coordinated through, the Work25 ing Capital Fund: Provided further, That none of the funds 


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1 appropriated or otherwise made available by this Act or 

2 any other Act may be used to eliminate the Contract Weath3 er Observers program at any airport. 

4 FACILITIES AND EQUIPMENT

5 (AIRPORT AND AIRWAY TRUST FUND)

6 For necessary expenses, not otherwise provided for, for 

7 acquisition, establishment, technical support services, im8 provement by contract or purchase, and hire of national 

9 airspace systems and experimental facilities and equip10 ment, as authorized under part A of subtitle VII of title 

11 49, United States Code, including initial acquisition of nec12 essary sites by lease or grant; engineering and service test13 ing, including construction of test facilities and acquisition 

14 of necessary sites by lease or grant; construction and fur15 nishing of quarters and related accommodations for officers 

16 and employees of the Federal Aviation Administration sta17 tioned at remote localities where such accommodations are 

18 not available; and the purchase, lease, or transfer of aircraft 

19 from funds available under this heading, including aircraft 

20 for aviation regulation and certification; to be derived from 

21 the Airport and Airway Trust Fund, $2,838,000,000, of 

22 which $489,000,000 shall remain available until September 

23 30, 2017, and $2,349,000,000 shall remain available until 

24 September 30, 2019: Provided, That there may be credited 

25 to this appropriation funds received from States, counties, 


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1 municipalities, other public authorities, and private 

2 sources, for expenses incurred in the establishment, im3 provement, and modernization of national airspace sys4 tems: Provided further, That no later than March 31, the 

5 Secretary of Transportation shall transmit to the Congress 

6 an investment plan for the Federal Aviation Administra7 tion which includes funding for each budget line item for 

8 fiscal years 2018 through 2022, with total funding for each 

9 year of the plan constrained to the funding targets for those 

10 years as estimated and approved by the Office of Manage11 ment and Budget: Provided further, That the amount herein 

12 appropriated shall be reduced by $100,000 per day for each 

13 day after March 31 that such report has not been submitted 

14 to Congress. 

15 RESEARCH, ENGINEERING, AND DEVELOPMENT

16 (AIRPORT AND AIRWAY TRUST FUND)

17 For necessary expenses, not otherwise provided for, for 

18 research, engineering, and development, as authorized 

19 under part A of subtitle VII of title 49, United States Code, 

20 including construction of experimental facilities and acqui21 sition of necessary sites by lease or grant, $176,002,000, to 

22 be derived from the Airport and Airway Trust Fund and 

23 to remain available until September 30, 2018: Provided, 

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1 nicipalities, other public authorities, and private sources, 

2 which shall be available for expenses incurred for research, 

3 engineering, and development. 

4 GRANTS-IN-AID FOR AIRPORTS

5 (LIQUIDATION OF CONTRACT AUTHORIZATION)

6 (LIMITATION ON OBLIGATIONS)

7 (AIRPORT AND AIRWAY TRUST FUND)

8 (INCLUDING TRANSFER OF FUNDS)

9 For liquidation of obligations incurred for grants-in10 aid for airport planning and development, and noise com11 patibility planning and programs as authorized under sub12 chapter I of chapter 471 and subchapter I of chapter 475 

13 of title 49, United States Code, and under other law author14 izing such obligations; for procurement, installation, and 

15 commissioning of runway incursion prevention devices and 

16 systems at airports of such title; for grants authorized under 

17 section 41743 of title 49, United States Code; and for in18 spection activities and administration of airport safety pro19 grams, including those related to airport operating certifi20 cates under section 44706 of title 49, United States Code, 

21 $3,750,000,000, to be derived from the Airport and Airway 

22 Trust Fund and to remain available until expended: Pro23 vided, That none of the funds under this heading shall be 

24 available for the planning or execution of programs the obli25 gations for which are in excess of $3,350,000,000 in fiscal 


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1 year 2017, notwithstanding section 47117(g) of title 49, 

2 United States Code: Provided further, That none of the 

3 funds under this heading shall be available for the replace4 ment of baggage conveyor systems, reconfiguration of ter5 minal baggage areas, or other airport improvements that 

6 are necessary to install bulk explosive detection systems: 

7 Provided further, That notwithstanding section 47109(a) of 

8 title 49, United States Code, the Government’s share of al9 lowable project costs under paragraph (2) for subgrants or 

10 paragraph (3) of that section shall be 95 percent for a 

11 project at other than a large or medium hub airport that 

12 is a successive phase of a multi-phased construction project 

13 for which the project sponsor received a grant in fiscal year 

14 2011 for the construction project: Provided further, That 

15 notwithstanding any other provision of law, of funds lim16 ited under this heading, not more than $107,691,000 shall 

17 be available for administration, not less than $15,000,000 

18 shall be available for the Airport Cooperative Research Pro19 gram, not less than $31,375,000 shall be available for Air20 port Technology Research, and $10,000,000, to remain 

21 available until expended, shall be available and transferred 

22 to ‘‘Office of the Secretary, Salaries and Expenses’’ to carry 

23 out the Small Community Air Service Development Pro24 gram: Provided further, That in addition to airports eligi25 ble under section 41743 of title 49, such program may inVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6203 E:\BILLS\H2577.PP H2577

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1 clude the participation of an airport that serves a commu2 nity or consortium that is not larger than a small hub air3 port, according to FAA hub classifications effective at the 

4 time the Office of the Secretary issues a request for pro5 posals. 

6 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

7 ADMINISTRATION

8 SEC. 110. None of the funds in this Act may be used 

9 to compensate in excess of 600 technical staff-years under 

10 the federally funded research and development center con11 tract between the Federal Aviation Administration and the 

12 Center for Advanced Aviation Systems Development during 

13 fiscal year 2017. 

14 SEC. 111. None of the funds in this Act shall be used 

15 to pursue or adopt guidelines or regulations requiring air16 port sponsors to provide to the Federal Aviation Adminis17 tration without cost building construction, maintenance, 

18 utilities and expenses, or space in airport sponsor-owned 

19 buildings for services relating to air traffic control, air 

20 navigation, or weather reporting: Provided, That the prohi21 bition of funds in this section does not apply to negotiations 

22 between the agency and airport sponsors to achieve agree23 ment on ‘‘below-market’’ rates for these items or to grant 

24 assurances that require airport sponsors to provide land 

25 without cost to the FAA for air traffic control facilities. 


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1 SEC. 112. The Administrator of the Federal Aviation 

2 Administration may reimburse amounts made available to 

3 satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49 

4 U.S.C. 45303 and any amount remaining in such account 

5 at the close of that fiscal year shall be made available to 

6 satisfy section 41742(a)(1) for the subsequent fiscal year. 

7 SEC. 113. Amounts collected under section 40113(e) of 

8 title 49, United States Code, shall be credited to the appro9 priation current at the time of collection, to be merged with 

10 and available for the same purposes of such appropriation. 

11 SEC. 114. None of the funds in this Act shall be avail12 able for paying premium pay under subsection 5546(a) of 

13 title 5, United States Code, to any Federal Aviation Admin14 istration employee unless such employee actually performed 

15 work during the time corresponding to such premium pay. 

16 SEC. 115. None of the funds in this Act may be obli17 gated or expended for an employee of the Federal Aviation 

18 Administration to purchase a store gift card or gift certifi19 cate through use of a Government-issued credit card. 

20 SEC. 116. The Secretary shall apportion to the sponsor 

21 of an airport that received scheduled or unscheduled air 

22 service from a large certified air carrier (as defined in part 

23 241 of title 14 Code of Federal Regulations, or such other 

24 regulations as may be issued by the Secretary under the 

25 authority of section 41709) an amount equal to the minVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6203 E:\BILLS\H2577.PP H2577

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1 imum apportionment specified in 49 U.S.C. 47114(c), if 

2 the Secretary determines that airport had more than 10,000 

3 passenger boardings in the preceding calendar year, based 

4 on data submitted to the Secretary under part 241 of title 

5 14, Code of Federal Regulations. 

6 SEC. 117. None of the funds in this Act may be obli7 gated or expended for retention bonuses for an employee of 

8 the Federal Aviation Administration without the prior 

9 written approval of the Assistant Secretary for Administra10 tion of the Department of Transportation. 

11 SEC. 118. Notwithstanding any other provision of law, 

12 none of the funds made available under this Act or any 

13 prior Act may be used to implement or to continue to im14 plement any limitation on the ability of any owner or oper15 ator of a private aircraft to obtain, upon a request to the 

16 Administrator of the Federal Aviation Administration, a 

17 blocking of that owner’s or operator’s aircraft registration 

18 number from any display of the Federal Aviation Adminis19 tration’s Aircraft Situational Display to Industry data 

20 that is made available to the public, except data made 

21 available to a Government agency, for the noncommercial 

22 flights of that owner or operator. 

23 SEC. 119. None of the funds in this Act shall be avail24 able for salaries and expenses of more than nine political 


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1 and Presidential appointees in the Federal Aviation Ad2 ministration. 

3 SEC. 119A. None of the funds made available under 

4 this Act may be used to increase fees pursuant to section 

5 44721 of title 49, United States Code, until the Federal 

6 Aviation Administration provides to the House and Senate 

7 Committees on Appropriations a report that justifies all 

8 fees related to aeronautical navigation products and ex9 plains how such fees are consistent with Executive Order 

10 13642. 

11 SEC. 119B. None of the funds in this Act may be used 

12 to close a regional operations center of the Federal Aviation 

13 Administration or reduce its services unless the Adminis14 trator notifies the House and Senate Committees on Appro15 priations not less than 90 full business days in advance. 

16 SEC. 119C. None of the funds appropriated or limited 

17 by this Act may be used to change weight restrictions or 

18 prior permission rules at Teterboro airport in Teterboro, 

19 New Jersey. 

20 SEC. 119D. None of the funds provided under this Act 

21 may be used by the Administrator of the Federal Aviation 

22 Administration to withhold from consideration and ap23 proval any application for participation in the Contract 

24 Tower Program, pending as of January 1, 2016, including 

25 applications from Cost-share Program participants if the 


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1 Administrator determines such tower is eligible under the 

2 criteria set forth in the Federal Aviation report, Establish3 ment and Discontinuance Criteria for Airport Traffic Con4 trol Towers (FAA–APO–90–7). 

5 SEC. 119E. For fiscal year 2017, the Secretary of 

6 Transportation shall apportion to the sponsor of a primary 

7 airport under section 47114(c)(1)(A) of title 49, United 

8 States Code, an amount based on the number of passenger 

9 boardings at the airport during calendar year 2012 if the 

10 airport had— 

11 (1) fewer than 10,000 passenger boardings dur12 ing the calendar year used to calculate the apportion13 ment for fiscal year 2017 under section 116; and 

14 (2) 10,000 or more passenger boardings during 

15 calendar year 2012. 

16 SEC. 119F. Section 47109(c)(2) of title 49, United 

17 States Code, is amended to read as follows: ‘‘The Govern18 ment’s share of allowable project costs determined under 

19 this subsection shall not exceed the lesser of 93.75 percent 

20 or the highest percentage Government share applicable to 

21 any project in any State under subsection (b), except that 

22 at a primary non-hub and non-primary commercial service 

23 airport located in a State as set forth in paragraph (1) 

24 of this subsection that is within 15 miles of another State 

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1 ment’s share shall be an average of the Government share 

2 applicable to any project in each of the States.’’. 

3 SEC. 119G. Section 911 of the FAA Modernization and 

4 Reform Act of 2012 (Public Law 112–95) is amended by 

5 inserting after subsection (b) the following new subsection: 

6 ‘‘(c) COLLABORATION AND REPORTING.— 

7 ‘‘(1) The Administrator, in coordination with 

8 NASA, the Department of Energy, U.S. Department 

9 of Agriculture, and after consultation with other rel10 evant agencies shall develop a joint plan to carry out 

11 the research under subsection (a) and report back to 

12 Congress within 180 days. 

13 ‘‘(2) The Administrator, in coordination with 

14 the Administrator of NASA, the Secretary of Energy, 

15 and the Secretary of Agriculture, shall continue re16 search and development activities into the develop17 ment and deployment of jet fuels as outlined in sub18 section (a).’’. 

19 SEC. 119H. Section 332(c) of the FAA Modernization 

20 and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 

21 40101 note) is amended by adding at the end the following: 

22 ‘‘(6) INCLUSION OF CERTAIN FLIGHT TEST FA23 CILITIES.—The Administrator shall expand the pro24 gram established under paragraph (1) to permit 

25 projects under the program to be carried out at any 


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1 public entity authorized by the Federal Aviation Ad2 ministration as an unmanned aircraft system flight 

3 test center before January 1, 2009.’’. 

4 SEC. 119I. Notwithstanding Section 40117(b)(1) of 

5 title 49, United States Code, the Secretary of Transpor6 tation may authorize use of a passenger facility charge to 

7 finance an eligible airport-related project if the eligible 

8 agency seeking to impose the new charge controls an airport 

9 where a $2 passenger facility charge became effective on 

10 January 1, 2013; and the airport where the passenger facil11 ity charge is collected and the airport at which the project 

12 will be carried out were under the control of the same eligi13 ble agency on October 1, 2015. 

14 SEC. 119J. (a) Not later than one year after the date 

15 of the enactment of this Act, the Comptroller General of the 

16 United States shall submit to Congress a report assessing 

17 the importance of collegiate aviation flight training oper18 ations and the effect of such operations on the economy and 

19 infrastructure of airports in the National Plan of Inte20 grated Airport Systems. 

21 (b) In the report required by subsection (a), the Comp22 troller General shall include the following: 

23 (1) An assessment of the total capacity of colle24 giate aviation flight training programs in the United 


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1 States to meet the needs of the United States to train 

2 commercial pilots. 

3 (2) An assessment of the footprint of collegiate 

4 aviation flight training operations at the airports in 

5 the United States. 

6 (3) An assessment of whether infrastructure be7 yond that necessary for operations of commercial air 

8 carriers is needed at airports at which collegiate avia9 tion flight training operations are conducted. 

10 (4) If such infrastructure is needed, an estimate 

11 of the cost of such infrastructure. 

12 (5) An identification of funding sources, avail13 able before the date of the enactment of this Act or 

14 that may become available after such date of enact15 ment, that may be used to construct such infrastruc16 ture. 

17 (6) Recommendations for improving technical 

18 and financial assistance to airports to construct such 

19 infrastructure. 

20 SEC. 119K. (a) Subchapter I of chapter 471, as amend21 ed by this subtitle, is further amended by adding at the 

22 end the following: 


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1 ‘‘§ 47144. Use of funds for repairs for runway safety re2 pairs 

3 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

4 may make project grants under this subchapter to an air5 port described in subsection (b) from funds under section 

6 47114 apportioned to that airport or funds available for 

7 discretionary grants to that airport under section 47115 to 

8 conduct airport development to repair the runway safety 

9 area of the airport damaged as a result of a natural disaster 

10 in order to maintain compliance with the regulations of 

11 the Federal Aviation Administration relating to runway 

12 safety areas, without regard to whether construction of the 

13 runway safety area damaged was carried out using 

14 amounts the airport received under this subchapter. 

15 ‘‘(b) AIRPORTS DESCRIBED.—An airport is described 

16 in this subsection if— 

17 ‘‘(1) the airport is a public-use airport; 

18 ‘‘(2) the airport is listed in the National Plan of 

19 Integrated Airport Systems of the Federal Aviation 

20 Administration; 

21 ‘‘(3) the runway safety area of the airport was 

22 damaged as a result of a natural disaster; 

23 ‘‘(4) the airport was denied funding under the 

24 Robert T. Stafford Disaster Relief and Emergency As25 sistance Act (42 U.S.C. 4121 et seq.) with respect to 

26 the disaster; 


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1 ‘‘(5) the operator of the airport has exhausted all 

2 legal remedies, including legal action against any 

3 parties (or insurers thereof) whose action or inaction 

4 may have contributed to the need for the repair of the 

5 runway safety area; 

6 ‘‘(6) there is still a demonstrated need for the 

7 runway safety area to accommodate current or immi8 nent aeronautical demand; and 

9 ‘‘(7) the cost of repairing or replacing the run10 way safety area is reasonable in relation to the an11 ticipated operational benefit of repairing the runway 

12 safety area, as determined by the Administrator of the 

13 Federal Aviation Administration.’’. 

14 (b) The analysis for chapter 471, as amended by this 

15 subtitle, is further amended by inserting after the item re16 lating to section 47143 the following: 

‘‘47144. Use of funds for repairs for runway safety repairs.’’. 

17 FEDERAL HIGHWAY ADMINISTRATION

18 LIMITATION ON ADMINISTRATIVE EXPENSES

19 (HIGHWAY TRUST FUND)

20 (INCLUDING TRANSFER OF FUNDS)

21 Not to exceed $433,295,000, together with advances 

22 and reimbursements received by the Federal Highway Ad23 ministration, shall be obligated for necessary expenses for 

24 administration and operation of the Federal Highway Ad25 ministration. In addition, not to exceed $2,500,000 shall 


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1 be transferred to the Appalachian Regional Commission in 

2 accordance with section 104(a) of title 23, United States 

3 Code. 

4 FEDERAL-AID HIGHWAYS

5 (LIMITATION ON OBLIGATIONS)

6 (HIGHWAY TRUST FUND)

7 Funds available for the implementation or execution 

8 of Federal-aid highway and highway safety construction 

9 programs authorized under titles 23 and 49, United States 

10 Code, and the provisions of the Fixing America’s Surface 

11 Transportation Act shall not exceed total obligations of 

12 $43,266,100,000 for fiscal year 2017: Provided, That the 

13 Secretary may collect and spend fees, as authorized by title 

14 23, United States Code, to cover the costs of services of ex15 pert firms, including counsel, in the field of municipal and 

16 project finance to assist in the underwriting and servicing 

17 of Federal credit instruments and all or a portion of the 

18 costs to the Federal Government of servicing such credit in19 struments: Provided further, That such fees are available 

20 until expended to pay for such costs: Provided further, That 

21 such amounts are in addition to administrative expenses 

22 that are also available for such purpose, and are not subject 

23 to any obligation limitation or the limitation on adminis24 trative expenses under section 608 of title 23, United States 

25 Code. 


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1 (LIQUIDATION OF CONTRACT AUTHORIZATION)

2 (HIGHWAY TRUST FUND)

3 For the payment of obligations incurred in carrying 

4 out Federal-aid highway and highway safety construction 

5 programs authorized under title 23, United States Code, 

6 $44,005,100,000 derived from the Highway Trust Fund 

7 (other than the Mass Transit Account), to remain available 

8 until expended. 

9 (RESCISSION)

10 (HIGHWAY TRUST FUND)

11 Of the unobligated balances of funds apportioned 

12 among the States under chapter 1 of title 23, United States 

13 Code, a total of $2,211,000,000 is hereby rescinded: Pro14 vided, That such rescission shall not apply to funds distrib15 uted in accordance with sections 104(b)(3) and 130(f) of 

16 title 23, United States Code; section 133(d)(1)(A) of such 

17 title; the first sentence of section 133(d)(3)(A) of such title, 

18 as in effect on the day before the date of enactment of MAP– 

19 21 (Public Law 112–141); sections 133(d)(1) and 163 of 

20 such title, as in effect on the day before the date of enact21 ment of SAFETEA–LU (Public Law 109–59); and section 

22 104(b)(5) of such title, as in effect on the day before the 

23 date of enactment of MAP–21 (Public Law 112–141): Pro24 vided further, That such rescission shall not apply to funds 

25 that are exempt from the obligation limitation or subject 


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1 to special no-year obligation limitation: Provided further, 

2 That the amount to be rescinded from a State shall be deter3 mined by multiplying the total amount of the rescission by 

4 the ratio that the unobligated balances subject to the rescis5 sion as of September 30, 2016, for the State; bears to the 

6 unobligated balances subject to the rescission as of Sep7 tember 30, 2016, for all States: Provided further, That the 

8 amount to be rescinded under this section from each pro9 gram to which the rescission applies within a State shall 

10 be determined by multiplying the rescission amount cal11 culated for such State by the ratio that the unobligated bal12 ance as of September 30, 2016, for such program in such 

13 State; bears to the unobligated balances as of September 30, 

14 2016, for all programs to which the rescission applies in 

15 such State. 

16 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

17 ADMINISTRATION

18 SEC. 120. (a) For fiscal year 2017, the Secretary of 

19 Transportation shall— 

20 (1) not distribute from the obligation limitation 

21 for Federal-aid highways— 

22 (A) amounts authorized for administrative 

23 expenses and programs by section 104(a) of title 

24 23, United States Code; and 


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1 (B) amounts authorized for the Bureau of 

2 Transportation Statistics; 

3 (2) not distribute an amount from the obligation 

4 limitation for Federal-aid highways that is equal to 

5 the unobligated balance of amounts— 

6 (A) made available from the Highway Trust 

7 Fund (other than the Mass Transit Account) for 

8 Federal-aid highway and highway safety con9 struction programs for previous fiscal years the 

10 funds for which are allocated by the Secretary 

11 (or apportioned by the Secretary under sections 

12 202 or 204 of title 23, United States Code); and 

13 (B) for which obligation limitation was 

14 provided in a previous fiscal year; 

15 (3) determine the proportion that— 

16 (A) the obligation limitation for Federal-aid 

17 highways, less the aggregate of amounts not dis18 tributed under paragraphs (1) and (2) of this 

19 subsection; bears to 

20 (B) the total of the sums authorized to be 

21 appropriated for the Federal-aid highway and 

22 highway safety construction programs (other 

23 than sums authorized to be appropriated for pro24 visions of law described in paragraphs (1) 

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1 ized to be appropriated for section 119 of title 

2 23, United States Code, equal to the amount re3 ferred to in subsection (b)(12) for such fiscal 

4 year), less the aggregate of the amounts not dis5 tributed under paragraphs (1) and (2) of this 

6 subsection; 

7 (4) distribute the obligation limitation for Fed8 eral-aid highways, less the aggregate amounts not dis9 tributed under paragraphs (1) and (2), for each of the 

10 programs (other than programs to which paragraph 

11 (1) applies) that are allocated by the Secretary under 

12 the Fixing America’s Surface Transportation Act and 

13 title 23, United States Code, or apportioned by the 

14 Secretary under sections 202 or 204 of that title, by 

15 multiplying— 

16 (A) the proportion determined under para17 graph (3); by 

18 (B) the amounts authorized to be appro19 priated for each such program for such fiscal 

20 year; and 

21 (5) distribute the obligation limitation for Fed22 eral-aid highways, less the aggregate amounts not dis23 tributed under paragraphs (1) and (2) and the 

24 amounts distributed under paragraph (4), for Fed25 eral-aid highway and highway safety construction 


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1 programs that are apportioned by the Secretary 

2 under title 23, United States Code (other than the 

3 amounts apportioned for the National Highway Per4 formance Program in section 119 of title 23, United 

5 States Code, that are exempt from the limitation 

6 under subsection (b)(12) and the amounts appor7 tioned under sections 202 and 204 of that title) in the 

8 proportion that— 

9 (A) amounts authorized to be appropriated 

10 for the programs that are apportioned under title 

11 23, United States Code, to each State for such 

12 fiscal year; bears to 

13 (B) the total of the amounts authorized to 

14 be appropriated for the programs that are ap15 portioned under title 23, United States Code, to 

16 all States for such fiscal year. 

17 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

18 The obligation limitation for Federal-aid highways shall 

19 not apply to obligations under or for— 

20 (1) section 125 of title 23, United States Code; 

21 (2) section 147 of the Surface Transportation As22 sistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 

23 2714); 

24 (3) section 9 of the Federal-Aid Highway Act of 

25 1981 (95 Stat. 1701); 


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1 (4) subsections (b) and (j) of section 131 of the 

2 Surface Transportation Assistance Act of 1982 (96 

3 Stat. 2119); 

4 (5) subsections (b) and (c) of section 149 of the 

5 Surface Transportation and Uniform Relocation As6 sistance Act of 1987 (101 Stat. 198); 

7 (6) sections 1103 through 1108 of the Intermodal 

8 Surface Transportation Efficiency Act of 1991 (105 

9 Stat. 2027); 

10 (7) section 157 of title 23, United States Code 

11 (as in effect on June 8, 1998); 

12 (8) section 105 of title 23, United States Code 

13 (as in effect for fiscal years 1998 through 2004, but 

14 only in an amount equal to $639,000,000 for each of 

15 those fiscal years); 

16 (9) Federal-aid highway programs for which ob17 ligation authority was made available under the 

18 Transportation Equity Act for the 21st Century (112 

19 Stat. 107) or subsequent Acts for multiple years or to 

20 remain available until expended, but only to the ex21 tent that the obligation authority has not lapsed or 

22 been used; 

23 (10) section 105 of title 23, United States Code 

24 (as in effect for fiscal years 2005 through 2012, but 


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1 only in an amount equal to $639,000,000 for each of 

2 those fiscal years); 

3 (11) section 1603 of SAFETEA–LU (23 U.S.C. 

4 118 note; 119 Stat. 1248), to the extent that funds ob5 ligated in accordance with that section were not sub6 ject to a limitation on obligations at the time at 

7 which the funds were initially made available for ob8 ligation; and 

9 (12) section 119 of title 23, United States Code 

10 (but, for each of fiscal years 2013 through 2017, only 

11 in an amount equal to $639,000,000). 

12 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU13 THORITY.—Notwithstanding subsection (a), the Secretary 

14 shall, after August 1 of such fiscal year— 

15 (1) revise a distribution of the obligation limita16 tion made available under subsection (a) if an 

17 amount distributed cannot be obligated during that 

18 fiscal year; and 

19 (2) redistribute sufficient amounts to those States 

20 able to obligate amounts in addition to those pre21 viously distributed during that fiscal year, giving pri22 ority to those States having large unobligated bal23 ances of funds apportioned under sections 144 (as in 

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1 lic Law 112–141) and 104 of title 23, United States 

2 Code. 

3 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

4 TRANSPORTATION RESEARCH PROGRAMS.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the obligation limitation for Federal-aid 

7 highways shall apply to contract authority for trans8 portation research programs carried out under— 

9 (A) chapter 5 of title 23, United States 

10 Code; and 

11 (B) title VI of the Fixing America’s Surface 

12 Transportation Act. 

13 (2) EXCEPTION.—Obligation authority made 

14 available under paragraph (1) shall— 

15 (A) remain available for a period of 4 fiscal 

16 years; and 

17 (B) be in addition to the amount of any 

18 limitation imposed on obligations for Federal19 aid highway and highway safety construction 

20 programs for future fiscal years. 

21 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

22 FUNDS.— 

23 (1) IN GENERAL.—Not later than 30 days after 

24 the date of distribution of obligation limitation under 

25 subsection (a), the Secretary shall distribute to the 


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1 States any funds (excluding funds authorized for the 

2 program under section 202 of title 23, United States 

3 Code) that— 

4 (A) are authorized to be appropriated for 

5 such fiscal year for Federal-aid highway pro6 grams; and 

7 (B) the Secretary determines will not be al8 located to the States (or will not be apportioned 

9 to the States under section 204 of title 23, 

10 United States Code), and will not be available 

11 for obligation, for such fiscal year because of the 

12 imposition of any obligation limitation for such 

13 fiscal year. 

14 (2) RATIO.—Funds shall be distributed under 

15 paragraph (1) in the same proportion as the distribu16 tion of obligation authority under subsection (a)(5). 

17 (3) AVAILABILITY.—Funds distributed to each 

18 State under paragraph (1) shall be available for any 

19 purpose described in section 133(b) of title 23, United 

20 States Code. 

21 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re22 ceived by the Bureau of Transportation Statistics from the 

23 sale of data products, for necessary expenses incurred pur24 suant to chapter 63 of title 49, United States Code, may 

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1 pose of reimbursing the Bureau for such expenses: Provided, 

2 That such funds shall be subject to the obligation limitation 

3 for Federal-aid highway and highway safety construction 

4 programs. 

5 SEC. 122. (a) TRANSFER OF AMOUNTS.— 

6 (1) STATE OF VIRGINIA.— 

7 (A) IN GENERAL.—Of the total amount ap8 portioned to the State of Virginia under section 

9 104 of title 23, United States Code, for fiscal 

10 year 2017, the Secretary of Transportation shall, 

11 by the later of November 30, 2016, or 30 days 

12 after the enactment of this Act, transfer to the 

13 National Park Service— 

14 (i) an amount equal to— 

15 (I) $30,000,000; multiplied by 

16 (II) the ratio that— 

17 (aa) the amount apportioned 

18 to the State of Virginia under 

19 such section 104; bears to 

20 (bb) the combined amount 

21 apportioned to the State of Vir22 ginia and the District of Colum23 bia under such section 104; and 


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1 (ii) an amount of obligation limitation 

2 equal to the amount calculated under clause 

3 (i). 

4 (B) SOURCE AND AMOUNT.—For purpose of 

5 the transfer under subparagraph (A), the State 

6 of Virginia shall select at the discretion of the 

7 State— 

8 (i) the programs (among those for 

9 which funding is apportioned as described 

10 in that subparagraph) from which to trans11 fer the amount specified in that subpara12 graph; and 

13 (ii) the amount to transfer from each 

14 of those programs (equal in aggregate to the 

15 amount calculated under subparagraph 

16 (A)(i)). 

17 (2) DISTRICT OF COLUMBIA.— 

18 (A) IN GENERAL.—Of the total amount ap19 portioned to the District of Columbia under sec20 tion 104 of title 23, United States Code, for fis21 cal year 2017, the Secretary of Transportation 

22 shall, by the later of November 30, 2016, or 30 

23 days after the enactment of this Act, transfer to 

24 the National Park Service— 

25 (i) an amount equal to— 


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1 (I) $30,000,000; multiplied by 

2 (II) the ratio that— 

3 (aa) the amount apportioned 

4 to the District of Columbia under 

5 such section 104; bears to 

6 (bb) the combined amount 

7 apportioned to the State of Vir8 ginia and the District of Colum9 bia under such section 104; and 

10 (ii) an amount of obligation limitation 

11 equal to the amount calculated under clause 

12 (i). 

13 (B) SOURCE AND AMOUNT.—For purpose of 

14 the transfer under subparagraph (A), the Dis15 trict of Columbia shall select at the discretion of 

16 the District— 

17 (i) the programs (among those for 

18 which funding is apportioned as described 

19 in that subparagraph) from which to trans20 fer the amount specified in that subpara21 graph; and 

22 (ii) the amount to transfer from each 

23 of those programs (equal in aggregate to the 

24 amount calculated under subparagraph 

25 (A)(i)). 


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1 (3) FEDERAL LANDS TRANSPORTATION PRO2 GRAM.—Of the amounts otherwise made available to 

3 the National Park Service under section 203 of title 

4 23, United States Code, not less than 10 percent shall 

5 be set aside for purposes of this section. 

6 (b) ELIGIBILITY AND FEDERAL SHARE.—The amounts 

7 under subsection (a) shall be— 

8 (1) available to the National Park Service only 

9 for projects that— 

10 (A) are eligible under section 203 of title 23, 

11 United States Code; 

12 (B) are located on bridges on the National 

13 Highway System that were originally con14 structed before 1945 and are in poor condition; 

15 and 

16 (C) each have an estimated total project cost 

17 of not less than $150,000,000; and 

18 (2) subject to the Federal share described in sec19 tion 201(b)(7)(A) of title 23, United States Code. 

20 (c) OTHER FUNDS AND OBLIGATION LIMITATION.— 

21 Any funds and obligation limitation transferred under sub22 section (a) shall be in addition to funds or obligation limi23 tation otherwise made available to the National Park Serv24 ice under sections 203 and 204 of title 23, United States 

25 Code. 


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1 SEC. 123. Not less than 15 days prior to waiving, 

2 under his or her statutory authority, any Buy America re3 quirement for Federal-aid highways projects, the Secretary 

4 of Transportation shall make an informal public notice and 

5 comment opportunity on the intent to issue such waiver and 

6 the reasons therefor: Provided, That the Secretary shall pro7 vide an annual report to the House and Senate Committees 

8 on Appropriations on any waivers granted under the Buy 

9 America requirements. 

10 SEC. 124. None of the funds in this Act to the Depart11 ment of Transportation may be used to provide credit as12 sistance unless not less than 3 days before any application 

13 approval to provide credit assistance under sections 603 

14 and 604 of title 23, United States Code, the Secretary of 

15 Transportation provides notification in writing to the fol16 lowing committees: the House and Senate Committees on 

17 Appropriations; the Committee on Environment and Public 

18 Works and the Committee on Banking, Housing and Urban 

19 Affairs of the Senate; and the Committee on Transportation 

20 and Infrastructure of the House of Representatives: Pro21 vided, That such notification shall include, but not be lim22 ited to, the name of the project sponsor; a description of 

23 the project; whether credit assistance will be provided as 

24 a direct loan, loan guarantee, or line of credit; and the 

25 amount of credit assistance. 


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1 SEC. 125. (a) A State or territory, as defined in section 

2 165 of title 23, United States Code, may, hereafter, use for 

3 any project eligible under section 133(b) of title 23 or sec4 tion 165 of title 23 and located within the boundary of the 

5 State or territory any earmarked amount, and any associ6 ated obligation limitation, provided that the Department 

7 of Transportation for the State or territory for which the 

8 earmarked amount was originally designated or directed 

9 notifies the Secretary of Transportation of its intent to use 

10 its authority under this section and submits a quarterly 

11 report to the Secretary identifying the projects to which the 

12 funding would be applied. Notwithstanding the original pe13 riod of availability of funds to be obligated under this sec14 tion, such funds and associated obligation limitation shall 

15 remain available for obligation for a period of 3 fiscal years 

16 after the fiscal year in which the Secretary of Transpor17 tation is notified. The Federal share of the cost of a project 

18 carried out with funds made available under this section 

19 shall be the same as associated with the earmark. 

20 (b) In this section, the term ‘‘earmarked amount’’ 

21 means— 

22 (1) congressionally directed spending, as defined 

23 in rule XLIV of the Standing Rules of the Senate, 

24 identified in a prior law, report, or joint explanatory 

25 statement, which was authorized to be appropriated 


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1 or appropriated more than 10 fiscal years prior to 

2 the current fiscal year, and administered by the Fed3 eral Highway Administration; or 

4 (2) a congressional earmark, as defined in rule 

5 XXI of the Rules of the House of Representatives iden6 tified in a prior law, report, or joint explanatory 

7 statement, which was authorized to be appropriated 

8 or appropriated more than 10 fiscal years prior to 

9 the current fiscal year, and administered by the Fed10 eral Highway Administration. 

11 (c) The authority under subsection (a) may be exer12 cised only for those projects or activities that have obligated 

13 less than 10 percent of the amount made available for obli14 gation as of October 1 of the current fiscal year, and shall 

15 be applied to projects within the same general geographic 

16 area within 50 miles for which the funding was designated, 

17 except that a State or territory may apply such authority 

18 to unexpended balances of funds from projects or activities 

19 the State or territory certifies have been closed and for 

20 which payments have been made under a final voucher. 

21 (d) The Secretary shall— 

22 (1) for fiscal year 2017, submit consolidated re23 ports of the information provided by the States and 

24 territories each quarter to the House and Senate Com25 mittees on Appropriations; and 


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1 (2) for fiscal year 2018 and thereafter, post such 

2 information annually on the Department’s public 

3 Web site. 

4 SEC. 126. None of the funds in this Act may be used 

5 to make a grant for a project under section 117 of title 23, 

6 United States Code, unless the Secretary, at least 60 days 

7 before making a grant under that section, provides written 

8 notification to the House and Senate Committees on Appro9 priations of the proposed grant, including an evaluation 

10 and justification for the project and the amount of the pro11 posed grant award. 

12 SEC. 127. (a) IDENTIFICATION OF HIGH PRIORITY

13 CORRIDORS ON NATIONAL HIGHWAY SYSTEM.—Section 

14 1105(c) of the Intermodal Surface Transportation Effi15 ciency Act of 1991 is amended by adding at the end the 

16 following: 

17 ‘‘(89) United States Route 67 from Interstate 40 

18 in North Little Rock, Arkansas, to United States 

19 Route 412. 

20 ‘‘(90) The Edward T. Breathitt Parkway from 

21 Interstate 24 to Interstate 69.’’. 

22 (b) INCLUSION OF CERTAIN ROUTE SEGMENTS ON

23 INTERSTATE SYSTEM.—Section 1105(e)(5)(A) of the Inter24 modal Surface Transportation Efficiency Act of 1991 is 

25 amended in the first sentence by striking ‘‘and subsection 


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1 (c)(83)’’ and inserting ‘‘subsection (c)(83), subsection 

2 (c)(89), and subsection (c)(90)’’. 

3 (c) DESIGNATION.—Section 1105(e)(5)(C)(i) of the 

4 Intermodal Surface Transportation Efficiency Act of 1991 

5 is amended by adding at the end the following: ‘‘The route 

6 referred to in subsection (c)(89) is designated as Interstate 

7 Route I–57. The route referred to in subsection (c)(90) is 

8 designated as Interstate Route I–169.’’. 

9 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

10 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

11 (LIQUIDATION OF CONTRACT AUTHORIZATION)

12 (LIMITATION ON OBLIGATIONS)

13 (HIGHWAY TRUST FUND)

14 For payment of obligations incurred in the implemen15 tation, execution and administration of motor carrier safe16 ty operations and programs pursuant to section 31110 of 

17 title 49, United States Code, as amended by the Fixing 

18 America’s Surface Transportation Act, $277,200,000, to be 

19 derived from the Highway Trust Fund (other than the Mass 

20 Transit Account), together with advances and reimburse21 ments received by the Federal Motor Carrier Safety Admin22 istration, the sum of which shall remain available until ex23 pended: Provided, That funds available for implementation, 

24 execution or administration of motor carrier safety oper25 ations and programs authorized under title 49, United 


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1 States Code, shall not exceed total obligations of 

2 $277,200,000 for ‘‘Motor Carrier Safety Operations and 

3 Programs’’ for fiscal year 2017, of which $9,180,000, to re4 main available for obligation until September 30, 2019, is 

5 for the research and technology program. 

6 MOTOR CARRIER SAFETY GRANTS

7 (LIQUIDATION OF CONTRACT AUTHORIZATION)

8 (LIMITATION ON OBLIGATIONS)

9 (HIGHWAY TRUST FUND)

10 For payment of obligations incurred in carrying out 

11 sections 31102, 31103, 31104, and 31313 of title 49, United 

12 States Code, as amended by the Fixing America’s Surface 

13 Transportation Act, $367,000,000, to be derived from the 

14 Highway Trust Fund (other than the Mass Transit Ac15 count) and to remain available until expended: Provided, 

16 That funds available for the implementation or execution 

17 of motor carrier safety programs shall not exceed total obli18 gations of $367,000,000 in fiscal year 2017 for ‘‘Motor Car19 rier Safety Grants’’; of which $292,600,000 shall be avail20 able for the motor carrier safety assistance program, 

21 $31,200,000 shall be available for the commercial driver’s 

22 license program implementation program, $42,200,000 

23 shall be available for the high priority activities program, 

24 and $1,000,000 shall be available for the commercial motor 

25 vehicle operator grant program. 


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1 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER

2 SAFETY ADMINISTRATION

3 SEC. 130. Funds appropriated or limited in this Act 

4 shall be subject to the terms and conditions stipulated in 

5 section 350 of Public Law 107–87 and section 6901 of Pub6 lic Law 110–28. 

7 SEC. 131. Section 133 of division L, title I of the Con8 solidated Appropriations Act, 2016, Public Law 114–113, 

9 is amended to read as follows: 

10 ‘‘(a) None of the funds appropriated or otherwise made 

11 available by this Act or any other Act may be used to imple12 ment, administer, or enforce the requirement for two off13 duty periods from 1:00 a.m. to 5:00 a.m. under subsection 

14 395.3(c) or the restriction on use of more than one restart 

15 during a 168-hour period under subsection 395.3(d) of title 

16 49, Code of Federal Regulations, and such provisions shall 

17 have no force or effect as of the date of submission of the 

18 final report issued by the Secretary of Transportation, as 

19 required by section 133 of division K of Public Law 113– 

20 235, unless the Secretary and the Inspector General of the 

21 Department of Transportation each review and determine 

22 that the final report— 

23 ‘‘(1) meets the statutory requirements set forth in 

24 such section; and 


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1 ‘‘(2) establishes that commercial motor vehicle 

2 drivers who operated under the restart provisions in 

3 operational effect between July 1, 2013, and the day 

4 before the date of enactment of such Public Law dem5 onstrated statistically significant improvement in all 

6 outcomes related to safety, operator fatigue, driver 

7 health and longevity, and work schedules, in compari8 son to commercial motor vehicle drivers who operated 

9 under the restart provisions in operational effect on 

10 June 30, 2013. 

11 ‘‘(b) If the Secretary and Inspector General do not each 

12 make the determination required by subsection (a), the 34- 

13 hour restart rule in operational effect on June 30, 2013, 

14 shall be restored to full force and effect on the date the Sec15 retary submits the final report to the House and Senate 

16 Committees on Appropriations, and funds appropriated or 

17 otherwise made available by this Act or any other Act shall 

18 be available to implement, administer, or enforce such rule. 

19 ‘‘(c) If the 34-hour restart rule in operational effect 

20 on June 30, 2013, is restored to full force and effect pursu21 ant to subsection (b), a driver who uses that restart rule 

22 may not drive after being on duty more than 73 hours in 

23 any period of 7 consecutive days, where the 7-day measure24 ment period moves forward 1 day at midnight each day.’’. 


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1 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

2 OPERATIONS AND RESEARCH

3 For expenses necessary to discharge the functions of the 

4 Secretary, with respect to traffic and highway safety au5 thorized under chapter 301 and part C of subtitle VI of 

6 title 49, United States Code, $160,075,000, of which 

7 $20,000,000 shall remain available through September 30, 

8 2018. 

9 OPERATIONS AND RESEARCH

10 (LIQUIDATION OF CONTRACT AUTHORIZATION)

11 (LIMITATION ON OBLIGATIONS)

12 (HIGHWAY TRUST FUND)

13 For payment of obligations incurred in carrying out 

14 the provisions of 23 U.S.C. 403, and chapter 303 of title 

15 49, United States Code, $145,900,000, to be derived from 

16 the Highway Trust Fund (other than the Mass Transit Ac17 count) and to remain available until expended: Provided, 

18 That none of the funds in this Act shall be available for 

19 the planning or execution of programs the total obligations 

20 for which, in fiscal year 2017, are in excess of $145,900,000, 

21 of which $140,700,000 shall be for programs authorized 

22 under 23 U.S.C. 403 and $5,200,000 shall be for the Na23 tional Driver Register authorized under chapter 303 of title 

24 49, United States Code: Provided further, That within the 

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1 search, $20,000,000 shall remain available until September 

2 30, 2018, and shall be in addition to the amount of any 

3 limitation imposed on obligations for future years. 

4 HIGHWAY TRAFFIC SAFETY GRANTS

5 (LIQUIDATION OF CONTRACT AUTHORIZATION)

6 (LIMITATION ON OBLIGATIONS)

7 (HIGHWAY TRUST FUND)

8 For payment of obligations incurred in carrying out 

9 provisions of 23 U.S.C. 402, 404, and 405, and section 

10 4001(a)(6) of the Fixing America’s Surface Transportation 

11 Act, to remain available until expended, $585,372,000, to 

12 be derived from the Highway Trust Fund (other than the 

13 Mass Transit Account): Provided, That none of the funds 

14 in this Act shall be available for the planning or execution 

15 of programs the total obligations for which, in fiscal year 

16 2017, are in excess of $585,372,000 for programs authorized 

17 under 23 U.S.C. 402, 404, and 405, and section 4001(a)(6) 

18 of the Fixing America’s Surface Transportation Act, of 

19 which $252,300,000 shall be for ‘‘Highway Safety Pro20 grams’’ under 23 U.S.C. 402; $277,500,000 shall be for 

21 ‘‘National Priority Safety Programs’’ under 23 U.S.C. 405; 

22 $29,500,000 shall be for ‘‘High Visibility Enforcement Pro23 gram’’ under 23 U.S.C. 404; $26,072,000 shall be for ‘‘Ad24 ministrative Expenses’’ under section 4001(a)(6) of the Fix25 ing America’s Surface Transportation Act: Provided furVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6203 E:\BILLS\H2577.PP H2577

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1 ther, That none of these funds shall be used for construction, 

2 rehabilitation, or remodeling costs, or for office furnishings 

3 and fixtures for State, local or private buildings or struc4 tures: Provided further, That not to exceed $500,000 of the 

5 funds made available for ‘‘National Priority Safety Pro6 grams’’ under 23 U.S.C. 405 for ‘‘Impaired Driving Coun7 termeasures’’ (as described in subsection (d) of that section) 

8 shall be available for technical assistance to the States: Pro9 vided further, That with respect to the ‘‘Transfers’’ provi10 sion under 23 U.S.C. 405(a)(1)(8), any amounts trans11 ferred to increase the amounts made available under section 

12 402 shall include the obligation authority for such amounts: 

13 Provided further, That the Administrator shall notify the 

14 House and Senate Committees on Appropriations of any 

15 exercise of the authority granted under the previous proviso 

16 or under 23 U.S.C. 405(a)(1)(8) within 5 days. 

17 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

18 TRAFFIC SAFETY ADMINISTRATION

19 SEC. 140. An additional $130,000 shall be made avail20 able to the National Highway Traffic Safety Administra21 tion, out of the amount limited for section 402 of title 23, 

22 United States Code, to pay for travel and related expenses 

23 for State management reviews and to pay for core com24 petency development training and related expenses for high25 way safety staff. 


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1 SEC. 141. The limitations on obligations for the pro2 grams of the National Highway Traffic Safety Administra3 tion set in this Act shall not apply to obligations for which 

4 obligation authority was made available in previous public 

5 laws but only to the extent that the obligation authority 

6 has not lapsed or been used. 

7 SEC. 142. Not later than 6 months after the date of 

8 the enactment of this Act, the Secretary of Transportation 

9 shall issue a final rule requiring the use of speed limiting 

10 devices on trucks with a gross vehicle weight rating in excess 

11 of 26,000 pounds. 

12 FEDERAL RAILROAD ADMINISTRATION

13 SAFETY AND OPERATIONS

14 For necessary expenses of the Federal Railroad Admin15 istration, not otherwise provided for, $208,500,000, of which 

16 $15,900,000 shall remain available until expended. 

17 RAILROAD RESEARCH AND DEVELOPMENT

18 For necessary expenses for railroad research and devel19 opment, $40,100,000, to remain available until expended. 

20 RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

21 PROGRAM

22 The Secretary of Transportation is authorized to issue 

23 direct loans and loan guarantees pursuant to sections 501 

24 through 504 of the Railroad Revitalization and Regulatory 

25 Reform Act of 1976 (Public Law 94–210), as amended, such 


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1 authority to exist as long as any such direct loan or loan 

2 guarantee is outstanding. 

3 CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY

4 IMPROVEMENTS GRANTS

5 For necessary expenses related to Consolidated Rail 

6 Infrastructure and Safety Improvements Grants as author7 ized by section 24407 of title 49, United States Code, 

8 $50,000,000, to remain available until expended, of which 

9 up to $25,000,000 shall be available to carry out section 

10 24407(c)(1) of title 49, United States Code; and not less 

11 than $25,000,000 shall be available to carry out paragraphs 

12 (2), (5), (6), (7) and (10) of section 24407(c) of such title: 

13 Provided, That the Secretary may withhold up to one per14 cent of the amount provided under this heading for the costs 

15 of project management oversight of grants carried out under 

16 section 24407 of title 49, United States Code: Provided fur17 ther, That such funds shall only be used for grants related 

18 to railroad safety. 

19 FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD

20 REPAIR GRANTS

21 For necessary expenses related to Federal-State Part22 nership for State of Good Repair Grants as authorized by 

23 section 24911 of title 49, United States Code, $20,000,000, 

24 to remain available until expended: Provided, That the Sec25 retary may withhold up to one percent of the amount proVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6203 E:\BILLS\H2577.PP H2577

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1 vided under this heading for the costs of project manage2 ment oversight of grants carried out under section 24911 

3 of title 49, United States Code. 

4 RESTORATION AND ENHANCEMENT GRANTS

5 For necessary expenses related to grants, $15,000,000, 

6 to remain available until expended, of which $5,000,000 

7 shall be available to carry out section 24408 of title 49, 

8 United States Code; and $10,000,000 shall be available for 

9 capital grants for the restoration or initiation of intercity 

10 passenger service in an amount not to exceed 50 percent 

11 of the total project cost: Provided, That the Secretary may 

12 withhold up to one percent of the funds provided under this 

13 heading to fund the costs of project management and over14 sight. 

15 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL

16 RAILROAD PASSENGER CORPORATION

17 To enable the Secretary of Transportation to make 

18 grants to the National Railroad Passenger Corporation for 

19 activities associated with the Northeast Corridor as author20 ized by section 11101(a) of the Fixing America’s Surface 

21 Transportation Act (division A of Public Law 114–94), 

22 $345,000,000, to remain available until expended: Pro23 vided, That the Secretary may retain up to one-half of 1 

24 percent of the funds provided under both this heading and 

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1 senger Corporation heading to fund the costs of project man2 agement and oversight of activities authorized by section 

3 11101(c) of division A of Public Law 114–94: Provided fur4 ther, That in addition to the project management oversight 

5 funds authorized under section 11101(c) of division A of 

6 Public Law 114–94, the Secretary may retain up to an ad7 ditional $5,000,000 of the funds provided under this head8 ing to fund expenses associated with the Northeast Corridor 

9 Commission established under section 24905 of title 49, 

10 United States Code: Provided further, That of the amounts 

11 made available under this heading and the National Net12 work Grants to the National Railroad Passenger Corpora13 tion heading, not less than $50,000,000 shall be made avail14 able to bring Amtrak-served facilities and stations into com15 pliance with the Americans with Disabilities Act. 

16 NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD

17 PASSENGER CORPORATION

18 To enable the Secretary of Transportation to make 

19 grants to the National Railroad Passenger Corporation for 

20 activities associated with the National Network as author21 ized by section 11101(b) of the Fixing America’s Surface 

22 Transportation Act (division A of Public Law 114–94), 

23 $1,075,000,000, to remain available until expended: Pro24 vided, That the Secretary may retain up to an additional 

25 $2,000,000 of the funds provided under this heading to fund 


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1 expenses associated with the State-Supported Route Com2 mittee established under 24712 of title 49, United States 

3 Code. 

4 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

5 ADMINISTRATION

6 SEC. 150. None of the funds provided to the National 

7 Railroad Passenger Corporation may be used to fund any 

8 overtime costs in excess of $35,000 for any individual em9 ployee: Provided, That the President of Amtrak may waive 

10 the cap set in the previous proviso for specific employees 

11 when the President of Amtrak determines such a cap poses 

12 a risk to the safety and operational efficiency of the system: 

13 Provided further, That the President of Amtrak shall report 

14 to the House and Senate Committees on Appropriations 

15 each quarter within 60 days of such quarter of the calendar 

16 year on waivers granted to employees and amounts paid 

17 above the cap for each month within such quarter and de18 lineate the reasons each waiver was granted: Provided fur19 ther, That the President of Amtrak shall report to the House 

20 and Senate Committees on Appropriations by May 15, 

21 2017, a summary of all overtime payments incurred by the 

22 Corporation for 2016 and the three prior calendar years: 

23 Provided further, That such summary shall include the total 

24 number of employees that received waivers and the total 

25 overtime payments the Corporation paid to those employees 


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1 receiving waivers for each month for 2016 and for the three 

2 prior calendar years. 

3 SEC. 151. Section 24408 of title 49, United States 

4 Code, is amended by— 

5 (1) Striking the words ‘‘or enhancing’’ in sub6 section (b) and inserting in its place the words ‘‘en7 hancing, or supporting’’; 

8 (2) Striking subparagraph (c)(3)(C); 

9 (3) Striking paragraph (d)(5); and 

10 (4) Striking subsection (e) and replacing with a 

11 new subsection (e) that states ‘‘Grants made under 

12 this section may not exceed 80 percent of the projected 

13 net operating costs.’’. 

14 FEDERAL TRANSIT ADMINISTRATION

15 ADMINISTRATIVE EXPENSES

16 For necessary administrative expenses of the Federal 

17 Transit Administration’s programs authorized by chapter 

18 53 of title 49, United States Code, $110,665,000: Provided, 

19 That none of the funds provided or limited in this Act may 

20 be used to create a permanent office of transit security 

21 under this heading: Provided further, That upon submission 

22 to the Congress of the fiscal year 2018 President’s budget, 

23 the Secretary of Transportation shall transmit to Congress 

24 the annual report on New Starts, including proposed allo25 cations for fiscal year 2018. 


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1 TRANSIT FORMULA GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in the Federal 

6 Public Transportation Assistance Program in this account, 

7 and for payment of obligations incurred in carrying out 

8 the provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 

9 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as 

10 amended by the Fixing America’s Surface Transportation 

11 Act, and section 20005(b) of Public Law 112–141, and sec12 tions 3006(b) and 3028 of the Fixing America’s Surface 

13 Transportation Act, $10,800,000,000, to be derived from the 

14 Mass Transit Account of the Highway Trust Fund and to 

15 remain available until expended: Provided, That funds 

16 available for the implementation or execution of programs 

17 authorized under 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 

18 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as 

19 amended by the Fixing America’s Surface Transportation 

20 Act, and section 20005(b) of Public Law 112–141, and sec21 tions 3006(b) and 3028 of the Fixing America’s Surface 

22 Transportation Act, shall not exceed total obligations of 

23 $9,733,706,043 in fiscal year 2017: Provided further, That 

24 the Federal share of the cost of activities carried out under 

25 section 5312 shall not exceed 80 percent, except that if there 


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1 is substantial public interest or benefit, the Secretary may 

2 approve a greater Federal share. 

3 CAPITAL INVESTMENT GRANTS

4 For necessary expenses to carry out 49 U.S.C. 5309 

5 and section 3005(b) of the FAST Act, $2,338,063,000, to 

6 remain available until expended. 

7 GRANTS TO THE WASHINGTON METROPOLITAN AREA

8 TRANSIT AUTHORITY

9 For grants to the Washington Metropolitan Area Tran10 sit Authority as authorized under section 601 of division 

11 B of Public Law 110–432, $150,000,000, to remain avail12 able until expended: Provided, That the Secretary of Trans13 portation shall approve grants for capital and preventive 

14 maintenance expenditures for the Washington Metropolitan 

15 Area Transit Authority only after receiving and reviewing 

16 a request for each specific project: Provided further, That 

17 prior to approving such grants, the Secretary shall certify 

18 that the Washington Metropolitan Area Transit Authority 

19 is making progress to improve its safety management sys20 tem in response to the Federal Transit Administration’s 

21 2015 safety management inspection: Provided further, That 

22 prior to approving such grants, the Secretary shall certify 

23 that the Washington Metropolitan Area Transit Authority 

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1 ment Oversight Review Report: Provided further, That the 

2 Secretary shall determine that the Washington Metropolitan 

3 Area Transit Authority has placed the highest priority on 

4 those investments that will improve the safety of the system 

5 before approving such grants: Provided further, That the 

6 Secretary, in order to ensure safety throughout the rail sys7 tem, may waive the requirements of section 601(e)(1) of di8 vision B of Public Law 110–432 (112 Stat. 4968). 

9 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

10 ADMINISTRATION

11 (INCLUDING RESCISSION)

12 SEC. 160. The limitations on obligations for the pro13 grams of the Federal Transit Administration shall not 

14 apply to any authority under 49 U.S.C. 5338, previously 

15 made available for obligation, or to any other authority pre16 viously made available for obligation. 

17 SEC. 161. Notwithstanding any other provision of law, 

18 funds appropriated or limited by this Act under the heading 

19 ‘‘Fixed Guideway Capital Investment’’ of the Federal Tran20 sit Administration for projects specified in this Act or iden21 tified in reports accompanying this Act not obligated by 

22 September 30, 2021, and other recoveries, shall be directed 

23 to projects eligible to use the funds for the purposes for 

24 which they were originally provided. 


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1 SEC. 162. Notwithstanding any other provision of law, 

2 any funds appropriated before October 1, 2016, under any 

3 section of chapter 53 of title 49, United States Code, that 

4 remain available for expenditure, may be transferred to and 

5 administered under the most recent appropriation heading 

6 for any such section. 

7 SEC. 163. Section 5303(r)(2)(C) of title 49, United 

8 States Code, is amended— 

9 (1) by inserting ‘‘and 25 square miles of land 

10 area’’ after ‘‘145,000’’; and 

11 (2) by inserting ‘‘and 12 square miles of land 

12 area’’ after ‘‘65,000’’. 

13 SEC. 164. Any unobligated amounts made available 

14 for fiscal year 2012 or prior fiscal years to carry out the 

15 discretionary job access and reverse commute program 

16 under section 3037 of the transportation equity act for the 

17 21st century are hereby rescinded: Provided, That such 

18 amounts are made available for projects eligible under 49 

19 U.S.C. 5309(q). 

20 SEC. 165. Section 5307(a) of title 49, United States 

21 Code, is amended by striking paragraphs (2) and (3) and 

22 inserting the following: 

23 ‘‘(2) SPECIAL RULE.—The Secretary may make 

24 grants under this section to finance the operating cost 

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1 tation, excluding rail fixed guideway, in an urban2 ized area with a population of not fewer than 200,000 

3 individuals, as determined by the Bureau of the Cen4 sus— 

5 ‘‘(A) for public transportation systems 

6 that— 

7 ‘‘(i) operate 75 or fewer buses in fixed 

8 route service or demand response service, ex9 cluding ADA complementary paratransit 

10 service, during peak service hours, in an 

11 amount not to exceed 75 percent of the share 

12 of the apportionment which is attributable 

13 to such systems within the urbanized area, 

14 as measured by vehicle revenue hours; or 

15 ‘‘(ii) operate a minimum of 76 buses 

16 and a maximum of 100 buses in fixed route 

17 service or demand response service, exclud18 ing ADA complementary paratransit serv19 ice, during peak service hours, in an 

20 amount not to exceed 50 percent of the share 

21 of the apportionment which is attributable 

22 to such systems within the urbanized area, 

23 as measured by vehicle revenue hours; or 

24 ‘‘(B) subject to paragraph (3), for public 

25 transportation systems that— 


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1 ‘‘(i) operate 75 or fewer buses in fixed 

2 route service or demand response service, ex3 cluding ADA complementary paratransit 

4 service, during peak service hours, in an 

5 amount not to exceed 75 percent of the share 

6 of the apportionment allocated to such sys7 tems within the urbanized area, as deter8 mined by the local planning process and in9 cluded in the designated recipient’s final 

10 program of projects prepared under sub11 section (b); or 

12 ‘‘(ii) operate a minimum of 76 buses 

13 and a maximum of 100 buses in fixed route 

14 service or demand response service, exclud15 ing ADA complementary paratransit service 

16 during peak service hours, in an amount 

17 not to exceed 50 percent of the share of the 

18 apportionment allocated to such systems 

19 within the urbanized area, as determined by 

20 the local planning process and included in 

21 the designated recipient’s final program of 

22 projects prepared under subsection (b). 

23 ‘‘(3) LIMITATION.—The amount available to a 

24 public transportation system under subparagraph (B) 

25 of paragraph (2) shall be not more than 10 percent 


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1 greater than the amount that would otherwise be 

2 available to the system under subparagraph (A) of 

3 that paragraph.’’. 

4 SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

5 The Saint Lawrence Seaway Development Corpora6 tion is hereby authorized to make such expenditures, within 

7 the limits of funds and borrowing authority available to 

8 the Corporation, and in accord with law, and to make such 

9 contracts and commitments without regard to fiscal year 

10 limitations as provided by section 104 of the Government 

11 Corporation Control Act, as amended, as may be necessary 

12 in carrying out the programs set forth in the Corporation’s 

13 budget for the current fiscal year. 

14 OPERATIONS AND MAINTENANCE

15 (HARBOR MAINTENANCE TRUST FUND)

16 For necessary expenses to conduct the operations, 

17 maintenance, and capital asset renewal activities of those 

18 portions of the St. Lawrence Seaway owned, operated, and 

19 maintained by the Saint Lawrence Seaway Development 

20 Corporation, $36,028,000, to be derived from the Harbor 

21 Maintenance Trust Fund, pursuant to Public Law 99–662. 

22 MARITIME ADMINISTRATION

23 MARITIME SECURITY PROGRAM

24 For necessary expenses to maintain and preserve a 

25 U.S.-flag merchant fleet to serve the national security needs 


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1 of the United States, $275,000,000, to remain available 

2 until expended: Provided, That the Maritime Administra3 tion may make a reduction in payment pro rata in the 

4 event sufficient funds have not been appropriated to pay 

5 the full annual payment authorized for the Maritime Secu6 rity Fleet pursuant to section 53106 of title 46: Provided 

7 further, That the Maritime Administration shall allocate 

8 the funds across 60 ships. 

9 OPERATIONS AND TRAINING

10 For necessary expenses of operations and training ac11 tivities authorized by law, $175,160,000, of which 

12 $22,000,000 shall remain available until expended for 

13 maintenance and repair of training ships at State Mari14 time Academies, and of which $6,000,000 shall remain 

15 available until expended for National Security Multi-Mis16 sion Vessel Program for State Maritime Academies and Na17 tional Security, and of which $2,400,000 shall remain 

18 available through September 30, 2018, for the Student In19 centive Program at State Maritime Academies, and of 

20 which $1,200,000 shall remain available until expended for 

21 training ship fuel assistance payments, and of which 

22 $18,000,000 shall remain available until expended for fa23 cilities maintenance and repair, equipment, and capital 

24 improvements at the United States Merchant Marine Acad25 emy, and of which $3,000,000 shall remain available 


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1 through September 30, 2018, for Maritime Environment 

2 and Technology Assistance grants, contracts, and coopera3 tive agreement, and of which $5,000,000 shall remain avail4 able until expended for the Short Sea Transportation Pro5 gram (America’s Marine Highways) to make grants for the 

6 purposes provided in title 46 sections 55601(b)(1) and 

7 55601(b)(3): Provided further, That not later than January 

8 12, 2017, the Administrator of the Maritime Administra9 tion shall transmit to the House and Senate Committees 

10 on Appropriations the annual report on sexual assault and 

11 sexual harassment at the United States Merchant Marine 

12 Academy as required pursuant to section 3507 of Public 

13 Law 110–417. 

14 ASSISTANCE TO SMALL SHIPYARDS

15 To make grants to qualified shipyards as authorized 

16 under section 54101 of title 46, United States Code, as 

17 amended by Public Law 113–281, $10,000,000 to remain 

18 available until expended: Provided, That the Secretary shall 

19 issue the Notice of Funding Availability no later than 15 

20 days after enactment of this Act: Provided further, That 

21 from applications submitted under the previous proviso, the 

22 Secretary of Transportation shall make grants no later than 

23 120 days after enactment of this Act in such amounts as 

24 the Secretary determines: Provided further, That not to ex25 ceed 2 percent of the funds appropriated under this heading 


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1 shall be available for necessary costs of grant administra2 tion. 

3 SHIP DISPOSAL

4 For necessary expenses related to the disposal of obso5 lete vessels in the National Defense Reserve Fleet of the Mar6 itime Administration, $20,000,000, to remain available 

7 until expended, of which $8,000,000 shall be for the decom8 missioning of the Nuclear Ship Savannah. 

9 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

10 ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

12 For the cost of guaranteed loans, as authorized, 

13 $5,000,000, of which $2,000,000 shall remain available 

14 until expended: Provided, That such costs, including the 

15 cost of modifying such loans, shall be as defined in section 

16 502 of the Congressional Budget Act of 1974, as amended: 

17 Provided further, That not to exceed $3,000,000 shall be 

18 available for administrative expenses to carry out the guar19 anteed loan program, which shall be transferred to and 

20 merged with the appropriations for ‘‘Operations and Train21 ing’’, Maritime Administration. 

22 ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

23 SEC. 170. Notwithstanding any other provision of this 

24 Act, in addition to any existing authority, the Maritime 

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1 ices and make necessary repairs in connection with any 

2 lease, contract, or occupancy involving Government prop3 erty under control of the Maritime Administration: Pro4 vided, That payments received therefor shall be credited to 

5 the appropriation charged with the cost thereof and shall 

6 remain available until expended: Provided further, That 

7 rental payments under any such lease, contract, or occu8 pancy for items other than such utilities, services, or repairs 

9 shall be covered into the Treasury as miscellaneous receipts. 

10 PIPELINE AND HAZARDOUS MATERIALS SAFETY

11 ADMINISTRATION

12 OPERATIONAL EXPENSES

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary operational expenses of the Pipeline and 

15 Hazardous Materials Safety Administration, $23,207,000: 

16 Provided, That no later than June 30, 2016, the Secretary 

17 of Transportation shall initiate a rulemaking to expand the 

18 applicability of comprehensive oil spill response plans, and 

19 shall issue a final rule no later than December 18, 2016: 

20 Provided further, That $1,500,000 shall be transferred to 

21 ‘‘Pipeline Safety’’ in order to fund ‘‘Pipeline Safety Infor22 mation Grants to Communities’’ as authorized under sec23 tion 60130 of title 49, United States Code. 


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1 HAZARDOUS MATERIALS SAFETY

2 For expenses necessary to discharge the hazardous ma3 terials safety functions of the Pipeline and Hazardous Ma4 terials Safety Administration, $57,619,000, of which 

5 $7,570,000 shall remain available until September 30, 

6 2019: Provided, That up to $800,000 in fees collected under 

7 49 U.S.C. 5108(g) shall be deposited in the general fund 

8 of the Treasury as offsetting receipts: Provided further, That 

9 there may be credited to this appropriation, to be available 

10 until expended, funds received from States, counties, mu11 nicipalities, other public authorities, and private sources 

12 for expenses incurred for training, for reports publication 

13 and dissemination, and for travel expenses incurred in per14 formance of hazardous materials exemptions and approvals 

15 functions. 

16 PIPELINE SAFETY

17 (PIPELINE SAFETY FUND)

18 (OIL SPILL LIABILITY TRUST FUND)

19 For expenses necessary to conduct the functions of the 

20 pipeline safety program, for grants-in-aid to carry out a 

21 pipeline safety program, as authorized by 49 U.S.C. 60107, 

22 and to discharge the pipeline program responsibilities of 

23 the Oil Pollution Act of 1990, $149,959,000, of which 

24 $20,288,000 shall be derived from the Oil Spill Liability 

25 Trust Fund and shall remain available until September 30, 


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1 2019; and of which $129,671,000 shall be derived from the 

2 Pipeline Safety Fund, of which $59,835,000 shall remain 

3 available until September 30, 2018: Provided, That not less 

4 than $1,058,000 of the funds provided under this heading 

5 shall be for the One-Call state grant program. 

6 EMERGENCY PREPAREDNESS GRANTS

7 (EMERGENCY PREPAREDNESS FUND)

8 Notwithstanding the fiscal year limitation specified in 

9 49 U.S.C. 5116, not more than $28,318,000 shall be made 

10 available for obligation in fiscal year 2017 from amounts 

11 made available by 49 U.S.C. 5116(h), and 5128(b) and (c): 

12 Provided further, That notwithstanding 49 U.S.C. 

13 5116(h)(4), not more than 4 percent of the amounts made 

14 available from this account shall be available to pay admin15 istrative costs: Provided further, That none of the funds 

16 made available by 49 U.S.C. 5116(h), 5128(b), or 5128(c) 

17 shall be made available for obligation by individuals other 

18 than the Secretary of Transportation, or his or her designee: 

19 Provided further, That notwithstanding 49 U.S.C. 5128(b) 

20 and (c) and the current year obligation limitation, prior 

21 year recoveries recognized in the current year shall be avail22 able to develop a hazardous materials response training 

23 curriculum for emergency responders, including response 

24 activities for the transportation of crude oil, ethanol and 

25 other flammable liquids by rail, consistent with National 


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1 Fire Protection Association standards, and to make such 

2 training available through an electronic format: Provided 

3 further, That the prior year recoveries made available under 

4 this heading shall also be available to carry out 49 U.S.C. 

5 5116(a)(1)(C) and 5116(i). 

6 OFFICE OF INSPECTOR GENERAL

7 SALARIES AND EXPENSES

8 For necessary expenses of the Office of the Inspector 

9 General to carry out the provisions of the Inspector General 

10 Act of 1978, as amended, $93,550,000: Provided, That the 

11 Inspector General shall have all necessary authority, in car12 rying out the duties specified in the Inspector General Act, 

13 as amended (5 U.S.C. App. 3), to investigate allegations 

14 of fraud, including false statements to the government (18 

15 U.S.C. 1001), by any person or entity that is subject to 

16 regulation by the Department of Transportation. 

17 GENERAL PROVISIONS—DEPARTMENT OF

18 TRANSPORTATION

19 SEC. 180. During the current fiscal year, applicable 

20 appropriations to the Department of Transportation shall 

21 be available for maintenance and operation of aircraft; hire 

22 of passenger motor vehicles and aircraft; purchase of liabil23 ity insurance for motor vehicles operating in foreign coun24 tries on official department business; and uniforms or alVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6203 E:\BILLS\H2577.PP H2577

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1 lowances therefor, as authorized by law (5 U.S.C. 5901– 

2 5902). 

3 SEC. 181. Appropriations contained in this Act for the 

4 Department of Transportation shall be available for services 

5 as authorized by 5 U.S.C. 3109, but at rates for individuals 

6 not to exceed the per diem rate equivalent to the rate for 

7 an Executive Level IV. 

8 SEC. 182. None of the funds in this Act shall be avail9 able for salaries and expenses of more than 110 political 

10 and Presidential appointees in the Department of Trans11 portation: Provided, That none of the personnel covered by 

12 this provision may be assigned on temporary detail outside 

13 the Department of Transportation. 

14 SEC. 183. (a) No recipient of funds made available in 

15 this Act shall disseminate personal information (as defined 

16 in 18 U.S.C. 2725(3)) obtained by a State department of 

17 motor vehicles in connection with a motor vehicle record 

18 as defined in 18 U.S.C. 2725(1), except as provided in 18 

19 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721. 

20 (b) Notwithstanding subsection (a), the Secretary shall 

21 not withhold funds provided in this Act for any grantee 

22 if a State is in noncompliance with this provision. 

23 SEC. 184. Funds received by the Federal Highway Ad24 ministration and Federal Railroad Administration from 

25 States, counties, municipalities, other public authorities, 


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1 and private sources for expenses incurred for training may 

2 be credited respectively to the Federal Highway Adminis3 tration’s ‘‘Federal-Aid Highways’’ account and to the Fed4 eral Railroad Administration’s ‘‘Safety and Operations’’ 

5 account, except for State rail safety inspectors participating 

6 in training pursuant to 49 U.S.C. 20105. 

7 SEC. 185. None of the funds in this Act to the Depart8 ment of Transportation may be used to make a loan, loan 

9 guarantee, line of credit, or grant unless the Secretary of 

10 Transportation notifies the House and Senate Committees 

11 on Appropriations not less than 3 full business days before 

12 any project competitively selected to receive a discretionary 

13 grant award, any discretionary grant award, letter of in14 tent, loan commitment, loan guarantee commitment, line 

15 of credit commitment, or full funding grant agreement. 

16 SEC. 186. Rebates, refunds, incentive payments, minor 

17 fees and other funds received by the Department of Trans18 portation from travel management centers, charge card pro19 grams, the subleasing of building space, and miscellaneous 

20 sources are to be credited to appropriations of the Depart21 ment of Transportation and allocated to elements of the De22 partment of Transportation using fair and equitable cri23 teria and such funds shall be available until expended. 

24 SEC. 187. Amounts made available in this or any other 

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1 ments by the Department of Transportation to a third2 party contractor under a financial assistance award, which 

3 are recovered pursuant to law, shall be available— 

4 (1) to reimburse the actual expenses incurred by 

5 the Department of Transportation in recovering im6 proper payments; and 

7 (2) to pay contractors for services provided in re8 covering improper payments or contractor support in 

9 the implementation of the Improper Payments Infor10 mation Act of 2002: Provided, That amounts in excess 

11 of that required for paragraphs (1) and (2)— 

12 (A) shall be credited to and merged with the 

13 appropriation from which the improper pay14 ments were made, and shall be available for the 

15 purposes and period for which such appropria16 tions are available: Provided further, That where 

17 specific project or accounting information associ18 ated with the improper payment or payments is 

19 not readily available, the Secretary may credit 

20 an appropriate account, which shall be available 

21 for the purposes and period associated with the 

22 account so credited; or 

23 (B) if no such appropriation remains avail24 able, shall be deposited in the Treasury as mis25 cellaneous receipts: Provided further, That prior 


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1 to the transfer of any such recovery to an appro2 priations account, the Secretary shall notify the 

3 House and Senate Committees on Appropria4 tions of the amount and reasons for such trans5 fer: Provided further, That for purposes of this 

6 section, the term ‘‘improper payments’’ has the 

7 same meaning as that provided in section 

8 2(d)(2) of Public Law 107–300. 

9 SEC. 188. Notwithstanding any other provision of law, 

10 if any funds provided in or limited by this Act are subject 

11 to a reprogramming action that requires notice to be pro12 vided to the House and Senate Committees on Appropria13 tions, transmission of said reprogramming notice shall be 

14 provided solely to the House and Senate Committees on Ap15 propriations, and said reprogramming action shall be ap16 proved or denied solely by the House and Senate Commit17 tees on Appropriations: Provided, That the Secretary of 

18 Transportation may provide notice to other congressional 

19 committees of the action of the House and Senate Commit20 tees on Appropriations on such reprogramming but not 

21 sooner than 30 days following the date on which the re22 programming action has been approved or denied by the 

23 House and Senate Committees on Appropriations. 

24 SEC. 189. Funds appropriated in this Act to the modal 

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1 retary for the costs related to assessments or reimbursable 

2 agreements only when such amounts are for the costs of 

3 goods and services that are purchased to provide a direct 

4 benefit to the applicable modal administration or adminis5 trations. 

6 SEC. 190. The Secretary of Transportation is author7 ized to carry out a program that establishes uniform stand8 ards for developing and supporting agency transit pass and 

9 transit benefits authorized under section 7905 of title 5, 

10 United States Code, including distribution of transit bene11 fits by various paper and electronic media. 

12 SEC. 191. The Department of Transportation may use 

13 funds provided by this Act, or any other Act, to assist a 

14 contract under title 49 U.S.C. or title 23 U.S.C. utilizing 

15 geographic, economic, or any other hiring preference not 

16 otherwise authorized by law, except for such preferences au17 thorized in this Act, or to amend a rule, regulation, policy 

18 or other measure that forbids a recipient of a Federal High19 way Administration or Federal Transit Administration 

20 grant from imposing such hiring preference on a contract 

21 or construction project with which the Department of 

22 Transportation is assisting, only if the grant recipient cer23 tifies the following: 

24 (1) that except with respect to apprentices or 

25 trainees, a pool of readily available but unemployed 


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1 individuals possessing the knowledge, skill, and abil2 ity to perform the work that the contract requires re3 sides in the jurisdiction; 

4 (2) that the grant recipient will include appro5 priate provisions in its bid document ensuring that 

6 the contractor does not displace any of its existing 

7 employees in order to satisfy such hiring preference; 

8 and 

9 (3) that any increase in the cost of labor, train10 ing, or delays resulting from the use of such hiring 

11 preference does not delay or displace any transpor12 tation project in the applicable Statewide Transpor13 tation Improvement Program or Transportation Im14 provement Program. 

15 This title may be cited as the ‘‘Department of Trans16 portation Appropriations Act, 2017’’. 

17 TITLE II 

18 DEPARTMENT OF HOUSING AND URBAN 

19 DEVELOPMENT 

20 MANAGEMENT AND ADMINISTRATION

21 EXECUTIVE OFFICES

22 For necessary salaries and expenses for Executive Of23 fices, which shall be comprised of the offices of the Secretary, 

24 Deputy Secretary, Adjudicatory Services, Congressional 

25 and Intergovernmental Relations, Public Affairs, Small 


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1 and Disadvantaged Business Utilization, the Departmental 

2 Enforcement Center, and the Center for Faith-Based and 

3 Neighborhood Partnerships, $30,608,000: Provided, That 

4 not to exceed $25,000 of the amount made available under 

5 this heading shall be available to the Secretary for official 

6 reception and representation expenses as the Secretary may 

7 determine. 

8 ADMINISTRATIVE SUPPORT OFFICES

9 For necessary salaries and expenses for Administrative 

10 Support Offices, $503,852,000, of which $53,451,000 shall 

11 be available for the Office of the Chief Financial Officer; 

12 $79,053,000 shall be available for the Office of the General 

13 Counsel; $202,823,000 shall be available for the Office of 

14 Administration; $41,641,000 shall be available for the Of15 fice of the Chief Human Capital Officer; $52,568,000 shall 

16 be available for the Office of Field Policy and Management; 

17 $19,130,000 shall be available for the Office of the Chief 

18 Procurement Officer; $3,891,000 shall be available for the 

19 Office of Departmental Equal Employment Opportunity; 

20 $5,147,000 shall be available for the Office of Strategic 

21 Planning and Management; and $46,148,000 shall be avail22 able for the Office of the Chief Information Officer: Pro23 vided, That funds provided under this heading may be used 

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1 ment, not otherwise provided for, including purchase of uni2 forms, or allowances therefor, as authorized by 5 U.S.C. 

3 5901–5902; hire of passenger motor vehicles; and services 

4 as authorized by 5 U.S.C. 3109: Provided further, That not5 withstanding any other provision of law, funds appro6 priated under this heading may be used for advertising and 

7 promotional activities that directly support program activi8 ties funded in this title: Provided further, That the Sec9 retary shall provide the House and Senate Committees on 

10 Appropriations quarterly written notification regarding the 

11 status of pending congressional reports: Provided further, 

12 That the Secretary shall provide in electronic form all 

13 signed reports required by Congress. 

14 PROGRAM OFFICE SALARIES AND EXPENSES

15 PUBLIC AND INDIAN HOUSING

16 For necessary salaries and expenses of the Office of 

17 Public and Indian Housing, $220,500,000. 

18 COMMUNITY PLANNING AND DEVELOPMENT

19 For necessary salaries and expenses of the Office of 

20 Community Planning and Development, $110,000,000. 

21 HOUSING

22 For necessary salaries and expenses of the Office of 

23 Housing, $393,000,000. 


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1 POLICY DEVELOPMENT AND RESEARCH

2 For necessary salaries and expenses of the Office of 

3 Policy Development and Research, $24,500,000. 

4 FAIR HOUSING AND EQUAL OPPORTUNITY

5 For necessary salaries and expenses of the Office of 

6 Fair Housing and Equal Opportunity, $74,235,000. 

7 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES

8 For necessary salaries and expenses of the Office of 

9 Lead Hazard Control and Healthy Homes, $8,075,000. 

10 WORKING CAPITAL FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 For the working capital fund for the Department of 

13 Housing and Urban Development (referred to in this para14 graph as the ‘‘Fund’’), pursuant, in part, to section 7(f) 

15 of the Department of Housing and Urban Development Act 

16 (42 U.S.C. 3535(f)), amounts transferred to the Fund under 

17 this heading shall be available for Federal shared services 

18 used by offices and agencies of the Department, and for such 

19 portion of any office or agency’s printing, records manage20 ment, space renovation, furniture, or supply services as the 

21 Secretary determines shall be derived from centralized 

22 sources made available by the Department to all offices and 

23 agencies and funded through the Fund: Provided, That of 

24 the amounts made available in this title for salaries and 

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1 trative Support Offices’’, ‘‘Program Office Salaries and Ex2 penses’’, and ‘‘Government National Mortgage Association’’, 

3 the Secretary shall transfer to the Fund such amounts, to 

4 remain available until expended, as are necessary to fund 

5 services, specified in the first proviso, for which the appro6 priation would otherwise have been available, and may 

7 transfer not to exceed an additional $10,000,000, in aggre8 gate, from all such appropriations, to be merged with the 

9 Fund and to remain available until expended for use for 

10 any office or agency: Provided further, That amounts in 

11 the Fund shall be the only amounts available to each office 

12 or agency of the Department for the services, or portion of 

13 services, specified in the first proviso: Provided further, 

14 That with respect to the Fund, the authorities and condi15 tions under this heading shall supplement the authorities 

16 and conditions provided under section 7(f). 

17 PUBLIC AND INDIAN HOUSING

18 TENANT-BASED RENTAL ASSISTANCE

19 For activities and assistance for the provision of ten20 ant-based rental assistance authorized under the United 

21 States Housing Act of 1937, as amended (42 U.S.C. 1437 

22 et seq.) (‘‘the Act’’ herein), not otherwise provided for, 

23 $16,431,696,000, to remain available until expended, shall 

24 be available on October 1, 2016 (in addition to the 

25 $4,000,000,000 previously appropriated under this heading 


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1 that shall be available on October 1, 2016), and 

2 $4,000,000,000, to remain available until expended, shall 

3 be available on October 1, 2017: Provided, That the 

4 amounts made available under this heading are provided 

5 as follows: 

6 (1) $18,355,000,000 shall be available for renew7 als of expiring section 8 tenant-based annual con8 tributions contracts (including renewals of enhanced 

9 vouchers under any provision of law authorizing such 

10 assistance under section 8(t) of the Act) and includ11 ing renewal of other special purpose incremental 

12 vouchers: Provided, That notwithstanding any other 

13 provision of law, from amounts provided under this 

14 paragraph and any carryover, the Secretary for the 

15 calendar year 2017 funding cycle shall provide re16 newal funding for each public housing agency based 

17 on validated voucher management system (VMS) leas18 ing and cost data for the prior calendar year and by 

19 applying an inflation factor as established by the Sec20 retary, by notice published in the Federal Register, 

21 and by making any necessary adjustments for the 

22 costs associated with the first-time renewal of vouch23 ers under this paragraph including tenant protection, 

24 HOPE VI, and Choice Neighborhoods vouchers: Pro25 vided further, That none of the funds provided under 


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1 this paragraph may be used to fund a total number 

2 of unit months under lease which exceeds a public 

3 housing agency’s authorized level of units under con4 tract, except for public housing agencies participating 

5 in the MTW demonstration, which are instead gov6 erned by the terms and conditions of their MTW 

7 agreements: Provided further, That the Secretary 

8 shall, to the extent necessary to stay within the 

9 amount specified under this paragraph (except as oth10 erwise modified under this paragraph), prorate each 

11 public housing agency’s allocation otherwise estab12 lished pursuant to this paragraph: Provided further, 

13 That except as provided in the following provisos, the 

14 entire amount specified under this paragraph (except 

15 as otherwise modified under this paragraph) shall be 

16 obligated to the public housing agencies based on the 

17 allocation and pro rata method described above, and 

18 the Secretary shall notify public housing agencies of 

19 their annual budget by the latter of 60 days after en20 actment of this Act or March 1, 2017: Provided fur21 ther, That the Secretary may extend the notification 

22 period with the prior written approval of the House 

23 and Senate Committees on Appropriations: Provided 

24 further, That public housing agencies participating in 

25 the MTW demonstration shall be funded pursuant to 


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1 their MTW agreements and shall be subject to the 

2 same pro rata adjustments under the previous pro3 visos: Provided further, That the Secretary may offset 

4 public housing agencies’ calendar year 2017 alloca5 tions based on the excess amounts of public housing 

6 agencies’ net restricted assets accounts, including 

7 HUD held programmatic reserves (in accordance with 

8 VMS data in calendar year 2016 that is verifiable 

9 and complete), as determined by the Secretary: Pro10 vided further, That public housing agencies partici11 pating in the MTW demonstration shall also be sub12 ject to the offset, as determined by the Secretary, ex13 cluding amounts subject to the single fund budget au14 thority provisions of their MTW agreements, from the 

15 agencies’ calendar year 2017 MTW funding alloca16 tion: Provided further, That the Secretary shall use 

17 any offset referred to in the previous two provisos 

18 throughout the calendar year to prevent the termi19 nation of rental assistance for families as the result 

20 of insufficient funding, as determined by the Sec21 retary, and to avoid or reduce the proration of re22 newal funding allocations: Provided further, That up 

23 to $75,000,000 shall be available only: (1) for adjust24 ments in the allocations for public housing agencies, 

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1 ing agency that experienced a significant increase, as 

2 determined by the Secretary, in renewal costs of 

3 vouchers resulting from unforeseen circumstances or 

4 from portability under section 8(r) of the Act; (2) for 

5 vouchers that were not in use during the previous 12- 

6 month period in order to be available to meet a com7 mitment pursuant to section 8(o)(13) of the Act; (3) 

8 for adjustments for costs associated with HUD-Vet9 erans Affairs Supportive Housing (HUD–VASH) 

10 vouchers; and (4) for public housing agencies that de11 spite taking reasonable cost savings measures, as de12 termined by the Secretary, would otherwise be re13 quired to terminate rental assistance for families as 

14 a result of insufficient funding: Provided further, 

15 That the Secretary shall allocate amounts under the 

16 previous proviso based on need, as determined by the 

17 Secretary; 

18 (2) $110,000,000 shall be for section 8 rental as19 sistance for relocation and replacement of housing 

20 units that are demolished or disposed of pursuant to 

21 section 18 of the Act, conversion of section 23 projects 

22 to assistance under section 8, the family unification 

23 program under section 8(x) of the Act, relocation of 

24 witnesses in connection with efforts to combat crime 

25 in public and assisted housing pursuant to a request 


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1 from a law enforcement or prosecution agency, en2 hanced vouchers under any provision of law author3 izing such assistance under section 8(t) of the Act, 

4 HOPE VI and Choice Neighborhood vouchers, manda5 tory and voluntary conversions, and tenant protection 

6 assistance including replacement and relocation as7 sistance or for project-based assistance to prevent the 

8 displacement of unassisted elderly tenants currently 

9 residing in section 202 properties financed between 

10 1959 and 1974 that are refinanced pursuant to Pub11 lic Law 106–569, as amended, or under the authority 

12 as provided under this Act: Provided, That when a 

13 public housing development is submitted for demoli14 tion or disposition under section 18 of the Act, the 

15 Secretary may provide section 8 rental assistance 

16 when the units pose an imminent health and safety 

17 risk to residents: Provided further, That the Secretary 

18 may provide section 8 rental assistance from amounts 

19 made available under this paragraph for units as20 sisted under a project-based subsidy contract funded 

21 under the ‘‘Project-Based Rental Assistance’’ heading 

22 under this title where the owner has received a Notice 

23 of Default and the units pose an imminent health and 

24 safety risk to residents: Provided further, That to the 

25 extent that the Secretary determines that such units 


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1 are not feasible for continued rental assistance pay2 ments or transfer of the subsidy contract associated 

3 with such units to another project or projects and 

4 owner or owners, any remaining amounts associated 

5 with such units under such contract shall be recap6 tured and used to reimburse amounts used under this 

7 paragraph for rental assistance under the preceding 

8 proviso: Provided further, That the Secretary may 

9 only provide replacement vouchers for units that were 

10 occupied within the previous 24 months that cease to 

11 be available as assisted housing, subject only to the 

12 availability of funds: Provided further, That any ten13 ant protection voucher made available from amounts 

14 under this paragraph shall not be reissued by any 

15 public housing agency, except the replacement vouch16 ers as defined by the Secretary by notice, when the 

17 initial family that received any such voucher no 

18 longer receives such voucher, and the authority for 

19 any public housing agency to issue any such voucher 

20 shall cease to exist; 

21 (3) $1,768,696,000 shall be for administrative 

22 and other expenses of public housing agencies in ad23 ministering the section 8 tenant-based rental assist24 ance program, of which up to $10,000,000 shall be 

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1 ing agencies that need additional funds to administer 

2 their section 8 programs, including fees associated 

3 with section 8 tenant protection rental assistance, the 

4 administration of disaster related vouchers, Veterans 

5 Affairs Supportive Housing vouchers, and other spe6 cial purpose incremental vouchers: Provided, That no 

7 less than $1,758,696,000 of the amount provided in 

8 this paragraph shall be allocated to public housing 

9 agencies for the calendar year 2017 funding cycle 

10 based on section 8(q) of the Act (and related Appro11 priation Act provisions) as in effect immediately be12 fore the enactment of the Quality Housing and Work 

13 Responsibility Act of 1998 (Public Law 105–276): 

14 Provided further, That if the amounts made available 

15 under this paragraph are insufficient to pay the 

16 amounts determined under the previous proviso, the 

17 Secretary may decrease the amounts allocated to 

18 agencies by a uniform percentage applicable to all 

19 agencies receiving funding under this paragraph or 

20 may, to the extent necessary to provide full payment 

21 of amounts determined under the previous proviso, 

22 utilize unobligated balances, including recaptures and 

23 carryovers, remaining from funds appropriated to the 

24 Department of Housing and Urban Development 

25 under this heading from prior fiscal years, excluding 


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1 special purpose vouchers, notwithstanding the pur2 poses for which such amounts were appropriated: Pro3 vided further, That all public housing agencies par4 ticipating in the MTW demonstration shall be funded 

5 pursuant to their MTW agreements, and shall be sub6 ject to the same uniform percentage decrease as under 

7 the previous proviso: Provided further, That amounts 

8 provided under this paragraph shall be only for ac9 tivities related to the provision of tenant-based rental 

10 assistance authorized under section 8, including re11 lated development activities; 

12 (4) $110,000,000 for the renewal of tenant-based 

13 assistance contracts under section 811 of the Cran14 ston-Gonzalez National Affordable Housing Act (42 

15 U.S.C. 8013), including necessary administrative ex16 penses: Provided, That administrative and other ex17 penses of public housing agencies in administering 

18 the special purpose vouchers in this paragraph shall 

19 be funded under the same terms and be subject to the 

20 same pro rata reduction as the percent decrease for 

21 administrative and other expenses to public housing 

22 agencies under paragraph (3) of this heading; 

23 (5) $7,000,000 shall be for rental assistance and 

24 associated administrative fees for Tribal HUD–VA 

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1 erans that are homeless or at-risk of homelessness liv2 ing on or near a reservation or other Indian areas: 

3 Provided, That such amount shall be made available 

4 for renewal grants to the recipients that received as5 sistance under the rental assistance and supportive 

6 housing demonstration program for Native American 

7 veterans authorized under the heading ‘‘Tenant-Based 

8 Rental Assistance’’ in title II of division K of the 

9 Consolidated and Further Continuing Appropriations 

10 Act, 2015 (Public Law 113–235, 128 Stat. 2733): 

11 Provided further, That the Secretary shall be author12 ized to specify criteria for renewal grants, including 

13 data on the utilization of assistance reported by grant 

14 recipients under the demonstration program: Pro15 vided further, That any amounts remaining after 

16 such renewal assistance is awarded may be available 

17 for new grants to recipients eligible to receive block 

18 grants under the Native American Housing Assist19 ance and Self-Determination Act of 1996 (25 U.S.C. 

20 section 4101 et seq.) for rental assistance and associ21 ated administrative fees for Tribal HUD–VA Sup22 portive Housing to serve Native American veterans 

23 that are homeless or at-risk of homelessness living on 

24 or near a reservation or other Indian areas: Provided 

25 further, That funds shall be awarded based on need 


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1 and administrative capacity established by the Sec2 retary in a Notice published in the Federal Register 

3 after coordination with the Secretary of the Depart4 ment of Veterans Affairs: Provided further, That re5 newal grants and new grants under this paragraph 

6 shall be administered by block grant recipients in ac7 cordance with program requirements under the Native 

8 American Housing Assistance and Self-Determination 

9 Act of 1996: Provided further, That assistance under 

10 this paragraph shall be modeled after, with necessary 

11 and appropriate adjustments for Native American 

12 grant recipients and veterans, the rental assistance 

13 and supportive housing program known as HUD– 

14 VASH program, including administration in con15 junction with the Department of Veterans Affairs and 

16 overall implementation of section 8(o)(19) of the 

17 United States Housing Act of 1937: Provided further, 

18 That the Secretary of Housing and Urban Develop19 ment may waive, or specify alternative requirements 

20 for any provision of any statute or regulation that the 

21 Secretary of Housing and Urban Development ad22 ministers in connection with the use of funds made 

23 available under this paragraph (except for require24 ments related to fair housing, nondiscrimination, 

25 labor stands, and the environment), upon a finding 


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1 by the Secretary that any such waivers or alternative 

2 requirements are necessary for the effective delivery 

3 and administration of such assistance: Provided fur4 ther, That grant recipients shall report to the Sec5 retary on utilization of such rental assistance and 

6 other program data, as prescribed by the Secretary; 

7 (6) $50,000,000 for incremental rental voucher 

8 assistance for use through a supported housing pro9 gram administered in conjunction with the Depart10 ment of Veterans Affairs as authorized under section 

11 8(o)(19) of the United States Housing Act of 1937: 

12 Provided, That the Secretary of Housing and Urban 

13 Development shall make such funding available, not14 withstanding section 204 (competition provision) of 

15 this title, to public housing agencies that partner with 

16 eligible VA Medical Centers or other entities as des17 ignated by the Secretary of the Department of Vet18 erans Affairs, based on geographical need for such as19 sistance as identified by the Secretary of the Depart20 ment of Veterans Affairs, public housing agency ad21 ministrative performance, and other factors as speci22 fied by the Secretary of Housing and Urban Develop23 ment in consultation with the Secretary of the De24 partment of Veterans Affairs: Provided further, That 

25 the Secretary of Housing and Urban Development 


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1 may waive, or specify alternative requirements for (in 

2 consultation with the Secretary of the Department of 

3 Veterans Affairs), any provision of any statute or reg4 ulation that the Secretary of Housing and Urban De5 velopment administers in connection with the use of 

6 funds made available under this paragraph (except 

7 for requirements related to fair housing, non8 discrimination, labor standards, and the environ9 ment), upon a finding by the Secretary that any such 

10 waivers or alternative requirements are necessary for 

11 the effective delivery and administration of such 

12 voucher assistance: Provided further, That assistance 

13 made available under this paragraph shall continue 

14 to remain available for homeless veterans upon turn15 over; 

16 (7) $20,000,000 shall be made available for new 

17 incremental voucher assistance through the family 

18 unification program as authorized by section 8(x) of 

19 the Act: Provided, That the assistance made available 

20 under this paragraph shall continue to remain avail21 able for family unification upon turnover: Provided 

22 further, That for any public housing agency admin23 istering voucher assistance appropriated in a prior 

24 Act under the family unification program that deter25 mines that it no longer has an identified need for 


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1 such assistance upon turnover, such agency shall no2 tify the Secretary, and the Secretary shall recapture 

3 such assistance from the agency and reallocate it to 

4 any other public housing agency or agencies based on 

5 need for voucher assistance in connection with such 

6 program; 

7 (8) $11,000,000 shall be made available for the 

8 housing choice voucher mobility demonstration au9 thorized under section 243 of this title; and 

10 (9) the Secretary shall separately track all spe11 cial purpose vouchers funded under this heading. 

12 HOUSING CERTIFICATE FUND

13 (INCLUDING RESCISSIONS)

14 Unobligated balances, including recaptures and carry15 over, remaining from funds appropriated to the Depart16 ment of Housing and Urban Development under this head17 ing, the heading ‘‘Annual Contributions for Assisted Hous18 ing’’ and the heading ‘‘Project-Based Rental Assistance’’, 

19 for fiscal year 2017 and prior years may be used for re20 newal of or amendments to section 8 project-based contracts 

21 and for performance-based contract administrators, not22 withstanding the purposes for which such funds were appro23 priated: Provided, That any obligated balances of contract 

24 authority from fiscal year 1974 and prior that have been 

25 terminated shall be rescinded: Provided further, That 


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1 amounts heretofore recaptured, or recaptured during the 

2 current fiscal year, from section 8 project-based contracts 

3 from source years fiscal year 1975 through fiscal year 1987 

4 are hereby rescinded, and an amount of additional new 

5 budget authority, equivalent to the amount rescinded is 

6 hereby appropriated, to remain available until expended, 

7 for the purposes set forth under this heading, in addition 

8 to amounts otherwise available. 

9 PUBLIC HOUSING CAPITAL FUND

10 For the Public Housing Capital Fund Program to 

11 carry out capital and management activities for public 

12 housing agencies, as authorized under section 9 of the 

13 United States Housing Act of 1937 (42 U.S.C. 1437g) (the 

14 ‘‘Act’’) $1,925,000,000, to remain available until September 

15 30, 2020: Provided, That notwithstanding any other provi16 sion of law or regulation, during fiscal year 2017, the Sec17 retary of Housing and Urban Development may not dele18 gate to any Department official other than the Deputy Sec19 retary and the Assistant Secretary for Public and Indian 

20 Housing any authority under paragraph (2) of section 9(j) 

21 regarding the extension of the time periods under such sec22 tion: Provided further, That for purposes of such section 

23 9(j), the term ‘‘obligate’’ means, with respect to amounts, 

24 that the amounts are subject to a binding agreement that 

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1 vided further, That up to $10,000,000 shall be to support 

2 ongoing public housing financial and physical assessment 

3 activities: Provided further, That up to $1,000,000 shall be 

4 to support the costs of administrative and judicial receiver5 ships: Provided further, That of the total amount provided 

6 under this heading, not to exceed $21,500,000 shall be avail7 able for the Secretary to make grants, notwithstanding sec8 tion 204 of this Act, to public housing agencies for emer9 gency capital needs including safety and security measures 

10 necessary to address crime and drug-related activity as well 

11 as needs resulting from unforeseen or unpreventable emer12 gencies and natural disasters excluding Presidentially de13 clared emergencies and natural disasters under the Robert 

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

15 5121 et seq.) occurring in fiscal year 2017: Provided fur16 ther, That of the amount made available under the previous 

17 proviso, not less than $5,000,000 shall be for safety and se18 curity measures: Provided further, That in addition to the 

19 amount in the previous proviso for such safety and security 

20 measures, any amounts that remain available, after all ap21 plications received on or before September 30, 2018, for 

22 emergency capital needs have been processed, shall be allo23 cated to public housing agencies for such safety and security 

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1 portive services, service coordinator and congregate services 

2 as authorized by section 34 of the Act (42 U.S.C. 1437z– 

3 6) and the Native American Housing Assistance and Self4 Determination Act of 1996 (25 U.S.C. 4101 et seq.): Pro5 vided further, That of the total amount made available 

6 under this heading, $15,000,000 shall be for a Jobs-Plus 

7 initiative modeled after the Jobs-Plus demonstration: Pro8 vided further, That the funding provided under the previous 

9 proviso shall provide competitive grants to partnerships be10 tween public housing authorities, local workforce investment 

11 boards established under section 117 of the Workforce In12 vestment Act of 1998, and other agencies and organizations 

13 that provide support to help public housing residents obtain 

14 employment and increase earnings: Provided further, That 

15 applicants must demonstrate the ability to provide services 

16 to residents, partner with workforce investment boards, and 

17 leverage service dollars: Provided further, That the Sec18 retary may allow public housing agencies to request exemp19 tions from rent and income limitation requirements under 

20 sections 3 and 6 of the United States Housing Act of 1937 

21 as necessary to implement the Jobs-Plus program, on such 

22 terms and conditions as the Secretary may approve upon 

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1 gram for residents: Provided further, That the Secretary 

2 shall publish by notice in the Federal Register any waivers 

3 or alternative requirements pursuant to the preceding pro4 viso no later than 10 days before the effective date of such 

5 notice: Provided further, That for funds provided under this 

6 heading, the limitation in section 9(g)(1) of the Act shall 

7 be 25 percent: Provided further, That the Secretary may 

8 waive the limitation in the previous proviso to allow public 

9 housing agencies to fund activities authorized under section 

10 9(e)(1)(C) of the Act: Provided further, That the Secretary 

11 shall notify public housing agencies requesting waivers 

12 under the previous proviso if the request is approved or de13 nied within 14 days of submitting the request: Provided fur14 ther, That from the funds made available under this head15 ing, the Secretary shall provide bonus awards in fiscal year 

16 2017 to public housing agencies that are designated high 

17 performers: Provided further, That the Department shall 

18 notify public housing agencies of their formula allocation 

19 within 60 days of enactment of this Act: Provided further, 

20 That of the total amount provided under this heading, 

21 $25,000,000 shall be available for competitive grants to 

22 public housing agencies to evaluate and reduce lead-based 

23 paint hazards in public housing by carrying out the activi24 ties of risk assessments, abatement, and interim controls (as 

25 those terms are defined in section 1004 of the Residential 


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1 Lead-Based Paint Hazard Reduction Act of 1992 (42 

2 U.S.C. 4851b)): Provided further, That for purposes of envi3 ronmental review, a grant under the previous proviso shall 

4 be considered funds for projects or activities under title I 

5 of the United States Housing Act of 1937 (42 U.S.C. 1437 

6 et seq.) for purposes of section 26 of such Act (42 U.S.C. 

7 1437x) and shall be subject to the regulations implementing 

8 such section. 

9 PUBLIC HOUSING OPERATING FUND

10 For 2017 payments to public housing agencies for the 

11 operation and management of public housing, as authorized 

12 by section 9(e) of the United States Housing Act of 1937 

13 (42 U.S.C. 1437g(e)), $4,675,000,000, to remain available 

14 until September 30, 2018. 

15 CHOICE NEIGHBORHOODS INITIATIVE

16 For competitive grants under the Choice Neighborhoods 

17 Initiative (subject to section 24 of the United States Hous18 ing Act of 1937 (42 U.S.C. 1437v), unless otherwise speci19 fied under this heading), for transformation, rehabilitation, 

20 and replacement housing needs of both public and HUD21 assisted housing and to transform neighborhoods of poverty 

22 into functioning, sustainable mixed income neighborhoods 

23 with appropriate services, schools, public assets, transpor24 tation and access to jobs, $80,000,000, to remain available 

25 until September 30, 2019: Provided, That grant funds may 


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1 be used for resident and community services, community 

2 development, and affordable housing needs in the commu3 nity, and for conversion of vacant or foreclosed properties 

4 to affordable housing: Provided further, That the use of 

5 funds made available under this heading shall not be 

6 deemed to be public housing notwithstanding section 3(b)(1) 

7 of such Act: Provided further, That grantees shall commit 

8 to an additional period of affordability determined by the 

9 Secretary of not fewer than 20 years: Provided further, That 

10 grantees shall provide a match in State, local, other Federal 

11 or private funds: Provided further, That grantees may in12 clude local governments, tribal entities, public housing au13 thorities, and nonprofits: Provided further, That for-profit 

14 developers may apply jointly with a public entity: Provided 

15 further, That for purposes of environmental review, a grant16 ee shall be treated as a public housing agency under section 

17 26 of the United States Housing Act of 1937 (42 U.S.C. 

18 1437x), and grants under this heading shall be subject to 

19 the regulations issued by the Secretary to implement such 

20 section: Provided further, That of the amount provided, not 

21 less than $48,000,000 shall be awarded to public housing 

22 agencies: Provided further, That such grantees shall create 

23 partnerships with other local organizations including as24 sisted housing owners, service agencies, and resident organi25 zations: Provided further, That no more than $5,000,000 


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1 of funds made available under this heading may be pro2 vided as grants to undertake comprehensive local planning 

3 with input from residents and the community: Provided 

4 further, That unobligated balances, including recaptures, 

5 remaining from funds appropriated under the heading ‘‘Re6 vitalization of Severely Distressed Public Housing (HOPE 

7 VI)’’ in fiscal year 2011 and prior fiscal years may be used 

8 for purposes under this heading, notwithstanding the pur9 poses for which such amounts were appropriated: Provided 

10 further, That implementation grants awarded under this 

11 heading may only be awarded to grantees that have pre12 viously been awarded planning grants. 

13 FAMILY SELF-SUFFICIENCY

14 For the Family Self-Sufficiency program to support 

15 family self-sufficiency coordinators under section 23 of the 

16 United States Housing Act of 1937, to promote the develop17 ment of local strategies to coordinate the use of assistance 

18 under sections 8(o) and 9 of such Act with public and pri19 vate resources, and enable eligible families to achieve eco20 nomic independence and self-sufficiency, $75,000,000, to re21 main available until September 30, 2018: Provided, That 

22 the Secretary may, by Federal Register notice, waive or 

23 specify alternative requirements under sections b(3), b(4), 

24 b(5), or c(1) of section 23 of such Act in order to facilitate 

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1 viduals receiving assistance under different provisions of 

2 the Act, as determined by the Secretary: Provided further, 

3 That owners of a privately owned multifamily property 

4 with a section 8 contract may voluntarily make a Family 

5 Self-Sufficiency program available to the assisted tenants 

6 of such property in accordance with procedures established 

7 by the Secretary: Provided further, That such procedures 

8 established pursuant to the previous proviso shall permit 

9 participating tenants to accrue escrow funds in accordance 

10 with section 23(d)(2) and shall allow owners to use funding 

11 from residual receipt accounts to hire coordinators for their 

12 own Family Self-Sufficiency program. 

13 INDIAN BLOCK GRANTS

14 For activities and assistance authorized under title I 

15 of the Native American Housing Assistance and Self-Deter16 mination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et 

17 seq.), title I of the Housing and Community Development 

18 Act of 1974 with respect to Indian tribes (42 U.S.C. 

19 5306(a)(1)), and related technical assistance, $714,000,000, 

20 to remain available until September 30, 2021: Provided, 

21 That the amounts made available under this heading are 

22 provided as follows: 

23 (1) $646,500,000 shall be available for the In24 dian Housing Block Grant program, as authorized 

25 under title I of NAHASDA: Provided, That, notwithVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00268 Fmt 6652 Sfmt 6203 E:\BILLS\H2577.PP H2577

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1 standing NAHASDA, to determine the amount of the 

2 allocation under title I of such Act for each Indian 

3 tribe, the Secretary shall apply the formula under sec4 tion 302 of such Act with the need component based 

5 on single-race census data and with the need compo6 nent based on multi-race census data, and the amount 

7 of the allocation for each Indian tribe shall be the 

8 greater of the two resulting allocation amounts: Pro9 vided further, That notwithstanding section 302(d) of 

10 NAHASDA, if on January 1, 2017, a recipient’s total 

11 amount of undisbursed block grant funds in the De12 partment’s line of credit control system is greater 

13 than three times the formula allocation it would oth14 erwise receive under the first proviso under this para15 graph, the Secretary shall adjust that recipient’s for16 mula allocation down by the difference between its 

17 total amount of undisbursed block grant funds in the 

18 Department’s line of credit control system on Janu19 ary 1, 2017, and three times the formula allocation 

20 it would otherwise receive: Provided further, That not21 withstanding the previous two provisos, no Indian 

22 tribe shall receive an allocation amount greater than 

23 10 percent of the total amount made available under 

24 this paragraph: Provided further, That grant 

25 amounts not allocated to a recipient pursuant to the 


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1 previous two provisos shall be allocated under the 

2 need component of the formula proportionately among 

3 all other Indian tribes not subject to an adjustment 

4 under such provisos: Provided further, That the sec5 ond and third provisos shall not apply to any Indian 

6 tribe that would otherwise receive a formula alloca7 tion of less than $8,000,000: Provided further, That to 

8 take effect, the four previous provisos do not require 

9 issuance or amendment of any regulation, and shall 

10 not be construed to confer hearing rights under any 

11 section of NAHASDA or its implementing regula12 tions: Provided further, That the Department will no13 tify grantees of their formula allocation within 60 

14 days of the date of enactment of this Act; 

15 (2) $2,000,000 shall be made available for the 

16 cost of guaranteed notes and other obligations, as au17 thorized by title VI of NAHASDA: Provided, That 

18 such costs, including the costs of modifying such notes 

19 and other obligations, shall be as defined in section 

20 502 of the Congressional Budget Act of 1974, as 

21 amended: Provided further, That these funds are 

22 available to subsidize the total principal amount of 

23 any notes and other obligations, any part of which is 

24 to be guaranteed, not to exceed $17,857,142 to remain 

25 available until September 30, 2021; 


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1 (3) $60,000,000 shall be for grants to Indian 

2 tribes for carrying out the Community Development 

3 Block Grant program as authorized under title I of 

4 the Housing and Community Development Act of 

5 1974, notwithstanding section 106(a)(1) of such Act, 

6 of which, up to $4,000,000 may be used for emer7 gencies that constitute imminent threats to health and 

8 safety notwithstanding any other provision of law 

9 (including section 204 of this title) and, notwith10 standing title I of that Act (42 U.S.C. 5301 et seq.), 

11 eligible Indian tribes may use funds made available 

12 under this paragraph for the construction of housing 

13 for law enforcement, health care, educational, tech14 nical, and other skilled workers: Provided, That not 

15 to exceed 20 percent of any grant made with funds 

16 appropriated under this paragraph shall be expended 

17 for planning and management development and ad18 ministration; and 

19 (4) $5,500,000 shall be to support the inspection 

20 of Indian housing units, contract expertise, training, 

21 and technical assistance needs in Indian country re22 lated to funding provided under this heading. 


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1 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

2 ACCOUNT

3 For the cost of guaranteed loans, as authorized by sec4 tion 184 of the Housing and Community Development Act 

5 of 1992 (12 U.S.C. 1715z–13a), $5,500,000, to remain 

6 available until expended: Provided, That such costs, includ7 ing the costs of modifying such loans, shall be as defined 

8 in section 502 of the Congressional Budget Act of 1974: Pro9 vided further, That these funds are available to subsidize 

10 total loan principal, any part of which is to be guaranteed, 

11 up to $1,341,463,415, to remain available until expended: 

12 Provided further, That up to $750,000 of this amount may 

13 be for administrative contract expenses including manage14 ment processes and systems to carry out the loan guarantee 

15 program: Provided further, That an additional $1,000,000 

16 shall be available until expended for such costs of guaran17 teed loans authorized under such section 184 issued to tribes 

18 and Indian housing authorities for the construction of rent19 al housing for law enforcement, healthcare, educational, 

20 technical and other skilled workers: Provided further, That 

21 the funds specified in the previous proviso are available to 

22 subsidize total loan principal, any part of which is to be 

23 guaranteed, up to $243,902,439 to remain available until 

24 expended: Provided further, That the Secretary may specify 

25 any additional program requirements with respect to the 


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1 previous two provisos through publication of a Mortgagee 

2 Letter or Notice. 

3 NATIVE HAWAIIAN HOUSING BLOCK GRANT

4 For the Native Hawaiian Housing Block Grant pro5 gram, as authorized under title VIII of the Native American 

6 Housing Assistance and Self-Determination Act of 1996 (25 

7 U.S.C. 4111 et seq.), $5,000,000, to remain available until 

8 September 30, 2021. 

9 COMMUNITY PLANNING AND DEVELOPMENT

10 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

11 For carrying out the Housing Opportunities for Per12 sons with AIDS program, as authorized by the AIDS Hous13 ing Opportunity Act (42 U.S.C. 12901 et seq.), 

14 $335,000,000, to remain available until September 30, 

15 2018, except that amounts allocated pursuant to section 

16 854(c)(3) of such Act shall remain available until Sep17 tember 30, 2019: Provided, That the Secretary shall renew 

18 all expiring contracts for permanent supportive housing 

19 that initially were funded under section 854(c)(3) of such 

20 Act from funds made available under this heading in fiscal 

21 year 2010 and prior fiscal years that meet all program re22 quirements before awarding funds for new contracts under 

23 such section: Provided further, That notwithstanding sec24 tion 854(c)(1) of such Act or any implementing regulation, 

25 the Secretary shall allocate 90 percent of the funds by forVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6203 E:\BILLS\H2577.PP H2577

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1 mula, of which 75 percent shall be among cities that are 

2 the most populous unit of general local government in a 

3 metropolitan statistical area with a population greater 

4 than 500,000 and have more than 2,000 persons living with 

5 the human immunodeficiency virus (HIV) or AIDS, and 

6 States with more than 2,000 persons living with HIV or 

7 AIDS outside of metropolitan statistical areas, as reported 

8 to and confirmed by the Director of the Centers for Disease 

9 Control and Prevention (CDC) as of December 31 of the 

10 most recent calendar year for which such data is available, 

11 and of which 25 percent shall be among such eligible States 

12 and cities that are the most populous unit of general local 

13 government in a metropolitan statistical area based on fair 

14 market rents and area poverty indexes, as determined by 

15 the Secretary: Provided further, That a grantee’s share shall 

16 not reflect a loss greater than 5 percent or a gain greater 

17 than 10 percent of the share of total available formula funds 

18 that the grantee received in the preceding fiscal year: Pro19 vided further, That any grantee that received a formula al20 location in fiscal year 2016 shall continue to be eligible for 

21 formula allocation in this fiscal year: Provided further, 

22 That the Department shall notify grantees of their formula 

23 allocation within 60 days of enactment of this Act. 


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1 COMMUNITY DEVELOPMENT FUND

2 For assistance to units of State and local government, 

3 and to other entities, for economic and community develop4 ment activities, and for other purposes, $3,000,000,000, to 

5 remain available until September 30, 2019, unless otherwise 

6 specified: Provided, That of the total amount provided, 

7 $3,000,000,000 is for carrying out the community develop8 ment block grant program under title I of the Housing and 

9 Community Development Act of 1974, as amended (‘‘the 

10 Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, 

11 That unless explicitly provided for under this heading, not 

12 to exceed 20 percent of any grant made with funds appro13 priated under this heading shall be expended for planning 

14 and management development and administration: Pro15 vided further, That a metropolitan city, urban county, unit 

16 of general local government, or Indian tribe, or insular area 

17 that directly or indirectly receives funds under this heading 

18 may not sell, trade, or otherwise transfer all or any portion 

19 of such funds to another such entity in exchange for any 

20 other funds, credits or non-Federal considerations, but must 

21 use such funds for activities eligible under title I of the Act: 

22 Provided further, That notwithstanding section 105(e)(1) of 

23 the Act, no funds provided under this heading may be pro24 vided to a for-profit entity for an economic development 

25 project under section 105(a)(17) unless such project has 


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1 been evaluated and selected in accordance with guidelines 

2 required under subparagraph (e)(2): Provided further, That 

3 the Department shall notify grantees of their formula allo4 cation within 60 days of enactment of this Act. 

5 COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM

6 ACCOUNT

7 Subject to section 502 of the Congressional Budget Act 

8 of 1974, during fiscal year 2017, commitments to guarantee 

9 loans under section 108 of the Housing and Community 

10 Development Act of 1974 (42 U.S.C. 5308), any part of 

11 which is guaranteed, shall not exceed a total principal 

12 amount of $300,000,000, notwithstanding any aggregate 

13 limitation on outstanding obligations guaranteed in sub14 section (k) of such section 108: Provided, That the Secretary 

15 shall collect fees from borrowers, notwithstanding subsection 

16 (m) of such section 108, to result in a credit subsidy cost 

17 of zero for guaranteeing such loans, and any such fees shall 

18 be collected in accordance with section 502(7) of the Con19 gressional Budget Act of 1974. 

20 HOME INVESTMENT PARTNERSHIPS PROGRAM

21 For the HOME Investment Partnerships program, as 

22 authorized under title II of the Cranston-Gonzalez National 

23 Affordable Housing Act, as amended, $950,000,000, to re24 main available until September 30, 2020: Provided, That 

25 notwithstanding the amount made available under this 


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1 heading, the threshold reduction requirements in sections 

2 216(10) and 217(b)(4) of such Act shall not apply to alloca3 tions of such amount: Provided further, That the require4 ments under provisos 2 through 6 under this heading for 

5 fiscal year 2012 and such requirements applicable pursuant 

6 to the ‘‘Full-Year Continuing Appropriations Act, 2013’’, 

7 shall not apply to any project to which funds were com8 mitted on or after August 23, 2013, but such projects shall 

9 instead be governed by the Final Rule titled ‘‘Home Invest10 ment Partnerships Program; Improving Performance and 

11 Accountability; Updating Property Standards’’ which be12 came effective on such date: Provided further, That the De13 partment shall notify grantees of their formula allocation 

14 within 60 days of enactment of this Act. 

15 SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY

16 PROGRAM

17 For the Self-Help and Assisted Homeownership Op18 portunity Program, as authorized under section 11 of the 

19 Housing Opportunity Program Extension Act of 1996, as 

20 amended, $50,000,000, to remain available until September 

21 30, 2019: Provided, That of the total amount provided 

22 under this heading, $10,000,000 shall be made available to 

23 the Self-Help and Assisted Homeownership Opportunity 

24 Program as authorized under section 11 of the Housing Op25 portunity Program Extension Act of 1996, as amended: 


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1 Provided further, That of the total amount provided under 

2 this heading, $35,000,000 shall be made available for the 

3 second, third, and fourth capacity building activities au4 thorized under section 4(a) of the HUD Demonstration Act 

5 of 1993 (42 U.S.C. 9816 note), of which not less than 

6 $5,000,000 shall be made available for rural capacity build7 ing activities: Provided further, That of the total amount 

8 provided under this heading, $5,000,000 shall be made 

9 available for capacity building by national rural housing 

10 organizations with experience assessing national rural con11 ditions and providing financing, training, technical assist12 ance, information, and research to local nonprofits, local 

13 governments and Indian Tribes serving high need rural 

14 communities: Provided further, That an additional 

15 $4,000,000, to remain available until expended, shall be for 

16 a program to rehabilitate and modify homes of disabled or 

17 low-income veterans as authorized under section 1079 of 

18 Public Law 113–291. 

19 HOMELESS ASSISTANCE GRANTS

20 For the emergency solutions grants program as author21 ized under subtitle B of title IV of the McKinney-Vento 

22 Homeless Assistance Act, as amended; the continuum of 

23 care program as authorized under subtitle C of title IV of 

24 such Act; and the rural housing stability assistance pro25 gram as authorized under subtitle D of title IV of such Act, 


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1 $2,330,000,000, to remain available until September 30, 

2 2019: Provided, That any rental assistance amounts that 

3 are recaptured under such continuum of care program shall 

4 remain available until expended: Provided further, That 

5 not less than $250,000,000 of the funds appropriated under 

6 this heading shall be available for such emergency solutions 

7 grants program: Provided further, That not less than 

8 $2,013,000,000 of the funds appropriated under this head9 ing shall be available for such continuum of care and rural 

10 housing stability assistance programs: Provided further, 

11 That up to $7,000,000 of the funds appropriated under this 

12 heading shall be available for the national homeless data 

13 analysis project: Provided further, That all funds awarded 

14 for supportive services under the continuum of care pro15 gram and the rural housing stability assistance program 

16 shall be matched by not less than 25 percent in cash or 

17 in kind by each grantee: Provided further, That for all 

18 match requirements applicable to funds made available 

19 under this heading for this fiscal year and prior years, a 

20 grantee may use (or could have used) as a source of match 

21 funds other funds administered by the Secretary and other 

22 Federal agencies unless there is (or was) a specific statutory 

23 prohibition on any such use of any such funds: Provided 

24 further, That none of the funds provided under this heading 

25 shall be available to provide funding for new projects, except 


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1 for projects created through reallocation, unless the Sec2 retary determines that the continuum of care has dem3 onstrated that projects are evaluated and ranked based on 

4 the degree to which they improve the continuum of care’s 

5 system performance: Provided further, That the Secretary 

6 shall prioritize funding under the continuum of care pro7 gram to continuums of care that have demonstrated a ca8 pacity to reallocate funding from lower performing projects 

9 to higher performing projects: Provided further, That any 

10 unobligated amounts remaining from funds appropriated 

11 under this heading in fiscal year 2012 and prior years for 

12 project-based rental assistance for rehabilitation projects 

13 with 10-year grant terms may be used for purposes under 

14 this heading, notwithstanding the purposes for which such 

15 funds were appropriated: Provided further, That all bal16 ances for Shelter Plus Care renewals previously funded from 

17 the Shelter Plus Care Renewal account and transferred to 

18 this account shall be available, if recaptured, for continuum 

19 of care renewals in fiscal year 2017: Provided further, That 

20 the Department shall notify grantees of their formula allo21 cation from amounts allocated (which may represent initial 

22 or final amounts allocated) for the emergency solutions 

23 grant program within 60 days of enactment of this Act: 

24 Provided further, That up to $40,000,000 of the funds ap25 propriated under this heading shall be to implement 


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1 projects to demonstrate how a comprehensive approach to 

2 serving homeless youth, age 24 and under, in up to 11 com3 munities, including at least five rural communities, can 

4 dramatically reduce youth homelessness: Provided further, 

5 That such projects shall be eligible for renewal under the 

6 continuum of care program subject to the same terms and 

7 conditions as other renewal applicants: Provided further, 

8 That youth aged 24 and under seeking assistance under this 

9 heading shall not be required to provide third party docu10 mentation to establish their eligibility under 42 U.S.C. 

11 11302(a) or (b) to receive services: Provided further, That 

12 unaccompanied youth aged 24 and under or families head13 ed by youth aged 24 and under who are living in unsafe 

14 situations may be served by youth-serving providers funded 

15 under this heading: Provided further, That none of the 

16 funds provided under this heading shall be available for the 

17 continuum of care program unless the Secretary ensures 

18 that zero-tolerance recovery housing programs are eligible 

19 to receive funds under the continuum of care program. 

20 HOUSING PROGRAMS

21 RENTAL ASSISTANCE DEMONSTRATION

22 For continuing activities under the heading ‘‘Rental 

23 Assistance Demonstration’’ in the Department of Housing 

24 and Urban Development Appropriations Act, 2012 (Public 

25 Law 112–55), $4,000,000, to remain available until SepVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00281 Fmt 6652 Sfmt 6203 E:\BILLS\H2577.PP H2577

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1 tember 30, 2020: Provided, That such funds shall only be 

2 available to properties converting from assistance under sec3 tion 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 

4 1701q(c)(2)). 

5 PROJECT-BASED RENTAL ASSISTANCE

6 For activities and assistance for the provision of 

7 project-based subsidy contracts under the United States 

8 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the Act’’), 

9 not otherwise provided for, $10,501,000,000, to remain 

10 available until expended, shall be available on October 1, 

11 2016 (in addition to the $400,000,000 previously appro12 priated under this heading that became available October 

13 1, 2016), and $400,000,000, to remain available until ex14 pended, shall be available on October 1, 2017: Provided, 

15 That the amounts made available under this heading shall 

16 be available for expiring or terminating section 8 project17 based subsidy contracts (including section 8 moderate reha18 bilitation contracts), for amendments to section 8 project19 based subsidy contracts (including section 8 moderate reha20 bilitation contracts), for contracts entered into pursuant to 

21 section 441 of the McKinney-Vento Homeless Assistance Act 

22 (42 U.S.C. 11401), for renewal of section 8 contracts for 

23 units in projects that are subject to approved plans of action 

24 under the Emergency Low Income Housing Preservation 

25 Act of 1987 or the Low-Income Housing Preservation and 


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1 Resident Homeownership Act of 1990, and for administra2 tive and other expenses associated with project-based activi3 ties and assistance funded under this paragraph: Provided 

4 further, That of the total amounts provided under this head5 ing, not to exceed $235,000,000 shall be available for per6 formance-based contract administrators for section 8 

7 project-based assistance, for carrying out 42 U.S.C. 1437(f): 

8 Provided further, That the Secretary of Housing and Urban 

9 Development may also use such amounts in the previous 

10 proviso for performance-based contract administrators for 

11 the administration of: interest reduction payments pursu12 ant to section 236(a) of the National Housing Act (12 

13 U.S.C. 1715z–1(a)); rent supplement payments pursuant to 

14 section 101 of the Housing and Urban Development Act of 

15 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance 

16 payments (12 U.S.C. 1715z–1(f)(2)); project rental assist17 ance contracts for the elderly under section 202(c)(2) of the 

18 Housing Act of 1959 (12 U.S.C. 1701q); project rental as19 sistance contracts for supportive housing for persons with 

20 disabilities under section 811(d)(2) of the Cranston-Gon21 zalez National Affordable Housing Act (42 U.S.C. 

22 8013(d)(2)); project assistance contracts pursuant to section 

23 202(h) of the Housing Act of 1959 (Public Law 86–372; 

24 73 Stat. 667); and loans under section 202 of the Housing 

25 Act of 1959 (Public Law 86–372; 73 Stat. 667): Provided 


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1 further, That amounts recaptured under this heading, the 

2 heading ‘‘Annual Contributions for Assisted Housing’’, or 

3 the heading ‘‘Housing Certificate Fund’’, may be used for 

4 renewals of or amendments to section 8 project-based con5 tracts or for performance-based contract administrators, 

6 notwithstanding the purposes for which such amounts were 

7 appropriated: Provided further, That, notwithstanding any 

8 other provision of law, upon the request of the Secretary 

9 of Housing and Urban Development, project funds that are 

10 held in residual receipts accounts for any project subject 

11 to a section 8 project-based Housing Assistance Payments 

12 contract that authorizes HUD or a Housing Finance Agen13 cy to require that surplus project funds be deposited in an 

14 interest-bearing residual receipts account and that are in 

15 excess of an amount to be determined by the Secretary, shall 

16 be remitted to the Department and deposited in this ac17 count, to be available until expended: Provided further, 

18 That amounts deposited pursuant to the previous proviso 

19 shall be available in addition to the amount otherwise pro20 vided by this heading for uses authorized under this head21 ing. 

22 HOUSING FOR THE ELDERLY

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1 ance for the elderly under section 202(c)(2) of such Act, in2 cluding amendments to contracts for such assistance and 

3 renewal of expiring contracts for such assistance for up to 

4 a 1-year term, and for senior preservation rental assistance 

5 contracts, including renewals, as authorized by section 

6 811(e) of the American Housing and Economic Oppor7 tunity Act of 2000, as amended, and for supportive services 

8 associated with the housing, $505,000,000 to remain avail9 able until September 30, 2020: Provided, That of the 

10 amount provided under this heading, up to $75,000,000 

11 shall be for service coordinators and the continuation of ex12 isting congregate service grants for residents of assisted 

13 housing projects: Provided further, That amounts under this 

14 heading shall be available for Real Estate Assessment Cen15 ter inspections and inspection-related activities associated 

16 with section 202 projects: Provided further, That the Sec17 retary may waive the provisions of section 202 governing 

18 the terms and conditions of project rental assistance, except 

19 that the initial contract term for such assistance shall not 

20 exceed 5 years in duration: Provided further, That upon 

21 request of the Secretary of Housing and Urban Develop22 ment, project funds that are held in residual receipts ac23 counts for any project subject to a section 202 project rental 

24 assistance contract, and that upon termination of such con25 tract are in excess of an amount to be determined by the 


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1 Secretary, shall be remitted to the Department and depos2 ited in this account, to be available until September 30, 

3 2020: Provided further, That amounts deposited in this ac4 count pursuant to the previous proviso shall be available, 

5 in addition to the amounts otherwise provided by this head6 ing, for amendments and renewals: Provided further, That 

7 unobligated balances, including recaptures and carryover, 

8 remaining from funds transferred to or appropriated under 

9 this heading shall be available for amendments and renew10 als notwithstanding the purposes for which such funds 

11 originally were appropriated. 

12 HOUSING FOR PERSONS WITH DISABILITIES

13 For amendments to capital advance contracts for sup14 portive housing for persons with disabilities, as authorized 

15 by section 811 of the Cranston-Gonzalez National Affordable 

16 Housing Act (42 U.S.C. 8013), for project rental assistance 

17 for supportive housing for persons with disabilities under 

18 section 811(d)(2) of such Act and for project assistance con19 tracts pursuant to section 202(h) of the Housing Act of 1959 

20 (Public Law 86–372; 73 Stat. 667), including amendments 

21 to contracts for such assistance and renewal of expiring con22 tracts for such assistance for up to a 1-year term, for project 

23 rental assistance to State housing finance agencies and 

24 other appropriate entities as authorized under section 

25 811(b)(3) of the Cranston-Gonzalez National Housing Act, 


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1 and for supportive services associated with the housing for 

2 persons with disabilities as authorized by section 811(b)(1) 

3 of such Act, $154,000,000, to remain available until Sep4 tember 30, 2020: Provided, That amounts made available 

5 under this heading shall be available for Real Estate Assess6 ment Center inspections and inspection-related activities 

7 associated with section 811 projects: Provided further, That, 

8 in this fiscal year, upon the request of the Secretary of 

9 Housing and Urban Development, project funds that are 

10 held in residual receipts accounts for any project subject 

11 to a section 811 project rental assistance contract and that 

12 upon termination of such contract are in excess of an 

13 amount to be determined by the Secretary shall be remitted 

14 to the Department and deposited in this account, to be 

15 available until September 30, 2020: Provided further, That 

16 amounts deposited in this account pursuant to the previous 

17 proviso shall be available in addition to the amounts other18 wise provided by this heading for the purposes authorized 

19 under this heading: Provided further, That unobligated bal20 ances, including recaptures and carryover, remaining from 

21 funds transferred to or appropriated under this heading 

22 may be used for the current purposes authorized under this 

23 heading notwithstanding the purposes for which such funds 

24 originally were appropriated. 


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1 HOUSING COUNSELING ASSISTANCE

2 For contracts, grants, and other assistance excluding 

3 loans, as authorized under section 106 of the Housing and 

4 Urban Development Act of 1968, as amended, $47,000,000, 

5 to remain available until September 30, 2018, including 

6 up to $4,500,000 for administrative contract services: Pro7 vided, That grants made available from amounts provided 

8 under this heading shall be awarded within 180 days of 

9 enactment of this Act: Provided further, That funds shall 

10 be used for providing counseling and advice to tenants and 

11 homeowners, both current and prospective, with respect to 

12 property maintenance, financial management/literacy, and 

13 such other matters as may be appropriate to assist them 

14 in improving their housing conditions, meeting their finan15 cial needs, and fulfilling the responsibilities of tenancy or 

16 homeownership; for program administration; and for hous17 ing counselor training: Provided further, That for purposes 

18 of providing such grants from amounts provided under this 

19 heading, the Secretary may enter into multiyear agree20 ments as appropriate, subject to the availability of annual 

21 appropriations. 

22 RENTAL HOUSING ASSISTANCE

23 For amendments to contracts under section 101 of the 

24 Housing and Urban Development Act of 1965 (12 U.S.C. 

25 1701s) and section 236(f)(2) of the National Housing Act 


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1 (12 U.S.C. 1715z–1) in State-aided, noninsured rental 

2 housing projects, $20,000,000, to remain available until ex3 pended: Provided, That such amount, together with unobli4 gated balances from recaptured amounts appropriated 

5 prior to fiscal year 2006 from terminated contracts under 

6 such sections of law, and any unobligated balances, includ7 ing recaptures and carryover, remaining from funds appro8 priated under this heading after fiscal year 2005, shall also 

9 be available for extensions of up to one year for expiring 

10 contracts under such sections of law. 

11 PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

12 For necessary expenses as authorized by the National 

13 Manufactured Housing Construction and Safety Standards 

14 Act of 1974 (42 U.S.C. 5401 et seq.), up to $10,500,000, 

15 to remain available until expended, of which $10,500,000 

16 is to be derived from the Manufactured Housing Fees Trust 

17 Fund: Provided, That not to exceed the total amount appro18 priated under this heading shall be available from the gen19 eral fund of the Treasury to the extent necessary to incur 

20 obligations and make expenditures pending the receipt of 

21 collections to the Fund pursuant to section 620 of such Act: 

22 Provided further, That the amount made available under 

23 this heading from the general fund shall be reduced as such 

24 collections are received during fiscal year 2017 so as to re25 sult in a final fiscal year 2017 appropriation from the genVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00289 Fmt 6652 Sfmt 6203 E:\BILLS\H2577.PP H2577

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1 eral fund estimated at zero, and fees pursuant to such sec2 tion 620 shall be modified as necessary to ensure such a 

3 final fiscal year 2017 appropriation: Provided further, 

4 That for the dispute resolution and installation programs, 

5 the Secretary of Housing and Urban Development may as6 sess and collect fees from any program participant: Pro7 vided further, That such collections shall be deposited into 

8 the Fund, and the Secretary, as provided herein, may use 

9 such collections, as well as fees collected under section 620, 

10 for necessary expenses of such Act: Provided further, That, 

11 notwithstanding the requirements of section 620 of such Act, 

12 the Secretary may carry out responsibilities of the Sec13 retary under such Act through the use of approved service 

14 providers that are paid directly by the recipients of their 

15 services. 

16 FEDERAL HOUSING ADMINISTRATION

17 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

18 New commitments to guarantee single family loans in19 sured under the Mutual Mortgage Insurance Fund shall not 

20 exceed $400,000,000,000, to remain available until Sep21 tember 30, 2018: Provided, That during fiscal year 2017, 

22 obligations to make direct loans to carry out the purposes 

23 of section 204(g) of the National Housing Act, as amended, 

24 shall not exceed $5,000,000: Provided further, That the fore25 going amount in the previous proviso shall be for loans to 


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1 nonprofit and governmental entities in connection with 

2 sales of single family real properties owned by the Secretary 

3 and formerly insured under the Mutual Mortgage Insurance 

4 Fund: Provided further, That for administrative contract 

5 expenses of the Federal Housing Administration, 

6 $130,000,000, to remain available until September 30, 

7 2018. 

8 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

9 New commitments to guarantee loans insured under 

10 the General and Special Risk Insurance Funds, as author11 ized by sections 238 and 519 of the National Housing Act 

12 (12 U.S.C. 1715z–3 and 1735c), shall not exceed 

13 $30,000,000,000 in total loan principal, any part of which 

14 is to be guaranteed, to remain available until September 

15 30, 2018: Provided, That during fiscal year 2017, gross ob16 ligations for the principal amount of direct loans, as au17 thorized by sections 204(g), 207(l), 238, and 519(a) of the 

18 National Housing Act, shall not exceed $5,000,000, which 

19 shall be for loans to nonprofit and governmental entities 

20 in connection with the sale of single family real properties 

21 owned by the Secretary and formerly insured under such 

22 Act. 


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1 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

2 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

3 GUARANTEE PROGRAM ACCOUNT

4 New commitments to issue guarantees to carry out the 

5 purposes of section 306 of the National Housing Act, as 

6 amended (12 U.S.C. 1721(g)), shall not exceed 

7 $500,000,000,000, to remain available until September 30, 

8 2018: Provided, That $23,000,000 shall be available for nec9 essary salaries and expenses of the Office of Government 

10 National Mortgage Association: Provided further, That to 

11 the extent that guaranteed loan commitments exceed 

12 $155,000,000,000 on or before April 1, 2017, an additional 

13 $100 for necessary salaries and expenses shall be available 

14 until expended for each $1,000,000 in additional guaran15 teed loan commitments (including a pro rata amount for 

16 any amount below $1,000,000), but in no case shall funds 

17 made available by this proviso exceed $3,000,000: Provided 

18 further, That receipts from Commitment and Multiclass fees 

19 collected pursuant to title III of the National Housing Act, 

20 as amended, shall be credited as offsetting collections to this 

21 account. 

22 POLICY DEVELOPMENT AND RESEARCH

23 RESEARCH AND TECHNOLOGY

24 For contracts, grants, and necessary expenses of pro25 grams of research and studies relating to housing and 


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1 urban problems, not otherwise provided for, as authorized 

2 by title V of the Housing and Urban Development Act of 

3 1970 (12 U.S.C. 1701z–1 et seq.), including carrying out 

4 the functions of the Secretary of Housing and Urban Devel5 opment under section 1(a)(1)(i) of Reorganization Plan No. 

6 2 of 1968, and for technical assistance, $90,000,000, to re7 main available until September 30, 2018: Provided, That 

8 with respect to amounts made available under this heading, 

9 notwithstanding section 204 of this title, the Secretary may 

10 enter into cooperative agreements funded with philan11 thropic entities, other Federal agencies, or State or local 

12 governments and their agencies for research projects: Pro13 vided further, That with respect to the previous proviso, 

14 such partners to the cooperative agreements must contribute 

15 at least a 50 percent match toward the cost of the project: 

16 Provided further, That for non-competitive agreements en17 tered into in accordance with the previous two provisos, the 

18 Secretary of Housing and Urban Development shall comply 

19 with section 2(b) of the Federal Funding Accountability 

20 and Transparency Act of 2006 (Public Law 109–282, 31 

21 U.S.C. note) in lieu of compliance with section 102(a)(4)(C) 

22 with respect to documentation of award decisions: Provided 

23 further, That prior to obligation of technical assistance 

24 funding, the Secretary shall submit a plan, for approval, 

25 to the House and Senate Committees on Appropriations on 


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1 how it will allocate funding for this activity: Provided fur2 ther, That none of the funds provided under this heading 

3 may be available for the doctoral dissertation research grant 

4 program. 

5 FAIR HOUSING AND EQUAL OPPORTUNITY

6 FAIR HOUSING ACTIVITIES

7 For contracts, grants, and other assistance, not other8 wise provided for, as authorized by title VIII of the Civil 

9 Rights Act of 1968, as amended by the Fair Housing 

10 Amendments Act of 1988, and section 561 of the Housing 

11 and Community Development Act of 1987, as amended, 

12 $65,300,000, to remain available until September 30, 2018: 

13 Provided, That notwithstanding 31 U.S.C. 3302, the Sec14 retary may assess and collect fees to cover the costs of the 

15 Fair Housing Training Academy, and may use such funds 

16 to provide such training: Provided further, That no funds 

17 made available under this heading shall be used to lobby 

18 the executive or legislative branches of the Federal Govern19 ment in connection with a specific contract, grant, or loan: 

20 Provided further, That of the funds made available under 

21 this heading, $300,000 shall be available to the Secretary 

22 of Housing and Urban Development for the creation and 

23 promotion of translated materials and other programs that 

24 support the assistance of persons with limited English proVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00294 Fmt 6652 Sfmt 6203 E:\BILLS\H2577.PP H2577

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1 ficiency in utilizing the services provided by the Depart2 ment of Housing and Urban Development. 

3 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

4 HOMES

5 LEAD HAZARD REDUCTION

6 For the Lead Hazard Reduction Program, as author7 ized by section 1011 of the Residential Lead-Based Paint 

8 Hazard Reduction Act of 1992, $135,000,000, to remain 

9 available until September 30, 2018, of which $20,000,000 

10 shall be for the Healthy Homes Initiative, pursuant to sec11 tions 501 and 502 of the Housing and Urban Development 

12 Act of 1970, that shall include research, studies, testing, and 

13 demonstration efforts, including education and outreach 

14 concerning lead-based paint poisoning and other housing15 related diseases and hazards: Provided, That for purposes 

16 of environmental review, pursuant to the National Environ17 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 

18 other provisions of the law that further the purposes of such 

19 Act, a grant under the Healthy Homes Initiative, or the 

20 Lead Technical Studies program under this heading or 

21 under prior appropriations Acts for such purposes under 

22 this heading, shall be considered to be funds for a special 

23 project for purposes of section 305(c) of the Multifamily 

24 Housing Property Disposition Reform Act of 1994: Pro25 vided further, That of the total amount made available 


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1 under this heading, $55,000,000 shall be made available on 

2 a competitive basis for areas with the highest lead-based 

3 paint abatement needs: Provided further, That each recipi4 ent of funds provided under the previous proviso shall con5 tribute an amount not less than 25 percent of the total: Pro6 vided further, That each applicant shall certify adequate 

7 capacity that is acceptable to the Secretary to carry out 

8 the proposed use of funds pursuant to a notice of funding 

9 availability: Provided further, That amounts made avail10 able under this heading in this or prior appropriations 

11 Acts, and that still remain available, may be used for any 

12 purpose under this heading notwithstanding the purpose for 

13 which such amounts were appropriated if a program com14 petition is undersubscribed and there are other program 

15 competitions under this heading that are oversubscribed. 

16 INFORMATION TECHNOLOGY FUND

17 For the development of, modifications to, and infra18 structure for Department-wide and program-specific infor19 mation technology systems, for the continuing operation 

20 and maintenance of both Department-wide and program21 specific information systems, and for program-related 

22 maintenance activities, $273,000,000, of which 

23 $250,000,000 shall remain available until September 30, 

24 2018, and of which $23,000,000 shall remain available 

25 until September 30, 2019: Provided, That any amounts 


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1 transferred to this Fund under this Act shall remain avail2 able until expended: Provided further, That any amounts 

3 transferred to this Fund from amounts appropriated by 

4 previously enacted appropriations Acts may be used for the 

5 purposes specified under this Fund, in addition to any 

6 other information technology purposes for which such 

7 amounts were appropriated: Provided further, That not 

8 more than 10 percent of the funds made available under 

9 this heading for development, modernization and enhance10 ment may be obligated until the Secretary submits to the 

11 House and Senate Committees on Appropriations, for ap12 proval, a plan for expenditure that—(A) identifies for each 

13 modernization project: (i) the functional and performance 

14 capabilities to be delivered and the mission benefits to be 

15 realized, (ii) the estimated life-cycle cost, and (iii) key mile16 stones to be met; and (B) demonstrates that each moderniza17 tion project is: (i) compliant with the department’s enter18 prise architecture, (ii) being managed in accordance with 

19 applicable life-cycle management policies and guidance, 

20 (iii) subject to the department’s capital planning and in21 vestment control requirements, and (iv) supported by an 

22 adequately staffed project office. 

23 OFFICE OF INSPECTOR GENERAL

24 For necessary salaries and expenses of the Office of In25 spector General in carrying out the Inspector General Act 


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1 of 1978, as amended, $129,000,000: Provided, That the In2 spector General shall have independent authority over all 

3 personnel issues within this office. 

4 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

5 URBAN DEVELOPMENT

6 (INCLUDING TRANSFER OF FUNDS)

7 (INCLUDING RESCISSION)

8 SEC. 201. Fifty percent of the amounts of budget au9 thority, or in lieu thereof 50 percent of the cash amounts 

10 associated with such budget authority, that are recaptured 

11 from projects described in section 1012(a) of the Stewart 

12 B. McKinney Homeless Assistance Amendments Act of 1988 

13 (42 U.S.C. 1437 note) shall be rescinded or in the case of 

14 cash, shall be remitted to the Treasury, and such amounts 

15 of budget authority or cash recaptured and not rescinded 

16 or remitted to the Treasury shall be used by State housing 

17 finance agencies or local governments or local housing agen18 cies with projects approved by the Secretary of Housing and 

19 Urban Development for which settlement occurred after 

20 January 1, 1992, in accordance with such section. Notwith21 standing the previous sentence, the Secretary may award 

22 up to 15 percent of the budget authority or cash recaptured 

23 and not rescinded or remitted to the Treasury to provide 

24 project owners with incentives to refinance their project at 

25 a lower interest rate. 


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1 SEC. 202. None of the amounts made available under 

2 this Act may be used during fiscal year 2017 to investigate 

3 or prosecute under the Fair Housing Act any otherwise law4 ful activity engaged in by one or more persons, including 

5 the filing or maintaining of a nonfrivolous legal action, 

6 that is engaged in solely for the purpose of achieving or 

7 preventing action by a Government official or entity, or a 

8 court of competent jurisdiction. 

9 SEC. 203. (a) Notwithstanding any other provision of 

10 law, the amount allocated for fiscal year 2017 under section 

11 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 

12 12903(c)), to the city of New York, New York, on behalf 

13 of the New York–Wayne–White Plains, New York–New Jer14 sey Metropolitan Division (hereafter ‘‘metropolitan divi15 sion’’) of the New York–Newark–Edison, NY–NJ–PA Metro16 politan Statistical Area, shall be adjusted by the Secretary 

17 of Housing and Urban Development by: (1) allocating to 

18 the city of Jersey City, New Jersey, the proportion of the 

19 metropolitan area’s or division’s amount that is based on 

20 the number of persons living with HIV or AIDS, poverty 

21 and fair market rents, in the portion of the metropolitan 

22 area or division that is located in Hudson County, New 

23 Jersey; and (2) allocating to the city of Paterson, New Jer24 sey, the proportion of the metropolitan area’s or division’s 

25 amount that is based on the number of persons living with 


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1 HIV or AIDS, poverty and fair market rents, in the portion 

2 of the metropolitan area or division that is located in Ber3 gen County and Passaic County, New Jersey. The recipient 

4 cities shall use amounts allocated under this subsection to 

5 carry out eligible activities under section 855 of the AIDS 

6 Housing Opportunity Act (42 U.S.C. 12904) in their re7 spective portions of the metropolitan division that is located 

8 in New Jersey. 

9 (b) Notwithstanding any other provision of law, the 

10 amount allocated for fiscal year 2017 under section 854(c) 

11 of the AIDS Housing Opportunity Act (42 U.S.C. 

12 12903(c)), to the city of Wilmington, Delaware, on behalf 

13 of the Wilmington, Delaware–Maryland–New Jersey Metro14 politan Division (hereafter ‘‘metropolitan division’’), shall 

15 be adjusted by the Secretary of Housing and Urban Devel16 opment by allocating to the State of New Jersey the propor17 tion of the metropolitan division’s amount that is based on 

18 the number of persons living with HIV or AIDS, poverty 

19 and fair market rents, in the portion of the metropolitan 

20 division that is located in New Jersey. The State of New 

21 Jersey shall use amounts allocated to the State under this 

22 subsection to carry out eligible activities under section 855 

23 of the AIDS Housing Opportunity Act (42 U.S.C. 12904) 

24 in the portion of the metropolitan division that is located 

25 in New Jersey. 


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1 (c) Notwithstanding any other provision of law, the 

2 Secretary of Housing and Urban Development shall allocate 

3 to Wake County, North Carolina, the amounts that other4 wise would be allocated for fiscal year 2017 under section 

5 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 

6 12903(c)) to the city of Raleigh, North Carolina, on behalf 

7 of the Raleigh-Cary North Carolina Metropolitan Statis8 tical Area. Any amounts allocated to Wake County shall 

9 be used to carry out eligible activities under section 855 

10 of such Act (42 U.S.C. 12904) within such metropolitan sta11 tistical area. 

12 (d) Notwithstanding section 854(c) of the AIDS Hous13 ing Opportunity Act (42 U.S.C. 12903(c)), the Secretary 

14 of Housing and Urban Development may adjust the alloca15 tion of the amounts that otherwise would be allocated for 

16 fiscal year 2017 under section 854(c) of such Act, upon the 

17 written request of an applicant, in conjunction with the 

18 State(s), for a formula allocation on behalf of a metropoli19 tan statistical area, to designate the State or States in 

20 which the metropolitan statistical area is located as the eli21 gible grantee(s) of the allocation. In the case that a metro22 politan statistical area involves more than one State, such 

23 amounts allocated to each State shall be based on the pro24 portion of the metropolitan statistical area’s amount that 

25 is based on the number of persons living with HIV or AIDS, 


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1 poverty and fair market rents, in the portion of the metro2 politan statistical area that is located in that State. Any 

3 amounts allocated to a State under this section shall be used 

4 to carry out eligible activities within the portion of the met5 ropolitan statistical area located in that State. 

6 SEC. 204. Except as explicitly provided in law, any 

7 grant, cooperative agreement or other assistance made pur8 suant to title II of this Act shall be made on a competitive 

9 basis and in accordance with section 102 of the Department 

10 of Housing and Urban Development Reform Act of 1989 

11 (42 U.S.C. 3545). 

12 SEC. 205. Funds of the Department of Housing and 

13 Urban Development subject to the Government Corporation 

14 Control Act or section 402 of the Housing Act of 1950 shall 

15 be available, without regard to the limitations on adminis16 trative expenses, for legal services on a contract or fee basis, 

17 and for utilizing and making payment for services and fa18 cilities of the Federal National Mortgage Association, Gov19 ernment National Mortgage Association, Federal Home 

20 Loan Mortgage Corporation, Federal Financing Bank, Fed21 eral Reserve banks or any member thereof, Federal Home 

22 Loan banks, and any insured bank within the meaning of 

23 the Federal Deposit Insurance Corporation Act, as amended 

24 (12 U.S.C. 1811–1). 


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1 SEC. 206. Unless otherwise provided for in this Act 

2 or through a reprogramming of funds, no part of any ap3 propriation for the Department of Housing and Urban De4 velopment shall be available for any program, project or 

5 activity in excess of amounts set forth in the budget esti6 mates submitted to Congress. 

7 SEC. 207. Corporations and agencies of the Depart8 ment of Housing and Urban Development which are subject 

9 to the Government Corporation Control Act are hereby au10 thorized to make such expenditures, within the limits of 

11 funds and borrowing authority available to each such cor12 poration or agency and in accordance with law, and to 

13 make such contracts and commitments without regard to 

14 fiscal year limitations as provided by section 104 of such 

15 Act as may be necessary in carrying out the programs set 

16 forth in the budget for 2017 for such corporation or agency 

17 except as hereinafter provided: Provided, That collections 

18 of these corporations and agencies may be used for new loan 

19 or mortgage purchase commitments only to the extent ex20 pressly provided for in this Act (unless such loans are in 

21 support of other forms of assistance provided for in this or 

22 prior appropriations Acts), except that this proviso shall 

23 not apply to the mortgage insurance or guaranty operations 

24 of these corporations, or where loans or mortgage purchases 


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1 are necessary to protect the financial interest of the United 

2 States Government. 

3 SEC. 208. The Secretary of Housing and Urban Devel4 opment shall provide quarterly reports to the House and 

5 Senate Committees on Appropriations regarding all uncom6 mitted, unobligated, recaptured and excess funds in each 

7 program and activity within the jurisdiction of the Depart8 ment and shall submit additional, updated budget informa9 tion to these Committees upon request. 

10 SEC. 209. The President’s formal budget request for fis11 cal year 2018, as well as the Department of Housing and 

12 Urban Development’s congressional budget justifications to 

13 be submitted to the Committees on Appropriations of the 

14 House of Representatives and the Senate, shall use the iden15 tical account and sub-account structure provided under this 

16 Act. 

17 SEC. 210. A public housing agency or such other entity 

18 that administers Federal housing assistance for the Housing 

19 Authority of the county of Los Angeles, California, and the 

20 States of Alaska, Iowa, and Mississippi shall not be re21 quired to include a resident of public housing or a recipient 

22 of assistance provided under section 8 of the United States 

23 Housing Act of 1937 on the board of directors or a similar 

24 governing board of such agency or entity as required under 

25 section (2)(b) of such Act. Each public housing agency or 


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1 other entity that administers Federal housing assistance 

2 under section 8 for the Housing Authority of the county 

3 of Los Angeles, California and the States of Alaska, Iowa 

4 and Mississippi that chooses not to include a resident of 

5 public housing or a recipient of section 8 assistance on the 

6 board of directors or a similar governing board shall estab7 lish an advisory board of not less than six residents of pub8 lic housing or recipients of section 8 assistance to provide 

9 advice and comment to the public housing agency or other 

10 administering entity on issues related to public housing and 

11 section 8. Such advisory board shall meet not less than 

12 quarterly. 

13 SEC. 211. No funds provided under this title may be 

14 used for an audit of the Government National Mortgage As15 sociation that makes applicable requirements under the 

16 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

17 SEC. 212. (a) Notwithstanding any other provision of 

18 law, subject to the conditions listed under this section, for 

19 fiscal years 2017 and 2018, the Secretary of Housing and 

20 Urban Development may authorize the transfer of some or 

21 all project-based assistance, debt held or insured by the Sec22 retary and statutorily required low-income and very low23 income use restrictions if any, associated with one or more 

24 multifamily housing project or projects to another multi25 family housing project or projects. 


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1 (b) PHASED TRANSFERS.—Transfers of project-based 

2 assistance under this section may be done in phases to ac3 commodate the financing and other requirements related to 

4 rehabilitating or constructing the project or projects to 

5 which the assistance is transferred, to ensure that such 

6 project or projects meet the standards under subsection (c). 

7 (c) The transfer authorized in subsection (a) is subject 

8 to the following conditions: 

9 (1) NUMBER AND BEDROOM SIZE OF UNITS.— 

10 (A) For occupied units in the transferring 

11 project: The number of low-income and very low12 income units and the configuration (i.e., bed13 room size) provided by the transferring project 

14 shall be no less than when transferred to the re15 ceiving project or projects and the net dollar 

16 amount of Federal assistance provided to the 

17 transferring project shall remain the same in the 

18 receiving project or projects. 

19 (B) For unoccupied units in the transfer20 ring project: The Secretary may authorize a re21 duction in the number of dwelling units in the 

22 receiving project or projects to allow for a recon23 figuration of bedroom sizes to meet current mar24 ket demands, as determined by the Secretary and 


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1 provided there is no increase in the project-based 

2 assistance budget authority. 

3 (2) The transferring project shall, as determined 

4 by the Secretary, be either physically obsolete or eco5 nomically nonviable. 

6 (3) The receiving project or projects shall meet or 

7 exceed applicable physical standards established by 

8 the Secretary. 

9 (4) The owner or mortgagor of the transferring 

10 project shall notify and consult with the tenants re11 siding in the transferring project and provide a cer12 tification of approval by all appropriate local govern13 mental officials. 

14 (5) The tenants of the transferring project who 

15 remain eligible for assistance to be provided by the re16 ceiving project or projects shall not be required to va17 cate their units in the transferring project or projects 

18 until new units in the receiving project are available 

19 for occupancy. 

20 (6) The Secretary determines that this transfer is 

21 in the best interest of the tenants. 

22 (7) If either the transferring project or the re23 ceiving project or projects meets the condition speci24 fied in subsection (d)(2)(A), any lien on the receiving 

25 project resulting from additional financing obtained 


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1 by the owner shall be subordinate to any FHA-in2 sured mortgage lien transferred to, or placed on, such 

3 project by the Secretary, except that the Secretary 

4 may waive this requirement upon determination that 

5 such a waiver is necessary to facilitate the financing 

6 of acquisition, construction, and/or rehabilitation of 

7 the receiving project or projects. 

8 (8) If the transferring project meets the require9 ments of subsection (d)(2), the owner or mortgagor of 

10 the receiving project or projects shall execute and 

11 record either a continuation of the existing use agree12 ment or a new use agreement for the project where, 

13 in either case, any use restrictions in such agreement 

14 are of no lesser duration than the existing use restric15 tions. 

16 (9) The transfer does not increase the cost (as de17 fined in section 502 of the Congressional Budget Act 

18 of 1974, as amended) of any FHA-insured mortgage, 

19 except to the extent that appropriations are provided 

20 in advance for the amount of any such increased cost. 

21 (d) For purposes of this section— 

22 (1) the terms ‘‘low-income’’ and ‘‘very low-in23 come’’ shall have the meanings provided by the statute 

24 and/or regulations governing the program under 

25 which the project is insured or assisted; 


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1 (2) the term ‘‘multifamily housing project’’ 

2 means housing that meets one of the following condi3 tions— 

4 (A) housing that is subject to a mortgage 

5 insured under the National Housing Act; 

6 (B) housing that has project-based assist7 ance attached to the structure including projects 

8 undergoing mark to market debt restructuring 

9 under the Multifamily Assisted Housing Reform 

10 and Affordability Housing Act; 

11 (C) housing that is assisted under section 

12 202 of the Housing Act of 1959, as amended by 

13 section 801 of the Cranston-Gonzales National 

14 Affordable Housing Act; 

15 (D) housing that is assisted under section 

16 202 of the Housing Act of 1959, as such section 

17 existed before the enactment of the Cranston18 Gonzales National Affordable Housing Act; 

19 (E) housing that is assisted under section 

20 811 of the Cranston-Gonzales National Afford21 able Housing Act; or 

22 (F) housing or vacant land that is subject 

23 to a use agreement; 

24 (3) the term ‘‘project-based assistance’’ means— 


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1 (A) assistance provided under section 8(b) 

2 of the United States Housing Act of 1937; 

3 (B) assistance for housing constructed or 

4 substantially rehabilitated pursuant to assistance 

5 provided under section 8(b)(2) of such Act (as 

6 such section existed immediately before October 

7 1, 1983); 

8 (C) rent supplement payments under sec9 tion 101 of the Housing and Urban Development 

10 Act of 1965; 

11 (D) interest reduction payments under sec12 tion 236 and/or additional assistance payments 

13 under section 236(f)(2) of the National Housing 

14 Act; 

15 (E) assistance payments made under sec16 tion 202(c)(2) of the Housing Act of 1959; and 

17 (F) assistance payments made under section 

18 811(d)(2) of the Cranston-Gonzalez National Af19 fordable Housing Act; 

20 (4) the term ‘‘receiving project or projects’’ 

21 means the multifamily housing project or projects to 

22 which some or all of the project-based assistance, debt, 

23 and statutorily required low-income and very low-in24 come use restrictions are to be transferred; 


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1 (5) the term ‘‘transferring project’’ means the 

2 multifamily housing project which is transferring 

3 some or all of the project-based assistance, debt, and 

4 the statutorily required low-income and very low-in5 come use restrictions to the receiving project or 

6 projects; and 

7 (6) the term ‘‘Secretary’’ means the Secretary of 

8 Housing and Urban Development. 

9 (e) RESEARCH REPORT.—The Secretary shall conduct 

10 an evaluation of the transfer authority under this section, 

11 including the effect of such transfers on the operational effi12 ciency, contract rents, physical and financial conditions, 

13 and long-term preservation of the affected properties. 

14 SEC. 213. (a) No assistance shall be provided under 

15 section 8 of the United States Housing Act of 1937 (42 

16 U.S.C. 1437f) to any individual who— 

17 (1) is enrolled as a student at an institution of 

18 higher education (as defined under section 102 of the 

19 Higher Education Act of 1965 (20 U.S.C. 1002)); 

20 (2) is under 24 years of age; 

21 (3) is not a veteran; 

22 (4) is unmarried; 

23 (5) does not have a dependent child; 

24 (6) is not a person with disabilities, as such 

25 term is defined in section 3(b)(3)(E) of the United 


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1 States Housing Act of 1937 (42 U.S.C. 

2 1437a(b)(3)(E)) and was not receiving assistance 

3 under such section 8 as of November 30, 2005; 

4 (7) is not a youth who left foster care at age 14 

5 or older and is at risk of becoming homeless; and 

6 (8) is not otherwise individually eligible, or has 

7 parents who, individually or jointly, are not eligible, 

8 to receive assistance under section 8 of the United 

9 States Housing Act of 1937 (42 U.S.C. 1437f). 

10 (b) For purposes of determining the eligibility of a per11 son to receive assistance under section 8 of the United States 

12 Housing Act of 1937 (42 U.S.C. 1437f), any financial as13 sistance (in excess of amounts received for tuition and any 

14 other required fees and charges) that an individual receives 

15 under the Higher Education Act of 1965 (20 U.S.C. 1001 

16 et seq.), from private sources, or an institution of higher 

17 education (as defined under the Higher Education Act of 

18 1965 (20 U.S.C. 1002)), shall be considered income to that 

19 individual, except for a person over the age of 23 with de20 pendent children. 

21 SEC. 214. The funds made available for Native Alas22 kans under the heading ‘‘Indian Block Grants’’ in title II 

23 of this Act shall be allocated to the same Native Alaskan 

24 housing block grant recipients that received funds in fiscal 

25 year 2005. 


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1 SEC. 215. Notwithstanding the limitation in the first 

2 sentence of section 255(g) of the National Housing Act (12 

3 U.S.C. 1715z–20(g)), the Secretary of Housing and Urban 

4 Development may, until September 30, 2017, insure and 

5 enter into commitments to insure mortgages under such sec6 tion 255. 

7 SEC. 216. Notwithstanding any other provision of law, 

8 in fiscal year 2017, in managing and disposing of any mul9 tifamily property that is owned or has a mortgage held by 

10 the Secretary of Housing and Urban Development, and dur11 ing the process of foreclosure on any property with a con12 tract for rental assistance payments under section 8 of the 

13 United States Housing Act of 1937 or other Federal pro14 grams, the Secretary shall maintain any rental assistance 

15 payments under section 8 of the United States Housing Act 

16 of 1937 and other programs that are attached to any dwell17 ing units in the property. To the extent the Secretary deter18 mines, in consultation with the tenants and the local gov19 ernment, that such a multifamily property owned or held 

20 by the Secretary is not feasible for continued rental assist21 ance payments under such section 8 or other programs, 

22 based on consideration of (1) the costs of rehabilitating and 

23 operating the property and all available Federal, State, and 

24 local resources, including rent adjustments under section 

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1 fordability Act of 1997 (‘‘MAHRAA’’) and (2) environ2 mental conditions that cannot be remedied in a cost-effec3 tive fashion, the Secretary may, in consultation with the 

4 tenants of that property, contract for project-based rental 

5 assistance payments with an owner or owners of other exist6 ing housing properties, or provide other rental assistance. 

7 The Secretary shall also take appropriate steps to ensure 

8 that project-based contracts remain in effect prior to fore9 closure, subject to the exercise of contractual abatement rem10 edies to assist relocation of tenants for imminent major 

11 threats to health and safety after written notice to and in12 formed consent of the affected tenants and use of other avail13 able remedies, such as partial abatements or receivership. 

14 After disposition of any multifamily property described 

15 under this section, the contract and allowable rent levels 

16 on such properties shall be subject to the requirements under 

17 section 524 of MAHRAA. 

18 SEC. 217. The commitment authority funded by fees 

19 as provided under the heading ‘‘Community Development 

20 Loan Guarantees Program Account’’ may be used to guar21 antee, or make commitments to guarantee, notes, or other 

22 obligations issued by any State on behalf of non-entitlement 

23 communities in the State in accordance with the require24 ments of section 108 of the Housing and Community Devel25 opment Act of 1974: Provided, That any State receiving 


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1 such a guarantee or commitment shall distribute all funds 

2 subject to such guarantee to the units of general local gov3 ernment in non-entitlement areas that received the commit4 ment. 

5 SEC. 218. Public housing agencies that own and oper6 ate 400 or fewer public housing units may elect to be exempt 

7 from any asset management requirement imposed by the 

8 Secretary of Housing and Urban Development in connec9 tion with the operating fund rule: Provided, That an agency 

10 seeking a discontinuance of a reduction of subsidy under 

11 the operating fund formula shall not be exempt from asset 

12 management requirements. 

13 SEC. 219. With respect to the use of amounts provided 

14 in this Act and in future Acts for the operation, capital 

15 improvement and management of public housing as author16 ized by sections 9(d) and 9(e) of the United States Housing 

17 Act of 1937 (42 U.S.C. 1437g(d) and (e)), the Secretary 

18 shall not impose any requirement or guideline relating to 

19 asset management that restricts or limits in any way the 

20 use of capital funds for central office costs pursuant to sec21 tion 9(g)(1) or 9(g)(2) of the United States Housing Act 

22 of 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a pub23 lic housing agency may not use capital funds authorized 

24 under section 9(d) for activities that are eligible under sec25 tion 9(e) for assistance with amounts from the operating 


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1 fund in excess of the amounts permitted under section 

2 9(g)(1) or 9(g)(2). 

3 SEC. 220. No official or employee of the Department 

4 of Housing and Urban Development shall be designated as 

5 an allotment holder unless the Office of the Chief Financial 

6 Officer has determined that such allotment holder has im7 plemented an adequate system of funds control and has re8 ceived training in funds control procedures and directives. 

9 The Chief Financial Officer shall ensure that there is a 

10 trained allotment holder for each HUD sub-office under the 

11 accounts ‘‘Executive Offices’’ and ‘‘Administrative Support 

12 Offices,’’ as well as each account receiving appropriations 

13 for ‘‘Program Office Salaries and Expenses’’, ‘‘Government 

14 National Mortgage Association—Guarantees of Mortgage15 Backed Securities Loan Guarantee Program Account’’, and 

16 ‘‘Office of Inspector General’’ within the Department of 

17 Housing and Urban Development. 

18 SEC. 221. The Secretary of the Department of Housing 

19 and Urban Development shall, for fiscal year 2017 and 

20 hereafter, notify the public through the Federal Register and 

21 other means, as determined appropriate, of the issuance of 

22 a notice of the availability of assistance or notice of funding 

23 availability (NOFA) for any program or discretionary fund 

24 administered by the Secretary that is to be competitively 

25 awarded. Notwithstanding any other provision of law, for 


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1 fiscal year 2017 and hereafter, the Secretary may make the 

2 NOFA available only on the Internet at the appropriate 

3 Government web site or through other electronic media, as 

4 determined by the Secretary. 

5 SEC. 222. Payment of attorney fees in program-related 

6 litigation shall be paid from the individual program office 

7 and Office of General Counsel salaries and expenses appro8 priations. The annual budget submission for the program 

9 offices and the Office of General Counsel shall include any 

10 such projected litigation costs for attorney fees as a separate 

11 line item request. No funds provided in this title may be 

12 used to pay any such litigation costs for attorney fees until 

13 the Department submits for review a spending plan for such 

14 costs to the House and Senate Committees on Appropria15 tions. 

16 SEC. 223. The Secretary is authorized to transfer up 

17 to 10 percent or $4,000,000, whichever is less, of funds ap18 propriated for any office under the heading ‘‘Administra19 tive Support Offices’’ or for any account under the general 

20 heading ‘‘Program Office Salaries and Expenses’’ to any 

21 other such office or account: Provided, That no appropria22 tion for any such office or account shall be increased or 

23 decreased by more than 10 percent or $4,000,000, whichever 

24 is less, without prior written approval of the House and 

25 Senate Committees on Appropriations: Provided further, 


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1 That the Secretary shall provide notification to such Com2 mittees three business days in advance of any such transfers 

3 under this section up to 10 percent or $4,000,000, whichever 

4 is less. 

5 SEC. 224. For fiscal year 2017 and hereafter the Dis6 aster Housing Assistance Programs, administered by the 

7 Department of Housing and Urban Development, shall be 

8 considered a ‘‘program of the Department of Housing and 

9 Urban Development’’ under section 904 of the McKinney 

10 Act for the purpose of income verifications and matching. 

11 SEC. 225. (a) Any entity receiving housing assistance 

12 payments shall maintain decent, safe, and sanitary condi13 tions, as determined by the Secretary of Housing and 

14 Urban Development (in this section referred to as the ‘‘Sec15 retary’’), and comply with any standards under applicable 

16 State or local laws, rules, ordinances, or regulations relat17 ing to the physical condition of any property covered under 

18 a housing assistance payment contract. 

19 (b) The Secretary shall take action under subsection 

20 (c) when a multifamily housing project with a section 8 

21 contract or contract for similar project-based assistance— 

22 (1) receives a Uniform Physical Condition 

23 Standards (UPCS) score of 30 or less; 

24 (2) fails to certify in writing to the Secretary 

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1 ficiencies identified by the inspector at the project 

2 have been corrected; or 

3 (3) receives a UPCS score between 31 and 59 

4 and has received consecutive scores of less than 60 on 

5 UPCS inspections. 

6 Such requirements shall apply to insured and 

7 noninsured projects with assistance attached to the 

8 units under section 8 of the United States Housing 

9 Act of 1937 (42 U.S.C. 1437f), but do not apply to 

10 such units assisted under section 8(o)(13) (42 U.S.C. 

11 1437f(o)(13)) or to public housing units assisted with 

12 capital or operating funds under section 9 of the 

13 United States Housing Act of 1937 (42 U.S.C. 

14 1437g). 

15 (c)(1) The Secretary shall notify the owner and pro16 vide an opportunity for response within 15 days after the 

17 results of the UPCS inspection are issued. If the violations 

18 remain, the Secretary shall develop a plan to bring the 

19 property into compliance within 30 days after the results 

20 of the UPCS inspection are issued and must provide the 

21 owner with a Notice of Default with a specified timetable, 

22 determined by the Secretary, for correcting all deficiencies. 

23 The Secretary must also provide a copy of the Notice of 

24 Default to the tenants, the local government, any mortga25 gees, and any contract administrator. If the owner’s appeal 


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1 results in a UPCS score of 60 or above, the Secretary may 

2 withdraw the Notice of Default. 

3 (2) At the end of the time period for correcting all defi4 ciencies specified in the Notice of Default, if the owner fails 

5 to fully correct such deficiencies, the Secretary may— 

6 (A) require immediate replacement of project 

7 management with a management agent approved by 

8 the Secretary; 

9 (B) impose civil money penalties, which shall be 

10 used solely for the purpose of supporting safe and 

11 sanitary conditions at applicable properties, as des12 ignated by the Secretary, with priority given to the 

13 tenants of the property affected by the penalty; 

14 (C) abate the section 8 contract, including par15 tial abatement, as determined by the Secretary, until 

16 all deficiencies have been corrected; 

17 (D) pursue transfer of the project to an owner, 

18 approved by the Secretary under established proce19 dures, which will be obligated to promptly make all 

20 required repairs and to accept renewal of the assist21 ance contract as long as such renewal is offered; 

22 (E) transfer the existing section 8 contract to an23 other project or projects and owner or owners; 

24 (F) pursue exclusionary sanctions, including 

25 suspensions or debarments from Federal programs; 


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1 (G) seek judicial appointment of a receiver to 

2 manage the property and cure all project deficiencies 

3 or seek a judicial order of specific performance requir4 ing the owner to cure all project deficiencies; 

5 (H) work with the owner, lender, or other related 

6 party to stabilize the property in an attempt to pre7 serve the property through compliance, transfer of 

8 ownership, or an infusion of capital provided by a 

9 third-party that requires time to effectuate; or 

10 (I) take any other regulatory or contractual rem11 edies available as deemed necessary and appropriate 

12 by the Secretary. 

13 (d) The Secretary shall also take appropriate steps to 

14 ensure that project-based contracts remain in effect, subject 

15 to the exercise of contractual abatement remedies to assist 

16 relocation of tenants for major threats to health and safety 

17 after written notice to and informed consent of the affected 

18 tenants and use of other remedies set forth above. To the 

19 extent the Secretary determines, in consultation with the 

20 tenants and the local government, that the property is not 

21 feasible for continued rental assistance payments under 

22 such section 8 or other programs, based on consideration 

23 of (1) the costs of rehabilitating and operating the property 

24 and all available Federal, State, and local resources, includ25 ing rent adjustments under section 524 of the Multifamily 


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1 Assisted Housing Reform and Affordability Act of 1997 

2 (‘‘MAHRAA’’) and (2) environmental conditions that can3 not be remedied in a cost-effective fashion, the Secretary 

4 may, in consultation with the tenants of that property, con5 tract for project-based rental assistance payments with an 

6 owner or owners of other existing housing properties, or 

7 provide other rental assistance. 

8 (e) The Secretary shall report quarterly on all prop9 erties covered by this section that are assessed through the 

10 Real Estate Assessment Center and have UPCS physical in11 spection scores of less than 60 or have received an unsatis12 factory management and occupancy review within the past 

13 36 months. The report shall include— 

14 (1) the enforcement actions being taken to ad15 dress such conditions, including imposition of civil 

16 money penalties and termination of subsidies, and 

17 identify properties that have such conditions multiple 

18 times; 

19 (2) actions that the Department of Housing and 

20 Urban Development is taking to protect tenants of 

21 such identified properties; and 

22 (3) any administrative or legislative rec23 ommendations to further improve the living condi24 tions at properties covered under a housing assistance 

25 payment contract. 


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1 SEC. 226. None of the funds made available by this 

2 Act, or any other Act, for purposes authorized under section 

3 8 (only with respect to the tenant-based rental assistance 

4 program) and section 9 of the United States Housing Act 

5 of 1937 (42 U.S.C. 1437 et seq.), may be used by any public 

6 housing agency for any amount of salary, including bo7 nuses, for the chief executive officer of which, or any other 

8 official or employee of which, that exceeds the annual rate 

9 of basic pay payable for a position at level IV of the Execu10 tive Schedule at any time during any public housing agen11 cy fiscal year 2017. 

12 SEC. 227. Section 24 of the United States Housing Act 

13 of 1937 (42 U.S.C. 1437v) is amended— 

14 (1) in subsection (m)(1), by striking ‘‘fiscal 

15 year’’ and all that follows through the period at the 

16 end and inserting ‘‘fiscal year 2017.’’; and 

17 (2) in subsection (o), by striking ‘‘September’’ 

18 and all that follows through the period at the end and 

19 inserting ‘‘September 30, 2017.’’. 

20 SEC. 228. None of the funds in this Act provided to 

21 the Department of Housing and Urban Development may 

22 be used to make a grant award unless the Secretary notifies 

23 the House and Senate Committees on Appropriations not 

24 less than 3 full business days before any project, State, lo25 cality, housing authority, tribe, nonprofit organization, or 


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1 other entity selected to receive a grant award is announced 

2 by the Department or its offices. 

3 SEC. 229. None of the funds made available by this 

4 Act may be used to require or enforce the Physical Needs 

5 Assessment (PNA). 

6 SEC. 230. None of the funds made available by this 

7 Act nor any receipts or amounts collected under any Fed8 eral Housing Administration program may be used to im9 plement the Homeowners Armed with Knowledge (HAWK) 

10 program. 

11 SEC. 231. None of the funds made available in this 

12 Act shall be used by the Federal Housing Administration, 

13 the Government National Mortgage Administration, or the 

14 Department of Housing and Urban Development to insure, 

15 securitize, or establish a Federal guarantee of any mortgage 

16 or mortgage backed security that refinances or otherwise re17 places a mortgage that has been subject to eminent domain 

18 condemnation or seizure, by a State, municipality, or any 

19 other political subdivision of a State. 

20 SEC. 232. None of the funds made available by this 

21 Act may be used to terminate the status of a unit of general 

22 local government as a metropolitan city (as defined in sec23 tion 102 of the Housing and Community Development Act 

24 of 1974 (42 U.S.C. 5302)) with respect to grants under sec25 tion 106 of such Act (42 U.S.C. 5306). 


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1 SEC. 233. Amounts made available under this Act 

2 which are either appropriated, allocated, advanced on a re3 imbursable basis, or transferred to the Office of Policy De4 velopment and Research in the Department of Housing and 

5 Urban Development and functions thereof, for research, 

6 evaluation, or statistical purposes, and which are unex7 pended at the time of completion of a contract, grant, or 

8 cooperative agreement, may be deobligated and shall imme9 diately become available and may be reobligated in that fis10 cal year or the subsequent fiscal year for the research, eval11 uation, or statistical purposes for which the amounts are 

12 made available to that Office subject to reprogramming re13 quirements in section 405 of this Act. 

14 SEC. 234. None of the funds under this title may be 

15 used for awards, including performance, special act, or 

16 spot, for any employee of the Department of Housing and 

17 Urban Development who is subject to administrative dis18 cipline in fiscal year 2017, including suspension from work. 

19 SEC. 235. Funds made available in this title under 

20 the heading ‘‘Homeless Assistance Grants’’ may be used by 

21 the Secretary to participate in Performance Partnership 

22 Pilots authorized under section 526 of division H of Public 

23 Law 113–76, section 524 of division G of Public Law 113– 

24 235, section 525 of division H of Public Law 114–113, and 

25 such authorities as are enacted for Performance Partnership 


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1 Pilots in an appropriations Act for fiscal year 2017: Pro2 vided, That such participation shall be limited to no more 

3 than 10 continuums of care and housing activities to im4 prove outcomes for disconnected youth. 

5 SEC. 236. With respect to grant amounts awarded 

6 under the heading ‘‘Homeless Assistance Grants’’ for fiscal 

7 years 2015, 2016, and 2017 for the continuum of care (CoC) 

8 program as authorized under subtitle C of title IV of the 

9 McKinney-Vento Homeless Assistance Act, costs paid by 

10 program income of grant recipients may count toward 

11 meeting the recipient’s matching requirements, provided the 

12 costs are eligible CoC costs that supplement the recipients 

13 CoC program. 

14 SEC. 237. Unobligated balances, including recaptures 

15 and carryover, remaining from funds appropriated to the 

16 Department of Housing and Urban Development for ad17 ministrative costs of the Office of Community Planning and 

18 Development associated with funds appropriated to the De19 partment for specific disaster relief and related purposes 

20 and designated by Congress as an emergency requirement 

21 pursuant to a Concurrent Resolution on the Budget or the 

22 Balanced Budget and Emergency Deficit Control Act, in23 cluding information technology costs and costs for admin24 istering and overseeing such specific disaster related funds, 

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1 penses, Community Planning and Development account for 

2 the Department, shall remain available until expended, and 

3 may be used for such administrative costs for administering 

4 any funds appropriated to the Department for any disaster 

5 relief and related purposes in any prior or future act, not6 withstanding the purposes for which such funds were appro7 priated: Provided, That the amounts transferred pursuant 

8 to this section that were previously designated by Congress 

9 as an emergency requirement pursuant to a Concurrent 

10 Resolution on the Budget or the Balanced Budget and 

11 Emergency Deficit Control Act are designated by the Con12 gress as an emergency requirement pursuant to section 

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

14 Deficit Control Act of 1985 and shall be transferred only 

15 if the President subsequently so designates the entire trans16 fer and transmits such designation to the Congress. 

17 SEC. 238. (a) Section 302 of the Lead-Based Paint 

18 Poisoning Prevention Act (42 U.S.C. 4822) is amended in 

19 subsection (e)— 

20 (1) in paragraph (1)— 

21 (i) by striking ‘‘handicapped’’ and inserting 

22 ‘‘persons with disabilities, or any 0-bedroom 

23 dwelling’’; 

24 (ii) by inserting ‘‘or’’ after ‘‘expected to re25 side;’’; and 


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1 (iii) by striking ‘‘less than 7 years of age’’ 

2 and inserting ‘‘under age 6’’; 

3 (2) in paragraph (2) by striking ‘‘; or’’ and in4 serting ‘‘.’’; and 

5 (3) by striking paragraph (3). 

6 (b) Section 1004 of the Residential Lead-Based Paint 

7 Hazard Reduction Act of 1992 (42 U.S.C. 4851b) is amend8 ed in paragraph (27)— 

9 (1) by inserting ‘‘or any 0-bedroom dwelling’’ 

10 after ‘‘disabilities,’’; and 

11 (2) by deleting ‘‘housing for the elderly or per12 sons with disabilities) or any 0 bedroom dwelling’’ 

13 and inserting ‘‘housing)’’. 

14 (c) Section 401 of the Toxic Substances Control Act 

15 (15 U.S.C. 2681) is amended in paragraph (17)— 

16 (1) by inserting ‘‘or any 0-bedroom dwelling’’ 

17 after ‘‘disabilities,’’; and 

18 (2) by deleting ‘‘housing for the elderly or per19 sons with disabilities) or any 0 bedroom dwelling’’ 

20 and inserting ‘‘housing)’’. 

21 SEC. 239. (a) CAPITAL FUND REPLACEMENT RE22 SERVES.—Section 9 of the United States Housing Act of 

23 1937 (42 U.S.C. 1437g) is amended— 

24 (1) in subsection (j), by adding at the end the 

25 following new paragraph: 


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1 ‘‘(7) TREATMENT OF REPLACEMENT RESERVE.— 

2 The requirements of this subsection shall not apply to 

3 funds held in replacement reserves established pursu4 ant to subsection (n).’’; and 

5 (2) by adding at the end the following new sub6 section: 

7 ‘‘(n) ESTABLISHMENT OF REPLACEMENT RE8 SERVES.— 

9 ‘‘(1) IN GENERAL.—Public housing agencies shall 

10 be permitted to establish a replacement reserve to 

11 fund any of the capital activities listed in subsection 

12 (d)(1). 

13 ‘‘(2) SOURCE AND AMOUNT OF FUNDS FOR RE14 PLACEMENT RESERVE.—At any time, a public hous15 ing agency may deposit funds from such agency’s 

16 Capital Fund into a replacement reserve, subject to 

17 the following: 

18 ‘‘(A) At the discretion of the Secretary, pub19 lic housing agencies may transfer and hold in a 

20 replacement reserve funds originating from addi21 tional sources. 

22 ‘‘(B) No minimum transfer of funds to a re23 placement reserve shall be required. 

24 ‘‘(C) At any time, a public housing agency 

25 may not hold in a replacement reserve more than 


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1 the amount the public housing authority has de2 termined necessary to satisfy the anticipated 

3 capital needs of properties in its portfolio as4 sisted under this section, as outlined in its Cap5 ital Fund 5-Year Action Plan, or a comparable 

6 plan, as determined by the Secretary. 

7 ‘‘(D) The Secretary may establish, by regu8 lation, a maximum replacement reserve level or 

9 levels that are below amounts determined under 

10 subparagraph (C), which may be based upon the 

11 size of the portfolio assisted under this section or 

12 other factors. 

13 ‘‘(3) TRANSFER OF OPERATING FUNDS.—In first 

14 establishing a replacement reserve, the Secretary may 

15 allow public housing agencies to transfer more than 

16 20 percent of its operating funds into its replacement 

17 reserve. 

18 ‘‘(4) EXPENDITURE.—Funds in a replacement 

19 reserve may be used for purposes authorized by sub20 section (d)(1) and contained in its Capital Fund 5- 

21 Year Action Plan. 

22 ‘‘(5) MANAGEMENT AND REPORT.—The Secretary 

23 shall establish appropriate accounting and reporting 

24 requirements to ensure that public housing agencies 

25 are spending funds on eligible projects and that funds 


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1 in the replacement reserve are connected to capital 

2 needs.’’. 

3 (b) FLEXIBILITY OF OPERATING FUND AMOUNTS.— 

4 Paragraph (1) of section 9(g) of the United States Housing 

5 Act of 1937 (42 U.S.C. 1437g(g)(1)) is amended— 

6 (1) by striking ‘‘(1)’’ and all that follows through 

7 ‘‘—Of’’ and inserting the following: 

8 ‘‘(1) FLEXIBILITY IN USE OF FUNDS.— 

9 ‘‘(A) FLEXIBILITY FOR CAPITAL FUND

10 AMOUNTS.—Of’’; and 

11 (2) by adding at the end the following new sub12 paragraph: 

13 ‘‘(B) FLEXIBILITY FOR OPERATING FUND

14 AMOUNTS.—Of any amounts appropriated for 

15 fiscal year 2017 or any fiscal year thereafter 

16 that are allocated for fiscal year 2017 or any fis17 cal year thereafter from the Operating Fund for 

18 any public housing agency, the agency may use 

19 not more than 20 percent for activities that are 

20 eligible under subsection (d) for assistance with 

21 amounts from the Capital Fund, but only if the 

22 public housing plan under section 5A for the 

23 agency provides for such use.’’. 

24 SEC. 240. Section 8(x)(2) of the United States Housing 

25 Act of 1937 (42 U.S.C. 1437f(x)) is amended by striking 


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1 ‘‘(B)’’ and all that follows up to the period and inserting 

2 the following: 

3 ‘‘(B)(i) for a period not to exceed 36 

4 months, otherwise eligible youths who have at5 tained at least 18 years of age and not more 

6 than 24 years of age and who, at age 16 or older, 

7 have left or will leave foster care within 90 days, 

8 in accordance with a transition plan described 

9 in section 475(5)(H) of the Social Security Act, 

10 and is homeless or is at risk of becoming home11 less, or (ii) except that an applicant may extend 

12 the 36-month period, if the applicant enrolls an 

13 eligible youth in a program authorized under 

14 section 23, in accordance with the length of the 

15 contract of participation for that eligible youth 

16 under section 23(c)(3)’’. 

17 SEC. 241. (a) ESTABLISHMENT.—The Secretary of 

18 Housing and Urban Development may establish, through 

19 notice in the Federal Register, a demonstration program 

20 to incentivize public housing agencies, as defined in section 

21 3(b)(6) of the United States Housing Act of 1937 (in this 

22 section referred to as ‘‘the Act’’), to implement measures to 

23 reduce their energy and water consumption. 

24 (b) ELIGIBILITY.—Public housing agencies that oper25 ate public housing programs that meet the demonstration 


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1 requirements, as determined by the Secretary, shall be eligi2 ble for participation in the demonstration. 

3 (c) INCENTIVE.—The Secretary may provide an incen4 tive to an eligible public housing agency that uses capital 

5 funds, operating funds, grants, utility rebates, and other re6 sources to reduce its energy and/or water consumption in 

7 accordance with a plan approved by the Secretary. 

8 (1) BASE UTILITY CONSUMPTION LEVEL.—The 

9 initial base utility consumption level under the ap10 proved plan shall be set at the public housing agency’s 

11 rolling base consumption level immediately prior to 

12 the installation of energy conservation measures. 

13 (2) FIRST YEAR UTILITY COST SAVINGS.—For the 

14 first year that an approved plan is in effect, the Sec15 retary shall allocate the utility consumption level in 

16 the public housing operating fund using the base util17 ity consumption level. 

18 (3) SUBSEQUENT YEAR SAVINGS.—For each sub19 sequent year that the plan is in effect, the Secretary 

20 shall decrease the utility consumption level by one 

21 percent of the initial base utility consumption level 

22 per year until the utility consumption level equals the 

23 public housing agency’s actual consumption level that 

24 followed the installation of energy conservation meas25 ures, at which time the plan will terminate. 


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1 (4) USE OF UTILITY COST SAVINGS.—The public 

2 housing agency may use the funds resulting from the 

3 energy conservation measures, in accordance with 

4 paragraphs (2) and (3), for either operating expenses, 

5 as defined by section 9(e)(1) of the Act, or capital im6 provements, as defined by section 9(d)(1) of the Act. 

7 (5) DURATION OF PLAN.—The length in years of 

8 the utility conservation plan shall not exceed the 

9 number of percentage points in utility consumption 

10 reduction a public housing agency achieves through 

11 the energy conservation measures implemented under 

12 this demonstration, but in no case shall it exceed 20 

13 years. 

14 (6) OTHER REQUIREMENTS.—The Secretary may 

15 establish such other requirements as necessary to fur16 ther the purposes of this demonstration. 

17 (7) EVALUATION.—Each public housing agency 

18 participating in the demonstration shall submit to 

19 the Secretary such performance and evaluation re20 ports concerning the reduction in energy consumption 

21 and compliance with the requirements of this section 

22 as the Secretary may require. 

23 (d) TERMINATION.—Public housing agencies may 

24 enter into this demonstration for 5 years after the date on 

25 which the demonstration program is commenced. 


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1 SEC. 242. Section 211 of the Department of Housing 

2 and Urban Development Appropriations Act, 2008, is re3 pealed. 

4 SEC. 243. (a) AUTHORITY.—To encourage families to 

5 move to lower-poverty areas and expand access to oppor6 tunity areas, the Secretary of Housing and Urban Develop7 ment (hereafter referred to as ‘‘Secretary’’) may implement 

8 a mobility demonstration to administer Housing Choice 

9 Voucher assistance under section 8(o) of the United States 

10 Housing Act of 1937 (hereafter referred to as ‘‘1937 Act’’) 

11 (42 U.S.C. 1437f(o)) for fiscal year 2017 through fiscal year 

12 2021. 

13 (b) DEMONSTRATION REQUIREMENTS.— 

14 (1) IN GENERAL.—The Secretary must establish 

15 the competitive selection criteria and requirements for 

16 participation in the demonstration. The Secretary 

17 may require participating PHAs to use a randomized 

18 selection process among the families eligible to receive 

19 mobility assistance under this demonstration. 

20 (2) REGIONAL HOUSING MOBILITY PLAN.—Appli21 cant PHAs must submit a Regional Housing Mobility 

22 Plan (hereafter referred to as ‘‘the Plan’’). 

23 (A) The Plan must meet all requirements 

24 established by the Secretary and must identify— 


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1 (i) the PHAs that will participate in 

2 the regional housing mobility program and 

3 the number of vouchers each participating 

4 PHA will make available out of its existing 

5 programs in support of the mobility dem6 onstration; 

7 (ii) any community-based organiza8 tions, nonprofit organizations, businesses, 

9 and other entities that commit to partici10 pate; 

11 (iii) any waivers or alternative re12 quirements requested for the execution of the 

13 Plan; and 

14 (iv) specific actions that the PHAs and 

15 other entities will undertake to accomplish 

16 the goals of the demonstration, which must 

17 include a comprehensive approach to enable 

18 a successful transition to opportunity areas 

19 and may include counseling and continued 

20 support for families. 

21 (B) The Plan may also establish preferences 

22 for participating families, including a preference 

23 for families with children, based on regional 

24 housing needs and priorities. 


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1 (C) The Plan may provide for the use of ex2 ception payment standards that do not exceed 

3 110 percent of the HUD-published small area 

4 Fair Market Rent for the covered exception pay5 ment standard area. 

6 (D) Units contributed by a PHA partici7 pating in a regional housing mobility program 

8 to a pool of vouchers that will be project-based 

9 within the jurisdiction of that program are ex10 empt from the percentage limitation in section 

11 8(o)(13)(B) of the 1937 Act. 

12 (c) FUNDING FOR MOBILITY-RELATED SERVICES.—In 

13 order to provide mobility-related services, PHAs partici14 pating in this demonstration may use administrative fees 

15 under section 8(q) of the 1937 Act (42 U.S.C. 1437f(q)), 

16 their administrative fee reserves, and funding from private 

17 entities. Mobility-related services may include but are not 

18 limited to such things as counseling, portability coordina19 tion, landlord outreach, and administrative activities asso20 ciated with establishing and operating a regional housing 

21 mobility program. 

22 (d) WAIVERS OR ALTERNATIVE REQUIREMENTS.— 

23 (1) In order to allow for PHAs to implement 

24 and administer their Plans, the Secretary may waive 


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1 or specify alternative requirements for the following 

2 provisions of the 1937 Act: 

3 (A) Sections 8(o)(7)(A) and 8(o)(13)(E)(i) 

4 (related to the term of a family’s assisted lease 

5 and associated mobility requirements). 

6 (B) Section 8(o)(13)(C)(i) (related to the 

7 ability of a PHA participating in a regional 

8 housing mobility program to administer assist9 ance contributed to the program consistent with 

10 the Plan identified in paragraph (2)). 

11 (C) Section 8(o)(13)(F) (related to the term 

12 of a housing assistance payments (HAP) con13 tract). 

14 (D) Section 8(r)(2) (related to the ability of 

15 a PHA participating in a regional housing mo16 bility program to administer assistance under 

17 section 8(o) anywhere within the jurisdiction of 

18 that program). 

19 (E) Section 8(x)(2) (related to the length of 

20 time a PHA may provide assistance under sec21 tion 8(o) to youth participating in the Family 

22 Unification Program (FUP)). 

23 (2) The Secretary must publish by notice in the 

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1 ments for statutory provisions no later than 10 days 

2 before the effective date of such notice. 

3 (e) IMPLEMENTATION BY NOTICE.—The Secretary may 

4 implement the demonstration, including its terms, proce5 dures, requirements, and conditions, by notice. 

6 (f) EVALUATION.—No later than five years following 

7 implementation of the regional housing mobility programs, 

8 the Secretary must publish an evaluation of the effectiveness 

9 of the demonstration, subject to the availability of funding 

10 to conduct the evaluation. 

11 SEC. 244. The language under the heading Rental As12 sistance Demonstration in the Department of Housing and 

13 Urban Development Appropriations Act, 2012 (Public Law 

14 112–55), is amended— 

15 (1) in the undesignated paragraph before the 

16 first proviso, by inserting the following before the 

17 colon: ‘‘(‘First Component’ herein)’’; 

18 (2) in the second proviso, by striking ‘‘until Sep19 tember 30, 2018’’ and inserting ‘‘for fiscal year 2012 

20 and thereafter’’; 

21 (3) in the fourth proviso, by striking ‘‘185,000’’ 

22 and inserting ‘‘250,000’’; 

23 (4) in the fourteenth, by— 

24 (A) inserting ‘‘or nonprofit’’ before ‘‘entity, 

25 then a capable entity,’’; and 


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1 (B) striking ‘‘preserves its interest’’ and in2 serting ‘‘or a nonprofit entity preserves an inter3 est’’; 

4 (5) by amending the eighteenth proviso to read 

5 as follows— 

6 ‘‘ Provided further, That for fiscal year 2012 

7 and hereafter, owners of properties assisted or 

8 previously assisted under section 101 of the 

9 Housing and Urban Development Act of 1965, 

10 section 236(f)(2) of the National Housing Act, or 

11 section 8(e)(2) of the United States Housing Act 

12 of 1937, for which a contract expires or termi13 nates due to prepayment on or after October 1, 

14 2006 has caused or results in the termination of 

15 rental assistance or affordability restrictions or 

16 both and the issuance of tenant protection vouch17 ers under section 8(o) or section 8(t) of the Act, 

18 or with a project rental assistance contract 

19 under section 202(c)(2) of Housing Act of 1959, 

20 shall be eligible, subject to requirements estab21 lished by the Secretary, including but not lim22 ited to tenant consultation procedures, for con23 version of assistance available or provided for 

24 such vouchers or assistance contracts, to assist25 ance under a long-term project-based subsidy 


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1 contract under section 8 of the Act, which shall 

2 have a term of no less than 20 years, which shall 

3 have initial rents set at comparable market rents 

4 for the market area, with subsequent rent adjust5 ments only by an operating cost factor estab6 lished by the Secretary, and which shall be eligi7 ble for renewal under section 524 of the Multi8 family Assisted Housing Reform and Afford9 ability Act of 1997 (42 U.S.C. 1437f note), or, 

10 subject to agreement of the administering public 

11 housing agency, to assistance under section 

12 8(o)(13) of the Act, to which the limitation 

13 under subparagraph (B) of section 8(o)(13) of 

14 the Act shall not apply and for which the Sec15 retary may waive or alter the provisions of sub16 paragraphs (C) and (D) of section 8(o)(13) of the 

17 Act (‘‘Second Component’’ herein):’’; 

18 (6) by inserting the following proviso before the 

19 nineteenth: ‘‘Provided further, That conversions of as20 sistance under the Second Component may not be the 

21 basis for re-screening or termination of assistance or 

22 eviction of any tenant family in a property partici23 pating in the demonstration:’’; 

24 (7) in the twentieth, as amended (reordered) 

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1 lows through the end of the proviso and inserting 

2 ‘‘Second Component, except for conversion of Section 

3 202 project rental assistance contracts, shall be avail4 able for project-based subsidy contracts entered into 

5 pursuant to the Second Component:’’; 

6 (8) in the twenty-first proviso, as amended (reor7 dered) above, by striking ‘‘previous two provisos’’ and 

8 inserting ‘‘Second Component, except for conversion 

9 of section 202 project rental assistance contracts,’’; 

10 (9) in the twenty-second proviso, as amended 

11 (reordered) above, by striking ‘‘three previous pro12 visos’’ and inserting ‘‘Second Component, except for 

13 conversion of section 202 project rental assistance 

14 contracts,’’; 

15 (10) by inserting the following proviso before the 

16 twenty-third proviso, as amended (reordered) above: 

17 ‘‘Provided further, That the Secretary may transfer 

18 amounts made available under the heading ‘Housing 

19 for the Elderly’ to the accounts under the headings 

20 ‘Project-Based Rental Assistance’ or ‘Tenant-Based 

21 Rental Assistance’ to facilitate any Section 202 

22 project rental assistance contract conversions under 

23 the Second Component, and any increase in cost for 

24 ‘Project-Based Rental Assistance’ or ‘Tenant-Based 


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1 Rental Assistance’ associated with such conversion 

2 shall be equal to amounts so transferred:’’; and 

3 (11) in the twenty-fourth proviso, as amended 

4 (reordered) above, by striking ‘‘previous four pro5 visos’’ and inserting ‘‘Second Component, as applica6 ble,’’. 

7 SEC. 245. The Secretary shall establish by notice such 

8 requirements as may be necessary to implement section 

9 78001 of title LXXVIII of the Fixing America’s Surface 

10 Transportation Act (Public Law 114–94), and the notice 

11 shall take effect upon issuance: Provided, That the Secretary 

12 shall commence rulemaking based on the initial notice no 

13 later than the expiration of the 6-month period following 

14 issuance of the notice and the rulemaking shall allow for 

15 the opportunity for public comment. 

16 SEC. 246. For fiscal year 2017 and hereafter, the Sec17 retary of Housing and Urban Development may use 

18 amounts made available for the continuum of care program 

19 under the ‘‘Homeless Assistance Grants’’ heading under this 

20 title to renew the grant originally awarded under the head21 ing ‘‘Department of Housing and Urban Development— 

22 Permanent Supportive Housing’’ in chapter 6 of title III 

23 of the Supplemental Appropriations Act, 2008 (Public Law 

24 110–252; 122 Stat. 2351) in the continuum of care pro25 gram, authorized under subtitle C of title IV of the McKinVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00343 Fmt 6652 Sfmt 6203 E:\BILLS\H2577.PP H2577

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1 ney-Vento Homeless Assistance Act (42 U.S.C. 11301 et 

2 seq.). Notwithstanding any provision of law, for purposes 

3 of grant application and renewal, the State of Louisiana 

4 may continue to permit a program participant to receive 

5 or retain tenant-based rental assistance outside the con6 tinuum of care’s geographic area, and the funding of such 

7 assistance shall not be considered operation of a continuum 

8 of care in more than one geographic area. 

9 SEC. 247. Section 428 of the McKinney-Vento Home10 less Assistance Act (42 U.S.C. 11386b) is amended by add11 ing at the end of the section, subsection (f) to read as fol12 lows: 

13 ‘‘(f) TRANSITION FOR REALLOCATED GRANT.— 

14 ‘‘(1) From amounts under this subtitle made 

15 available to carry out subtitle B and this subtitle, the 

16 Secretary may award one-year transition grants to 

17 recipients to transition from one Continuum of Care 

18 program component to another. 

19 ‘‘(2) In order to be eligible to receive a transition 

20 grant, the project must have the consent of the Con21 tinuum of Care, and meet standards determined by 

22 the Secretary.’’. 

23 SEC. 248. Section 218(g) of the Cranston-Gonzalez Na24 tional Affordable Housing Act (42 U.S.C. 12748(g)) shall 

25 not apply with respect to the right of a jurisdiction to draw 


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1 funds from its HOME Investment Trust Fund that other2 wise expired or would expire in 2016, 2017, 2018, or 2019 

3 under that section. 

4 SEC. 249. None of the funds made available under this 

5 Act shall be used to provide housing assistance benefits for 

6 an individual who is convicted of— 

7 (1) aggravated sexual abuse under section 2241 

8 of title 18, United States Code; 

9 (2) murder under section 1111 of title 18, United 

10 States Code; or 

11 (3) any other Federal or State offense involv12 ing— 

13 (A) severe forms of trafficking in persons or 

14 sex trafficking, as those terms are defined in 

15 paragraphs (9) and (10), respectively, of section 

16 103 of the Trafficking Victims Protection Act of 

17 2000 (22 U.S.C. 7102); or 

18 (B) child pornography, as defined in section 

19 2256 of title 18, United States Code. 

20 SEC. 250. (a) Not later than 90 days after the date 

21 of enactment of this Act, the Secretary of Housing and 

22 Urban Development shall prepare a report, and post the 

23 report on the public website of the Department of Housing 

24 and Urban Development (in this section referred to as the 

25 ‘‘Department’’), regarding Real Estate Assessment Center 


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1 (in this section referred to as ‘‘REAC’’) inspections of all 

2 properties assisted, insured, or both, under a program of 

3 the Department, which shall include— 

4 (1) the percentage of all inspected properties that 

5 received a REAC-inspected score of less than 65 with6 in the last 48 months; 

7 (2) the number of properties in which the most 

8 recent REAC-inspected score represented a decline rel9 ative to the previous REAC score; 

10 (3) a list of the 10 metropolitan statistical areas 

11 with the lowest average REAC-inspected scores for all 

12 inspected properties; and 

13 (4) a list of the 10 States with the lowest average 

14 REAC-inspected scores for all inspected properties. 

15 (b) The Comptroller General of the United States shall 

16 prepare a report, and post the report on the public website 

17 of the Government Accountability Office, regarding areas 

18 in which REAC inspections of all properties assisted, in19 sured, or both, under a program of the Department should 

20 be reformed and improved. 

21 SEC. 251. None of the funds made available by this 

22 Act may be used by the Department of Housing and Urban 

23 Development to direct a grantee to undertake specific 

24 changes to existing zoning laws as part of carrying out the 

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1 ing’’ (80 Fed. Reg. 42272 (July 16, 2015)) or the notice 

2 entitled ‘‘Affirmatively Furthering Fair Housing Assess3 ment Tool’’ (79 Fed. Reg. 57949 (September 26, 2014)). 

4 This title may be cited as the ‘‘Department of Housing 

5 and Urban Development Appropriations Act, 2017’’. 

6 TITLE III 

7 RELATED AGENCIES 

8 ACCESS BOARD

9 SALARIES AND EXPENSES

10 For expenses necessary for the Access Board, as author11 ized by section 502 of the Rehabilitation Act of 1973, as 

12 amended, $8,190,000: Provided, That, notwithstanding any 

13 other provision of law, there may be credited to this appro14 priation funds received for publications and training ex15 penses. 

16 FEDERAL MARITIME COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses of the Federal Maritime Com19 mission, as authorized by section 201(d) of the Merchant 

20 Marine Act, 1936, as amended (46 U.S.C. 307), including 

21 services as authorized by 5 U.S.C. 3109; hire of passenger 

22 motor vehicles as authorized by 31 U.S.C. 1343(b); and uni23 forms or allowances therefor, as authorized by 5 U.S.C. 

24 5901–5902, $27,490,000: Provided, That not to exceed 


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1 $2,000 shall be available for official reception and represen2 tation expenses. 

3 NATIONAL RAILROAD PASSENGER CORPORATION

4 OFFICE OF INSPECTOR GENERAL

5 SALARIES AND EXPENSES

6 For necessary expenses of the Office of Inspector Gen7 eral for the National Railroad Passenger Corporation to 

8 carry out the provisions of the Inspector General Act of 

9 1978, as amended, $23,274,000: Provided, That the Inspec10 tor General shall have all necessary authority, in carrying 

11 out the duties specified in the Inspector General Act, as 

12 amended (5 U.S.C. App. 3), to investigate allegations of 

13 fraud, including false statements to the government (18 

14 U.S.C. 1001), by any person or entity that is subject to 

15 regulation by the National Railroad Passenger Corpora16 tion: Provided further, That the Inspector General may 

17 enter into contracts and other arrangements for audits, 

18 studies, analyses, and other services with public agencies 

19 and with private persons, subject to the applicable laws and 

20 regulations that govern the obtaining of such services within 

21 the National Railroad Passenger Corporation: Provided 

22 further, That the Inspector General may select, appoint, 

23 and employ such officers and employees as may be nec24 essary for carrying out the functions, powers, and duties 

25 of the Office of Inspector General, subject to the applicable 


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1 laws and regulations that govern such selections, appoint2 ments, and employment within the Corporation: Provided 

3 further, That concurrent with the President’s budget request 

4 for fiscal year 2018, the Inspector General shall submit to 

5 the House and Senate Committees on Appropriations a 

6 budget request for fiscal year 2018 in similar format and 

7 substance to those submitted by executive agencies of the 

8 Federal Government. 

9 NATIONAL TRANSPORTATION SAFETY BOARD

10 SALARIES AND EXPENSES

11 For necessary expenses of the National Transportation 

12 Safety Board, including hire of passenger motor vehicles 

13 and aircraft; services as authorized by 5 U.S.C. 3109, but 

14 at rates for individuals not to exceed the per diem rate 

15 equivalent to the rate for a GS–15; uniforms, or allowances 

16 therefor, as authorized by law (5 U.S.C. 5901–5902), 

17 $106,000,000, of which not to exceed $2,000 may be used 

18 for official reception and representation expenses. The 

19 amounts made available to the National Transportation 

20 Safety Board in this Act include amounts necessary to 

21 make lease payments on an obligation incurred in fiscal 

22 year 2001 for a capital lease. 


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1 NEIGHBORHOOD REINVESTMENT CORPORATION

2 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

3 CORPORATION

4 For payment to the Neighborhood Reinvestment Cor5 poration for use in neighborhood reinvestment activities, as 

6 authorized by the Neighborhood Reinvestment Corporation 

7 Act (42 U.S.C. 8101–8107), $135,000,000, of which 

8 $5,000,000 shall be for a multi-family rental housing pro9 gram. 

10 UNITED STATES INTERAGENCY COUNCIL ON

11 HOMELESSNESS

12 OPERATING EXPENSES

13 For necessary expenses (including payment of salaries, 

14 authorized travel, hire of passenger motor vehicles, the rent15 al of conference rooms, and the employment of experts and 

16 consultants under section 3109 of title 5, United States 

17 Code) of the United States Interagency Council on Home18 lessness in carrying out the functions pursuant to title II 

19 of the McKinney-Vento Homeless Assistance Act, as amend20 ed, $3,600,000: Provided, That title II of the McKinney21 Vento Homeless Assistance Act (42 U.S.C. 11319) is amend22 ed by striking ‘‘October 1, 2017’’ in section 209 and insert23 ing ‘‘October 1, 2018’’ and in section 204(a) by striking 

24 ‘‘level V’’ and inserting ‘‘level IV’’. 


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1 SEC. 301. Not later than 24 months after the date of 

2 enactment of this Act, the United States Interagency Coun3 cil on Homelessness shall submit to Congress a report that 

4 assesses how Federal housing programs and Federal health 

5 programs could better collaborate to reduce costs and im6 prove health and housing outcomes, in particular for— 

7 (1) chronically homeless individuals; 

8 (2) homeless individuals with behavioral health 

9 conditions; and 

10 (3) homeless children, including infants, in fami11 lies that— 

12 (A) receive housing assistance under pro13 grams administered by the Federal Government; 

14 or 

15 (B) could benefit from grant programs ad16 ministered by the Federal Government. 

17 SURFACE TRANSPORTATION BOARD

18 SALARIES AND EXPENSES

19 For necessary expenses of the Surface Transportation 

20 Board, including services authorized by 5 U.S.C. 3109, 

21 $37,000,000: Provided, That notwithstanding any other 

22 provision of law, not to exceed $1,250,000 from fees estab23 lished by the Chairman of the Surface Transportation 

24 Board shall be credited to this appropriation as offsetting 

25 collections and used for necessary and authorized expenses 


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1 under this heading: Provided further, That the sum herein 

2 appropriated from the general fund shall be reduced by a 

3 dollar-for-dollar basis as such offsetting collections are re4 ceived during fiscal year 2017, to result in a final appro5 priation from the general fund estimated at no more than 

6 $35,750,000. 

7 TITLE IV 

8 GENERAL PROVISIONS—THIS ACT 

9 SEC. 401. None of the funds in this Act shall be used 

10 for the planning or execution of any program to pay the 

11 expenses of, or otherwise compensate, non-Federal parties 

12 intervening in regulatory or adjudicatory proceedings fund13 ed in this Act. 

14 SEC. 402. None of the funds appropriated in this Act 

15 shall remain available for obligation beyond the current fis16 cal year, nor may any be transferred to other appropria17 tions, unless expressly so provided herein. 

18 SEC. 403. The expenditure of any appropriation under 

19 this Act for any consulting service through a procurement 

20 contract pursuant to section 3109 of title 5, United States 

21 Code, shall be limited to those contracts where such expendi22 tures are a matter of public record and available for public 

23 inspection, except where otherwise provided under existing 

24 law, or under existing Executive order issued pursuant to 

25 existing law. 


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1 SEC. 404. (a) None of the funds made available in the 

2 Act may be obligated or expended for any employee training 

3 that— 

4 (1) does not meet identified needs for knowledge, 

5 skills, and abilities bearing directly upon the perform6 ance of official duties; 

7 (2) contains elements likely to induce high levels 

8 of emotional response or psychological stress in some 

9 participants; 

10 (3) does not require prior employee notification 

11 of the content and methods to be used in the training 

12 and written end of course evaluation; 

13 (4) contains any methods or content associated 

14 with religious or quasi-religious belief systems or 

15 ‘‘new age’’ belief systems as defined in Equal Employ16 ment Opportunity Commission Notice 915.022, dated 

17 September 2, 1988; or 

18 (5) is offensive to, or designed to change, partici19 pants’ personal values or lifestyle outside the work20 place. 

21 (b) Nothing in this section shall prohibit, restrict, or 

22 otherwise preclude an agency from conducting training 

23 bearing directly upon the performance of official duties. 

24 SEC. 405. Except as otherwise provided in this Act, 

25 none of the funds provided in this Act, provided by previous 


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1 appropriations Acts to the agencies or entities funded in 

2 this Act that remain available for obligation or expenditure 

3 in fiscal year 2017, or provided from any accounts in the 

4 Treasury derived by the collection of fees and available to 

5 the agencies funded by this Act, shall be available for obliga6 tion or expenditure through a reprogramming of funds 

7 that— 

8 (1) creates a new program; 

9 (2) eliminates a program, project, or activity; 

10 (3) increases funds or personnel for any pro11 gram, project, or activity for which funds have been 

12 denied or restricted by the Congress; 

13 (4) proposes to use funds directed for a specific 

14 activity by either the House or Senate Committees on 

15 Appropriations for a different purpose; 

16 (5) augments existing programs, projects, or ac17 tivities in excess of $5,000,000 or 10 percent, which18 ever is less; 

19 (6) reduces existing programs, projects, or activi20 ties by $5,000,000 or 10 percent, whichever is less; or 

21 (7) creates, reorganizes, or restructures a branch, 

22 division, office, bureau, board, commission, agency, 

23 administration, or department different from the 

24 budget justifications submitted to the Committees on 

25 Appropriations or the table accompanying the explanVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00354 Fmt 6652 Sfmt 6203 E:\BILLS\H2577.PP H2577

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1 atory statement accompanying this Act, whichever is 

2 more detailed, unless prior approval is received from 

3 the House and Senate Committees on Appropriations: 

4 Provided, That not later than 60 days after the date 

5 of enactment of this Act, each agency funded by this 

6 Act shall submit a report to the Committees on Ap7 propriations of the Senate and of the House of Rep8 resentatives to establish the baseline for application of 

9 reprogramming and transfer authorities for the cur10 rent fiscal year: Provided further, That the report 

11 shall include— 

12 (A) a table for each appropriation with a 

13 separate column to display the prior year en14 acted level, the President’s budget request, adjust15 ments made by Congress, adjustments due to en16 acted rescissions, if appropriate, and the fiscal 

17 year enacted level; 

18 (B) a delineation in the table for each ap19 propriation and its respective prior year enacted 

20 level by object class and program, project, and 

21 activity as detailed in the budget appendix for 

22 the respective appropriation; and 

23 (C) an identification of items of special con24 gressional interest. 


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1 SEC. 406. Except as otherwise specifically provided by 

2 law, not to exceed 50 percent of unobligated balances re3 maining available at the end of fiscal year 2017 from ap4 propriations made available for salaries and expenses for 

5 fiscal year 2017 in this Act, shall remain available through 

6 September 30, 2018, for each such account for the purposes 

7 authorized: Provided, That a request shall be submitted to 

8 the House and Senate Committees on Appropriations for 

9 approval prior to the expenditure of such funds: Provided 

10 further, That these requests shall be made in compliance 

11 with reprogramming guidelines under section 405 of this 

12 Act. 

13 SEC. 407. No funds in this Act may be used to support 

14 any Federal, State, or local projects that seek to use the 

15 power of eminent domain, unless eminent domain is em16 ployed only for a public use: Provided, That for purposes 

17 of this section, public use shall not be construed to include 

18 economic development that primarily benefits private enti19 ties: Provided further, That any use of funds for mass tran20 sit, railroad, airport, seaport or highway projects, as well 

21 as utility projects which benefit or serve the general public 

22 (including energy-related, communication-related, water-re23 lated and wastewater-related infrastructure), other struc24 tures designated for use by the general public or which have 

25 other common-carrier or public-utility functions that serve 


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1 the general public and are subject to regulation and over2 sight by the government, and projects for the removal of an 

3 immediate threat to public health and safety or brownfields 

4 as defined in the Small Business Liability Relief and 

5 Brownfields Revitalization Act (Public Law 107–118) shall 

6 be considered a public use for purposes of eminent domain. 

7 SEC. 408. None of the funds made available in this 

8 Act may be transferred to any department, agency, or in9 strumentality of the United States Government, except pur10 suant to a transfer made by, or transfer authority provided 

11 in, this Act or any other appropriations Act. 

12 SEC. 409. No part of any appropriation contained in 

13 this Act shall be available to pay the salary for any person 

14 filling a position, other than a temporary position, formerly 

15 held by an employee who has left to enter the Armed Forces 

16 of the United States and has satisfactorily completed his 

17 or her period of active military or naval service, and has 

18 within 90 days after his or her release from such service 

19 or from hospitalization continuing after discharge for a pe20 riod of not more than 1 year, made application for restora21 tion to his or her former position and has been certified 

22 by the Office of Personnel Management as still qualified to 

23 perform the duties of his or her former position and has 

24 not been restored thereto. 


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1 SEC. 410. No funds appropriated pursuant to this Act 

2 may be expended by an entity unless the entity agrees that 

3 in expending the assistance the entity will comply with sec4 tions 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 

5 8301–8305, popularly known as the ‘‘Buy American Act’’). 

6 SEC. 411. No funds appropriated or otherwise made 

7 available under this Act shall be made available to any per8 son or entity that has been convicted of violating the Buy 

9 American Act (41 U.S.C. 8301–8305). 

10 SEC. 412. None of the funds made available in this 

11 Act may be used for first-class airline accommodations in 

12 contravention of sections 301–10.122 and 301–10.123 of 

13 title 41, Code of Federal Regulations. 

14 SEC. 413. (a) None of the funds made available by this 

15 Act may be used to approve a new foreign air carrier per16 mit under sections 41301 through 41305 of title 49, United 

17 States Code, or exemption application under section 40109 

18 of that title of an air carrier already holding an air opera19 tors certificate issued by a country that is party to the U.S.- 

20 E.U.-Iceland-Norway Air Transport Agreement where such 

21 approval would contravene United States law or Article 17 

22 bis of the U.S.-E.U.-Iceland-Norway Air Transport Agree23 ment. 

24 (b) Nothing in this section shall prohibit, restrict or 

25 otherwise preclude the Secretary of Transportation from 


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1 granting a foreign air carrier permit or an exemption to 

2 such an air carrier where such authorization is consistent 

3 with the U.S.-E.U.-Iceland-Norway Air Transport Agree4 ment and United States law. 

5 SEC. 414. None of the funds made available in this 

6 Act may be used to send or otherwise pay for the attendance 

7 of more than 50 employees of a single agency or department 

8 of the United States Government, who are stationed in the 

9 United States, at any single international conference unless 

10 the relevant Secretary reports to the House and Senate 

11 Committees on Appropriations at least 5 days in advance 

12 that such attendance is important to the national interest: 

13 Provided, That for purposes of this section the term ‘‘inter14 national conference’’ shall mean a conference occurring out15 side of the United States attended by representatives of the 

16 United States Government and of foreign governments, 

17 international organizations, or nongovernmental organiza18 tions. 

19 SEC. 415. None of the funds appropriated or otherwise 

20 made available under this Act may be used by the Surface 

21 Transportation Board to charge or collect any filing fee for 

22 rate or practice complaints filed with the Board in an 

23 amount in excess of the amount authorized for district court 

24 civil suit filing fees under section 1914 of title 28, United 

25 States Code. 


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1 SEC. 416. None of the funds made available by this 

2 Act may be used by the Department of Transportation, the 

3 Department of Housing and Urban Development, or any 

4 other Federal agency under this Act to lease or purchase 

5 new light duty vehicles for any executive fleet, or for an 

6 agency’s fleet inventory, except in accordance with Presi7 dential Memorandum—Federal Fleet Performance, dated 

8 May 24, 2011. 

9 SEC. 417. (a) None of the funds made available in this 

10 Act may be used to deny an Inspector General funded under 

11 this Act timely access to any records, documents, or other 

12 materials available to the department or agency over which 

13 that Inspector General has responsibilities under the In14 spector General Act of 1978 (5 U.S.C. App.), or to prevent 

15 or impede that Inspector General’s access to such records, 

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

17 except a provision of law that expressly refers to the Inspec18 tor General and expressly limits the Inspector General’s 

19 right of access. 

20 (b) A department or agency covered by this section 

21 shall provide its Inspector General with access to all such 

22 records, documents, and other materials in a timely man23 ner. 

24 (c) Each Inspector General shall ensure compliance 

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1 formation provided by the establishment over which that In2 spector General has responsibilities under the Inspector 

3 General Act of 1978 (5 U.S.C. App.). 

4 (d) Each Inspector General covered by this section 

5 shall report to the Committees on Appropriations of the 

6 House of Representatives and the Senate within 5 calendar 

7 days any failures to comply with this requirement. 

8 This Act may be cited as the ‘‘Transportation, Hous9 ing and Urban Development, and Related Agencies Appro10 priations Act, 2017’’. 

11 DIVISION B—MILITARY CONSTRUCTION, 

12 THE DEPARTMENT OF VETERANS AF13 FAIRS, AND RELATED AGENCIES 

14 The following sums are appropriated, out of any 

15 money in the Treasury not otherwise appropriated, for 

16 military construction, the Department of Veterans Affairs, 

17 and related agencies for the fiscal year ending September 

18 30, 2017, and for other purposes, namely: 

19 TITLE I 

20 DEPARTMENT OF DEFENSE 

21 MILITARY CONSTRUCTION, ARMY

22 For acquisition, construction, installation, and equip23 ment of temporary or permanent public works, military in24 stallations, facilities, and real property for the Army as 

25 currently authorized by law, including personnel in the 


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1 Army Corps of Engineers and other personal services nec2 essary for the purposes of this appropriation, and for con3 struction and operation of facilities in support of the func4 tions of the Commander in Chief, $532,359,000, to remain 

5 available until September 30, 2021. 

6 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

7 For acquisition, construction, installation, and equip8 ment of temporary or permanent public works, naval in9 stallations, facilities, and real property for the Navy and 

10 Marine Corps as currently authorized by law, including 

11 personnel in the Naval Facilities Engineering Command 

12 and other personal services necessary for the purposes of this 

13 appropriation, $1,087,572,000, to remain available until 

14 September 30, 2021. 

15 MILITARY CONSTRUCTION, AIR FORCE

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

19 as currently authorized by law, $1,579,798,000, to remain 

20 available until September 30, 2021. 

21 MILITARY CONSTRUCTION, DEFENSE-WIDE

22 (INCLUDING TRANSFER OF FUNDS)

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1 cies of the Department of Defense (other than the military 

2 departments), as currently authorized by law, 

3 $2,038,980,000, to remain available until September 30, 

4 2021: Provided, That such amounts of this appropriation 

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

6 transferred to such appropriations of the Department of De7 fense available for military construction or family housing 

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

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

10 period, as the appropriation or fund to which transferred. 

11 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

12 For construction, acquisition, expansion, rehabilita13 tion, and conversion of facilities for the training and ad14 ministration of the Army National Guard, and contribu15 tions therefor, as authorized by chapter 1803 of title 10, 

16 United States Code, and Military Construction Authoriza17 tion Acts, $232,930,000, to remain available until Sep18 tember 30, 2021. 

19 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

20 For construction, acquisition, expansion, rehabilita21 tion, and conversion of facilities for the training and ad22 ministration of the Air National Guard, and contributions 

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

24 States Code, and Military Construction Authorization Acts, 


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1 $143,957,000, to remain available until September 30, 

2 2021. 

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. 

10 MILITARY CONSTRUCTION, NAVY RESERVE

11 For construction, acquisition, expansion, rehabilita12 tion, and conversion of facilities for the training and ad13 ministration of the reserve components of the Navy and Ma14 rine Corps as authorized by chapter 1803 of title 10, United 

15 States Code, and Military Construction Authorization Acts, 

16 $38,597,000, to remain available until September 30, 2021. 

17 MILITARY CONSTRUCTION, AIR FORCE RESERVE

18 For construction, acquisition, expansion, rehabilita19 tion, and conversion of facilities for the training and ad20 ministration of the Air Force Reserve as authorized by 

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

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

23 available until September 30, 2021. 


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1 NORTH ATLANTIC TREATY ORGANIZATION

2 SECURITY INVESTMENT PROGRAM

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

4 Atlantic Treaty Organization Security Investment Pro5 gram for the acquisition and construction of military facili6 ties and installations (including international military 

7 headquarters) and for related expenses for the collective de8 fense of the North Atlantic Treaty Area as authorized by 

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

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

11 available until expended. 

12 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

13 For deposit into the Department of Defense Base Clo14 sure Account, established by section 2906(a) of the Defense 

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

16 note), $205,237,000, to remain available until expended. 

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 OPERATION AND MAINTENANCE, NAVY

23 AND MARINE CORPS

24 For expenses of family housing for the Navy and Ma25 rine Corps for operation and maintenance, including debt 


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1 payment, leasing, minor construction, principal and inter2 est charges, and insurance premiums, as authorized by law, 

3 $300,915,000. 

4 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

5 FORCE

6 For expenses of family housing for the Air Force for 

7 operation and maintenance, including debt payment, leas8 ing, minor construction, principal and interest charges, 

9 and insurance premiums, as authorized by law, 

10 $274,429,000. 

11 FAMILY HOUSING OPERATION AND MAINTENANCE, 

12 DEFENSE-WIDE

13 For expenses of family housing for the activities and 

14 agencies of the Department of Defense (other than the mili15 tary departments) for operation and maintenance, leasing, 

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

17 DEPARTMENT OF DEFENSE FAMILY HOUSING

18 IMPROVEMENT FUND

19 For the Department of Defense Family Housing Im20 provement Fund, $3,258,000, to remain available until ex21 pended, for family housing initiatives undertaken pursuant 

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

23 alternative means of acquiring and improving military 

24 family housing and supporting facilities. 


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1 FAMILY HOUSING CONSTRUCTION, ARMY

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

5 $200,735,000, to remain available until September 30, 

6 2021. 

7 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

8 CORPS

9 For expenses of family housing for the Navy and Ma10 rine Corps for construction, including acquisition, replace11 ment, addition, expansion, extension, and alteration, as au12 thorized by law, $94,011,000, to remain available until 

13 September 30, 2021. 

14 FAMILY HOUSING CONSTRUCTION, AIR FORCE

15 For expenses of family housing for the Air Force for 

16 construction, including acquisition, replacement, addition, 

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

18 $61,352,000, to remain available until September 30, 2021. 

19 ADMINISTRATIVE PROVISIONS

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

21 title shall be expended for payments under a cost-plus-a22 fixed-fee contract for construction, where cost estimates ex23 ceed $25,000, to be performed within the United States, ex24 cept Alaska, without the specific approval in writing of the 

25 Secretary of Defense setting forth the reasons therefor. 


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1 SEC. 102. Funds made available in this title for con2 struction shall be available for hire of passenger motor vehi3 cles. 

4 SEC. 103. Funds made available in this title for con5 struction may be used for advances to the Federal Highway 

6 Administration, Department of Transportation, for the con7 struction of access roads as authorized by section 210 of 

8 title 23, United States Code, when projects authorized there9 in are certified as important to the national defense by the 

10 Secretary of Defense. 

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

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

13 United States for which specific appropriations have not 

14 been made. 

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

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

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

18 Army Corps of Engineers or the Naval Facilities Engineer19 ing Command, except: (1) where there is a determination 

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

21 the Attorney General or the designee of the Attorney Gen22 eral; (3) where the estimated value is less than $25,000; or 

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

24 be in the public interest. 


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

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

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

4 except housing for which funds have been made available 

5 in annual Acts making appropriations for military con6 struction. 

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

8 title for minor construction may be used to transfer or relo9 cate any activity from one base or installation to another, 

10 without prior notification to the Committees on Appropria11 tions of both Houses of Congress. 

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

13 title may be used for the procurement of steel for any con14 struction project or activity for which American steel pro15 ducers, fabricators, and manufacturers have been denied the 

16 opportunity to compete for such steel procurement. 

17 SEC. 109. None of the funds available to the Depart18 ment of Defense for military construction or family housing 

19 during the current fiscal year may be used to pay real prop20 erty taxes in any foreign nation. 

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

22 title may be used to initiate a new installation overseas 

23 without prior notification to the Committees on Appropria24 tions of both Houses of Congress. 


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

2 title may be obligated for architect and engineer contracts 

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

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

5 Organization member country, or in countries bordering the 

6 Arabian Gulf, unless such contracts are awarded to United 

7 States firms or United States firms in joint venture with 

8 host nation firms. 

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

10 title for military construction in the United States terri11 tories and possessions in the Pacific and on Kwajalein 

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

13 used to award any contract estimated by the Government 

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

15 this section shall not be applicable to contract awards for 

16 which the lowest responsive and responsible bid of a United 

17 States contractor exceeds the lowest responsive and respon18 sible bid of a foreign contractor by greater than 20 percent: 

19 Provided further, That this section shall not apply to con20 tract awards for military construction on Kwajalein Atoll 

21 for which the lowest responsive and responsible bid is sub22 mitted by a Marshallese contractor. 

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

24 appropriate committees of both Houses of Congress, includ25 ing the Committees on Appropriations, of plans and scope 


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1 of any proposed military exercise involving United States 

2 personnel 30 days prior to its occurring, if amounts ex3 pended for construction, either temporary or permanent, 

4 are anticipated to exceed $100,000. 

5 SEC. 114. Funds appropriated to the Department of 

6 Defense for construction in prior years shall be available 

7 for construction authorized for each such military depart8 ment by the authorizations enacted into law during the cur9 rent session of Congress. 

10 SEC. 115. For military construction or family housing 

11 projects that are being completed with funds otherwise ex12 pired or lapsed for obligation, expired or lapsed funds may 

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

14 overhead, engineering and design on those projects and on 

15 subsequent claims, if any. 

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

17 any funds made available to a military department or de18 fense agency for the construction of military projects may 

19 be obligated for a military construction project or contract, 

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

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

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

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

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

25 do not exceed the amount appropriated for such project, 


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1 plus any amount by which the cost of such project is in2 creased pursuant to law. 

3 (INCLUDING TRANSFER OF FUNDS)

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

5 days for a notification provided in an electronic medium 

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

7 Code, to the Committees on Appropriations of both Houses 

8 of Congress, such additional amounts as may be determined 

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

10 Department of Defense Family Housing Improvement Fund 

11 from amounts appropriated for construction in ‘‘Family 

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

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

14 amounts appropriated directly to the Fund; or (2) the De15 partment of Defense Military Unaccompanied Housing Im16 provement Fund from amounts appropriated for construc17 tion of military unaccompanied housing in ‘‘Military Con18 struction’’ accounts, to be merged with and to be available 

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

20 amounts appropriated directly to the Fund: Provided, That 

21 appropriations made available to the Funds shall be avail22 able to cover the costs, as defined in section 502(5) of the 

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

24 guarantees issued by the Department of Defense pursuant 

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


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1 10, United States Code, pertaining to alternative means of 

2 acquiring and improving military family housing, military 

3 unaccompanied housing, and supporting facilities. 

4 (INCLUDING TRANSFER OF FUNDS)

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

6 available to the Department of Defense, amounts may be 

7 transferred from the Department of Defense Base Closure 

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

9 Demonstration Cities and Metropolitan Development Act of 

10 1966 (42 U.S.C. 3374) to pay for expenses associated with 

11 the Homeowners Assistance Program incurred under 42 

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

13 merged with and be available for the same purposes and 

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

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

16 funds made available in this title for operation and mainte17 nance of family housing shall be the exclusive source of 

18 funds for repair and maintenance of all family housing 

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

20 That not more than $35,000 per unit may be spent annu21 ally for the maintenance and repair of any general or flag 

22 officer quarters without 30 days prior notification, or 14 

23 days for a notification provided in an electronic medium 

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

25 Code, to the Committees on Appropriations of both Houses 


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

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

3 associated with environmental remediation that could not 

4 be reasonably anticipated at the time of the budget submis5 sion: Provided further, That the Under Secretary of Defense 

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

7 Appropriations of both Houses of Congress all operation 

8 and maintenance expenditures for each individual general 

9 or flag officer quarters for the prior fiscal year. 

10 SEC. 120. Amounts contained in the Ford Island Im11 provement Account established by subsection (h) of section 

12 2814 of title 10, United States Code, are appropriated and 

13 shall be available until expended for the purposes specified 

14 in subsection (i)(1) of such section or until transferred pur15 suant to subsection (i)(3) of such section. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 121. During the 5-year period after appropria18 tions available in this Act to the Department of Defense 

19 for military construction and family housing operation and 

20 maintenance and construction have expired for obligation, 

21 upon a determination that such appropriations will not be 

22 necessary for the liquidation of obligations or for making 

23 authorized adjustments to such appropriations for obliga24 tions incurred during the period of availability of such ap25 propriations, unobligated balances of such appropriations 


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1 may be transferred into the appropriation ‘‘Foreign Cur2 rency Fluctuations, Construction, Defense’’, to be merged 

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

4 the same purposes as the appropriation to which trans5 ferred. 

6 SEC. 122. Amounts appropriated or otherwise made 

7 available in an account funded under the headings in this 

8 title may be transferred among projects and activities with9 in the account in accordance with the reprogramming 

10 guidelines for military construction and family housing 

11 construction contained in Department of Defense Financial 

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

13 of February 2009, as in effect on the date of enactment of 

14 this Act. 

15 SEC. 123. None of the funds made available in this 

16 title may be obligated or expended for planning and design 

17 and construction of projects at Arlington National Ceme18 tery. 

19 SEC. 124. For the purposes of this Act, the term ‘‘con20 gressional defense committees’’ means the Committees on 

21 Armed Services of the House of Representatives and the 

22 Senate, the Subcommittee on Military Construction and 

23 Veterans Affairs of the Committee on Appropriations of the 

24 Senate, and the Subcommittee on Military Construction 


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1 and Veterans Affairs of the Committee on Appropriations 

2 of the House of Representatives. 

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

4 and in the amounts specified, to remain available until 

5 September 30, 2021: 

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

7 ‘‘Military Construction, Navy and Marine 

8 Corps’’, $143,000,000; 

9 ‘‘Military Construction, Air Force’’, 

10 $195,465,000; 

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

12 $64,364,000; 

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

14 $16,500,000; 

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

16 $11,000,000; 

17 ‘‘Military Construction, Army Reserve’’, 

18 $30,000,000; 

19 ‘‘Family Housing Construction, Army’’, 

20 $14,400,000: 

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

22 out construction projects identified in the respective mili23 tary department’s unfunded priority list for fiscal year 

24 2017 submitted to Congress: Provided further, That such 

25 funds are subject to authorization prior to obligation and 


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1 expenditure of funds to carry out construction: Provided 

2 further, That not later than 30 days after enactment of this 

3 Act, the Secretary of the military department concerned, or 

4 their designee, shall submit to the Committees on Appro5 priations of both Houses of Congress an expenditure plan 

6 for funds provided under this section. 

7 (RESCISSIONS OF FUNDS)

8 SEC. 126. Of the unobligated balances available to the 

9 Department of Defense from prior appropriation Acts, the 

10 following funds are hereby rescinded from the following ac11 counts in the amounts specified: 

12 ‘‘Military Construction, Army’’, $30,000,000; 

13 ‘‘Military Construction, Air Force’’, $22,340,000; 

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

15 $132,283,000; and 

16 ‘‘North Atlantic Treaty Organization Security 

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

18 Provided, That no amounts may be rescinded from amounts 

19 that were designated by the Congress for Overseas Contin20 gency Operations/Global War on Terrorism or as an emer21 gency requirement pursuant to a concurrent resolution on 

22 the budget or the Balanced Budget and Emergency Deficit 

23 Control Act of 1985, as amended. 

24 SEC. 127. Notwithstanding any other provision of law, 

25 none of the funds appropriated or otherwise made available 


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1 by this or any other Act may be used to consolidate or relo2 cate any element of a United States Air Force Rapid Engi3 neer Deployable Heavy Operational Repair Squadron En4 gineer (RED HORSE) outside of the United States until 

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

6 and comparison of the cost and infrastructure investment 

7 required to consolidate or relocate a RED HORSE squad8 ron outside of the United States versus within the United 

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

10 of both Houses of Congress (‘‘the Committees’’) a report de11 tailing the findings of the cost analysis; and (3) certifies 

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

13 consolidation or relocation yields the greatest savings for 

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

15 this section does not include any territory or possession of 

16 the United States. 

17 SEC. 128. None of the funds made available by this 

18 Act may be used to carry out the closure or transfer of the 

19 United States Naval Station, Guanta ́namo Bay, Cuba. 

20 SEC. 129. (a) Not later than one year after the date 

21 of the enactment of this Act, the Comptroller General of the 

22 United States shall submit to the congressional defense com23 mittees a report evaluating the extent to which the Depart24 ment of Defense has developed a comprehensive force strucVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00378 Fmt 6652 Sfmt 6203 E:\BILLS\H2577.PP H2577

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1 ture plan, including military construction requirements, to 

2 meet emerging security threats in Europe. 

3 (b) The report required under subsection (a) shall in4 clude an assessment of the extent to which the Department 

5 of Defense has— 

6 (1) identified the near-term and long-term 

7 United States military force requirements in Europe 

8 in support of the European Reassurance Initiative; 

9 (2) evaluated the posture, force structure, and 

10 military construction options for meeting projected 

11 force requirements; 

12 (3) evaluated the long-term costs associated with 

13 the posture, force structure, and military construction 

14 requirements; and 

15 (4) developed a Future Years Defense Program 

16 for force structure costs associated with the European 

17 Reassurance Initiative. 

18 (c) The report shall also include any other matters re19 lated to security threats in Europe that the Comptroller 

20 General determines are appropriate, and recommendations 

21 as warranted for improvements to the Department’s plan22 ning and analysis methodology. 

23 SEC. 130. (a) Of the amounts appropriated by section 

24 132 of the Military Construction, Veterans Affairs, and Re25 lated Agencies Appropriations Act, 2016 (division J of PubVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00379 Fmt 6652 Sfmt 6203 E:\BILLS\H2577.PP H2577

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1 lic Law 114–13; 129 Stat. 2683), $30,000,000 is hereby re2 scinded. 

3 (b) Notwithstanding section 123 of this title, for an 

4 additional amount for fiscal year 2016 for ‘‘Military Con5 struction, Army’’ in this title, $30,000,000, to remain avail6 able until September 30, 2021, is provided for advances to 

7 the Federal Highway Administration, Department of 

8 Transportation, for construction of access roads as author9 ized by section 210 of title 23, United States Code. 

10 (c) This section shall become effective immediately 

11 upon enactment of this Act. 

12 SEC. 131. Not later than 90 days after the date of the 

13 enactment of this Act, the Secretary of the Army shall sub14 mit to Congress a report that includes— 

15 (1) a detailed description of the age and condi16 tion of the aircraft maintenance hangars of the 

17 Army’s Combat Aviation Brigade; 

18 (2) an identification of the most deficient such 

19 hangers; 

20 (3) a plan to modernize or replace such hangars; 

21 and 

22 (4) a description of the resources required to 

23 modernize or replace such hangers. 

24 SEC. 132. Not later than 1 year after the date of the 

25 enactment of this Act, the Secretary of Defense shall conduct 


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1 a study and submit to Congress a report on the use of de2 fense access road funding to build alternate routes for mili3 tary equipment traveling to missile launch facilities, taking 

4 into consideration the location of local populations, security 

5 risks, safety, and impacts of weather. 

6 TITLE II 

7 DEPARTMENT OF VETERANS AFFAIRS 

8 VETERANS BENEFITS ADMINISTRATION

9 COMPENSATION AND PENSIONS

10 (INCLUDING TRANSFER OF FUNDS)

11 For the payment of compensation benefits to or on be12 half of veterans and a pilot program for disability examina13 tions as authorized by section 107 and chapters 11, 13, 18, 

14 51, 53, 55, and 61 of title 38, United States Code; pension 

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

16 15, 51, 53, 55, and 61 of title 38, United States Code; and 

17 burial benefits, the Reinstated Entitlement Program for 

18 Survivors, emergency and other officers’ retirement pay, ad19 justed-service credits and certificates, payment of premiums 

20 due on commercial life insurance policies guaranteed under 

21 the provisions of title IV of the Servicemembers Civil Relief 

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

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

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

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


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

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

3 fiscal year 2018 under this heading shall be reimbursed to 

4 ‘‘General Operating Expenses, Veterans Benefits Adminis5 tration’’, and ‘‘Information Technology Systems’’ for nec6 essary expenses in implementing the provisions of chapters 

7 51, 53, and 55 of title 38, United States Code, the funding 

8 source for which is specifically provided as the ‘‘Compensa9 tion and Pensions’’ appropriation: Provided further, That 

10 such sums as may be earned on an actual qualifying pa11 tient basis, shall be reimbursed to ‘‘Medical Care Collections 

12 Fund’’ to augment the funding of individual medical facili13 ties for nursing home care provided to pensioners as author14 ized. 

15 READJUSTMENT BENEFITS

16 For the payment of readjustment and rehabilitation 

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

18 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of 

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

20 available until expended and to become available on October 

21 1, 2017: Provided, That expenses for rehabilitation program 

22 services and assistance which the Secretary is authorized 

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

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


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

2 account. 

3 VETERANS INSURANCE AND INDEMNITIES

4 For military and naval insurance, national service life 

5 insurance, servicemen’s indemnities, service-disabled vet6 erans insurance, and veterans mortgage life insurance as 

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

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

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

10 2017. 

11 VETERANS HOUSING BENEFIT PROGRAM FUND

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

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

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

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

16 the cost of modifying such loans, shall be as defined in sec17 tion 502 of the Congressional Budget Act of 1974: Provided 

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

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

20 direct loans are authorized for specially adapted housing 

21 loans. 

22 In addition, for administrative expenses to carry out 

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


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1 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

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

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

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

5 be as defined in section 502 of the Congressional Budget 

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

7 under this heading are available to subsidize gross obliga8 tions for the principal amount of direct loans not to exceed 

9 $2,517,000. 

10 In addition, for administrative expenses necessary to 

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

12 be paid to the appropriation for ‘‘General Operating Ex13 penses, Veterans Benefits Administration’’. 

14 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

15 ACCOUNT

16 For administrative expenses to carry out the direct 

17 loan program authorized by subchapter V of chapter 37 of 

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

19 GENERAL OPERATING EXPENSES, VETERANS BENEFITS

20 ADMINISTRATION

21 For necessary operating expenses of the Veterans Bene22 fits Administration, not otherwise provided for, including 

23 hire of passenger motor vehicles, reimbursement of the Gen24 eral Services Administration for security guard services, 

25 and reimbursement of the Department of Defense for the 


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

2 That expenses for services and assistance authorized under 

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

4 38, United States Code, that the Secretary of Veterans Af5 fairs determines are necessary to enable entitled veterans: 

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

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

8 to achieve maximum independence in daily living, shall be 

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

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

11 shall remain available until September 30, 2018. 

12 VETERANS HEALTH ADMINISTRATION

13 MEDICAL SERVICES

14 For necessary expenses for furnishing, as authorized 

15 by law, inpatient and outpatient care and treatment to 

16 beneficiaries of the Department of Veterans Affairs and vet17 erans described in section 1705(a) of title 38, United States 

18 Code, including care and treatment in facilities not under 

19 the jurisdiction of the Department, and including medical 

20 supplies and equipment, bioengineering services, food serv21 ices, and salaries and expenses of healthcare employees 

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

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

24 Code, assistance and support services for caregivers as au25 thorized by section 1720G of title 38, United States Code, 


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1 loan repayments authorized by section 604 of the Caregivers 

2 and Veterans Omnibus Health Services Act of 2010 (Public 

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

4 hospital care and medical services authorized by section 

5 1787 of title 38, United States Code; $1,078,993,000, which 

6 shall be in addition to funds previously appropriated under 

7 this heading that became available on October 1, 2016; and, 

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

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

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

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

12 heading, $1,400,000,000 shall remain available until Sep13 tember 30, 2019: Provided further, That, notwithstanding 

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

15 shall establish a priority for the provision of medical treat16 ment for veterans who have service-connected disabilities, 

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

18 notwithstanding any other provision of law, the Secretary 

19 of Veterans Affairs shall give priority funding for the provi20 sion of basic medical benefits to veterans in enrollment pri21 ority groups 1 through 6: Provided further, That, notwith22 standing any other provision of law, the Secretary of Vet23 erans Affairs may authorize the dispensing of prescription 

24 drugs from Veterans Health Administration facilities to en25 rolled veterans with privately written prescriptions based 


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1 on requirements established by the Secretary: Provided fur2 ther, That the implementation of the program described in 

3 the previous proviso shall incur no additional cost to the 

4 Department of Veterans Affairs: Provided further, That the 

5 Secretary of Veterans Affairs shall ensure that sufficient 

6 amounts appropriated under this heading for medical sup7 plies and equipment are available for the acquisition of 

8 prosthetics designed specifically for female veterans: Pro9 vided further, That the Secretary of Veterans Affairs shall 

10 provide access to therapeutic listening devices to veterans 

11 struggling with mental health related problems, substance 

12 abuse, or traumatic brain injury. 

13 MEDICAL COMMUNITY CARE

14 For necessary expenses for furnishing health care to 

15 individuals pursuant to chapter 17 of title 38, United 

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

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

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

19 $9,409,118,000 shall become available on October 1, 2017, 

20 and shall remain available until September 30, 2018: Pro21 vided, That of the amount made available on October 1, 

22 2017, $1,500,000,000 shall remain available until Sep23 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, 


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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; $495,100,000, which shall be in 

6 addition to funds previously appropriated under this head7 ing that became 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. 


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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, $417,959,000, 

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

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


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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: Pro7 vided, That up to $2,500,000 may be available to facilitate 

8 the furnishing of legal and other assistance, without charge, 

9 to veterans and other individuals who are unable to afford 

10 the cost of legal representation in connection with a decision 

11 by the Board of Veterans Appeals under chapter 71 of title 

12 38, United States Code, in accordance with the process and 

13 reporting procedures set forth in Public Law 102–229 under 

14 the heading ‘‘Salaries and Expenses’’ under the heading 

15 ‘‘Court of Veterans Appeals’’: Provided further, That the 

16 Board of Veterans Appeals submits to the Committees on 

17 Appropriations of both Houses of Congress a certification 

18 that there is a substantial unmet need for pro bono rep19 resentation before the Board of Veterans Appeals prior to 

20 expending funds for this purpose. 

21 INFORMATION TECHNOLOGY SYSTEMS

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses for information technology sys24 tems and telecommunications support, including develop25 mental information systems and operational information 


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

2 asset acquisition of information technology systems, includ3 ing management and related contractual costs of said ac4 quisitions, including contractual costs associated with oper5 ations authorized by section 3109 of title 5, United States 

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

7 $1,272,548,000 shall be for pay and associated costs, of 

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

9 until September 30, 2018: Provided further, That 

10 $2,534,442,000 shall be for operations and maintenance, of 

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

12 until September 30, 2018: Provided further, That 

13 $471,269,000 shall be for information technology systems 

14 development, modernization, and enhancement, and shall 

15 remain available until September 30, 2018: Provided fur16 ther, That amounts made available for information tech17 nology systems development, modernization, and enhance18 ment may not be obligated or expended until the Secretary 

19 of Veterans Affairs or the Chief Information Officer of the 

20 Department of Veterans Affairs submits to the Committees 

21 on Appropriations of both Houses of Congress a certifi22 cation of the amounts, in parts or in full, to be obligated 

23 and expended for each development project: Provided fur24 ther, That amounts made available for salaries and ex25 penses, operations and maintenance, and information techVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00392 Fmt 6652 Sfmt 6203 E:\BILLS\H2577.PP H2577

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1 nology systems development, modernization, and enhance2 ment may be transferred among the three subaccounts after 

3 the Secretary of Veterans Affairs requests from the Commit4 tees on Appropriations of both Houses of Congress the au5 thority to make the transfer and an approval is issued: Pro6 vided further, That amounts made available for the ‘‘Infor7 mation Technology Systems’’ account for development, mod8 ernization, and enhancement may be transferred among 

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

10 no project may be increased or decreased by more than 

11 $1,000,000 of cost prior to submitting a request to the Com12 mittees on Appropriations of both Houses of Congress to 

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

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

15 That funds under this heading may be used by the Inter16 agency Program Office through the Department of Veterans 

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

18 used to enable interoperability: Provided further, That, not19 withstanding any other provision of law, $300,000 shall be 

20 available to carry out a matching program with the De21 partment of Education to identify veterans who are unem22 ployable due to a service-connected disability and who are 

23 also borrowers of Federal student loans in order to stream24 line and expedite the process through which such veterans 

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1 ther, That of the funds made available for information tech2 nology systems development, modernization, and enhance3 ment for VistA Evolution or any successor program, not 

4 more than 25 percent may be obligated or expended until 

5 the Secretary of Veterans Affairs: 

6 (1) Certifies in writing to the Committees on Ap7 propriations of both Houses of Congress that the De8 partment of Veterans Affairs has met the require9 ments contained in the National Defense Authoriza10 tion Act of Fiscal Year 2014 (Public Law 113–66) 

11 which require that electronic health record systems of 

12 the Department of Defense and the Department of 

13 Veterans Affairs have reached interoperability, com14 ply with national standards and architectural re15 quirements identified by the DoD/VA Interagency 

16 Program Office in collaboration with the Office of Na17 tional Coordinator for Health Information Tech18 nology; 

19 (2) submits to the Committees on Appropriations 

20 of both Houses of Congress the VistA Evolution Busi21 ness Case and supporting documents regarding con22 tinuation of VistA Evolution or alternatives to VistA 

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1 ments, the plan for modernizing the platform frame2 work, and all associated costs; 

3 (3) submits to the Committees on Appropriations 

4 of both Houses of Congress, and such Committees ap5 prove, the following: a report that describes a strategic 

6 plan for VistA Evolution, or any successor program, 

7 and the associated implementation plan including 

8 metrics and timelines; a master schedule and lifecycle 

9 cost estimate for VistA Evolution or any successor; 

10 and an implementation plan for the transition from 

11 the Project Management Accountability System to a 

12 new project delivery framework, the Veteran-focused 

13 Integration Process, that includes the methodology by 

14 which projects will be tracked, progress measured, and 

15 deliverables evaluated; 

16 (4) submits to the Committees on Appropriations 

17 of both Houses of Congress a report outlining the stra18 tegic plan to reach interoperability with private sec19 tor healthcare providers, the timeline for reaching 

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

21 Coordinator for Health Information Technology for 

22 each data domain covered under the VistA Evolution 

23 program, and the extent to which the Department of 

24 Veterans Affairs leverages the State Health InformaVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00395 Fmt 6652 Sfmt 6203 E:\BILLS\H2577.PP H2577

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1 tion Exchanges to share health data with private sec2 tor providers; and 

3 (5) submits to the Committees on Appropriations 

4 of both Houses of Congress, and such Committees ap5 prove, the following: a report that describes the extent 

6 to which VistA Evolution, or any successor program, 

7 maximizes the use of commercially available software 

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

9 architecture that leverages best practices and rapidly 

10 adapts to technologies produced by the private sector, 

11 enhances full interoperability between the VA and 

12 DoD and between VA and the private sector, and en13 sures the security of personally identifiable informa14 tion of veterans and beneficiaries: 

15 Provided further, That the funds made available under this 

16 heading for information technology systems development, 

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

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

19 report accompanying this Act. 

20 OFFICE OF INSPECTOR GENERAL

21 For necessary expenses of the Office of Inspector Gen22 eral, to include information technology, in carrying out the 

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

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

25 remain available until September 30, 2018. 


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1 CONSTRUCTION, MAJOR PROJECTS

2 For constructing, altering, extending, and improving 

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

4 jurisdiction or for the use of the Department of Veterans 

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

6 2404, 2406 and chapter 81 of title 38, United States Code, 

7 not otherwise provided for, including planning, architec8 tural and engineering services, construction management 

9 services, maintenance or guarantee period services costs as10 sociated with equipment guarantees provided under the 

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

12 drainage system construction costs, and site acquisition, 

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

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

15 States Code, or where funds for a project were made avail16 able in a previous major project appropriation, 

17 $528,110,000, of which $448,110,000 shall remain available 

18 until September 30, 2021, and of which $80,000,000 shall 

19 remain available until expended: Provided, That except for 

20 advance planning activities, including needs assessments 

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

22 other capital asset management related activities, including 

23 portfolio development and management activities, and in24 vestment strategy studies funded through the advance plan25 ning fund and the planning and design activities funded 


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1 through the design fund, including needs assessments which 

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

3 and associated costs of the resident engineers who oversee 

4 those capital investments funded through this account and 

5 contracting officers who manage specific major construction 

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

7 maintenance of land for the National Cemetery Administra8 tion through the land acquisition line item, none of the 

9 funds made available under this heading shall be used for 

10 any project that has not been notified to Congress through 

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

12 Congress through statute, joint resolution, or in the explan13 atory statement accompanying such Act and presented to 

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

15 That funds made available under this heading for fiscal 

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

17 by the awarding of a construction documents contract by 

18 September 30, 2017; and (2) by the awarding of a construc19 tion contract by September 30, 2018: Provided further, That 

20 the Secretary of Veterans Affairs shall promptly submit to 

21 the Committees on Appropriations of both Houses of Con22 gress a written report on any approved major construction 

23 project for which obligations are not incurred within the 

24 time limitations established above: Provided further, That, 

25 of the amount made available under this heading, 


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1 $222,620,000 for Veterans Health Administration major 

2 construction projects shall not be available until the Depart3 ment of Veterans Affairs— 

4 (1) enters into an agreement with an appro5 priate non-Department of Veterans Affairs Federal 

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

7 for any Veterans Health Administration major con8 struction project with a Total Estimated Cost of 

9 $100,000,000 or above by providing full project man10 agement services, including management of the project 

11 design, acquisition, construction, and contract 

12 changes, consistent with section 502 of Public Law 

13 114–58; and 

14 (2) certifies in writing that such an agreement 

15 is executed and intended to minimize or prevent sub16 sequent major construction project cost overruns and 

17 provides a copy of the agreement entered into and 

18 any required supplementary information to the Com19 mittees on Appropriations of both Houses of Congress. 

20 CONSTRUCTION, MINOR PROJECTS

21 For constructing, altering, extending, and improving 

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

23 jurisdiction or for the use of the Department of Veterans 

24 Affairs, including planning and assessments of needs which 

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1 neering services, maintenance or guarantee period services 

2 costs associated with equipment guarantees provided under 

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

4 storm drainage system construction costs, and site acquisi5 tion, or for any of the purposes set forth in sections 316, 

6 2404, 2406 and chapter 81 of title 38, United States Code, 

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

8 project is equal to or less than the amount set forth in sec9 tion 8104(a)(3)(A) of title 38, United States Code, 

10 $372,069,000, to remain available until September 30, 

11 2021, along with unobligated balances of previous ‘‘Con12 struction, Minor Projects’’ appropriations which are hereby 

13 made available for any project where the estimated cost is 

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

15 Provided, That funds made available under this heading 

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

17 under the jurisdiction or for the use of the Department 

18 which are necessary because of loss or damage caused by 

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

20 measures necessary to prevent or to minimize further loss 

21 by such causes. 

22 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

23 FACILITIES

24 For grants to assist States to acquire or construct 

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1 model, modify, or alter existing hospital, nursing home, and 

2 domiciliary facilities in State homes, for furnishing care 

3 to veterans as authorized by sections 8131 through 8137 of 

4 title 38, United States Code, $90,000,000, to remain avail5 able until expended. 

6 GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

7 For grants to assist States and tribal organizations 

8 in establishing, expanding, or improving veterans ceme9 teries as authorized by section 2408 of title 38, United 

10 States Code, $45,000,000, to remain available until ex11 pended. 

12 ADMINISTRATIVE PROVISIONS

13 (INCLUDING TRANSFER OF FUNDS)

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

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

16 and ‘‘Veterans Insurance and Indemnities’’ may be trans17 ferred as necessary to any other of the mentioned appro18 priations: Provided, That, before a transfer may take place, 

19 the Secretary of Veterans Affairs shall request from the 

20 Committees on Appropriations of both Houses of Congress 

21 the authority to make the transfer and such Committees 

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

23 has elapsed. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 202. Amounts made available for the Department 

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

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

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

6 Facilities’’ accounts may be transferred among the ac7 counts: Provided, That any transfers between the ‘‘Medical 

8 Services’’ and ‘‘Medical Support and Compliance’’ accounts 

9 of 1 percent or less of the total amount appropriated to the 

10 account in this or any other Act may take place subject 

11 to notification from the Secretary of Veterans Affairs to the 

12 Committees on Appropriations of both Houses of Congress 

13 of the amount and purpose of the transfer: Provided further, 

14 That any transfers between the ‘‘Medical Services’’ and 

15 ‘‘Medical Support and Compliance’’ accounts in excess of 

16 1 percent, or exceeding the cumulative 1 percent for the fis17 cal year, may take place only after the Secretary requests 

18 from the Committees on Appropriations of both Houses of 

19 Congress the authority to make the transfer and an ap20 proval is issued: Provided further, That any transfers to 

21 or from the ‘‘Medical Facilities’’ account may take place 

22 only after the Secretary requests from the Committees on 

23 Appropriations of both Houses of Congress the authority to 

24 make the transfer and an approval is issued. 


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1 SEC. 203. Appropriations available in this title for sal2 aries and expenses shall be available for services authorized 

3 by section 3109 of title 5, United States Code; hire of pas4 senger motor vehicles; lease of a facility or land or both; 

5 and uniforms or allowances therefore, as authorized by sec6 tions 5901 through 5902 of title 5, United States Code. 

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

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

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

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

11 new hospital or home. 

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

13 available for hospitalization or examination of any persons 

14 (except beneficiaries entitled to such hospitalization or ex15 amination under the laws providing such benefits to vet16 erans, and persons receiving such treatment under sections 

17 7901 through 7904 of title 5, United States Code, or the 

18 Robert T. Stafford Disaster Relief and Emergency Assist19 ance Act (42 U.S.C. 5121 et seq.)), unless reimbursement 

20 of the cost of such hospitalization or examination is made 

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

22 fixed by the Secretary of Veterans Affairs. 

23 SEC. 206. Appropriations available in this title for 

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

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1 able for payment of prior year accrued obligations required 

2 to be recorded by law against the corresponding prior year 

3 accounts within the last quarter of fiscal year 2016. 

4 SEC. 207. Appropriations available in this title shall 

5 be available to pay prior year obligations of corresponding 

6 prior year appropriations accounts resulting from sections 

7 3328(a), 3334, and 3712(a) of title 31, United States Code, 

8 except that if such obligations are from trust fund accounts 

9 they shall be payable only from ‘‘Compensation and Pen10 sions’’. 

11 (INCLUDING TRANSFER OF FUNDS)

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

13 during fiscal year 2017, the Secretary of Veterans Affairs 

14 shall, from the National Service Life Insurance Fund under 

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

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

17 United States Code, and the United States Government Life 

18 Insurance Fund under section 1955 of title 38, United 

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

20 Veterans Benefits Administration’’ and ‘‘Information Tech21 nology Systems’’ accounts for the cost of administration of 

22 the insurance programs financed through those accounts: 

23 Provided, That reimbursement shall be made only from the 

24 surplus earnings accumulated in such an insurance pro25 gram during fiscal year 2017 that are available for diviVerDate Sep 11 2014 22:16 May 20, 2016 Jkt 059200 PO 00000 Frm 00404 Fmt 6652 Sfmt 6203 E:\BILLS\H2577.PP H2577

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1 dends in that program after claims have been paid and ac2 tuarially determined reserves have been set aside: Provided 

3 further, That if the cost of administration of such an insur4 ance program exceeds the amount of surplus earnings accu5 mulated in that program, reimbursement shall be made 

6 only to the extent of such surplus earnings: Provided fur7 ther, That the Secretary shall determine the cost of adminis8 tration for fiscal year 2017 which is properly allocable to 

9 the provision of each such insurance program and to the 

10 provision of any total disability income insurance included 

11 in that insurance program. 

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

13 proceeds to reimburse an account for expenses incurred by 

14 that account during a prior fiscal year for providing en15 hanced-use lease services, may be obligated during the fiscal 

16 year in which the proceeds are received. 

17 (INCLUDING TRANSFER OF FUNDS)

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

19 salaries and other administrative expenses shall also be 

20 available to reimburse the Office of Resolution Management 

21 of the Department of Veterans Affairs and the Office of Em22 ployment Discrimination Complaint Adjudication under 

23 section 319 of title 38, United States Code, for all services 

24 provided at rates which will recover actual costs but not 

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1 ment and $3,532,000 for the Office of Employment Dis2 crimination Complaint Adjudication: Provided, That pay3 ments may be made in advance for services to be furnished 

4 based on estimated costs: Provided further, That amounts 

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

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

7 the office that provided the service. 

8 SEC. 211. None of the funds in this or any other Act 

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

10 hospitals, domiciliaries, or clinics, conduct an environ11 mental assessment, or to diminish healthcare services at ex12 isting Veterans Health Administration medical facilities lo13 cated in Veterans Integrated Service Network 23 as part 

14 of a planned realignment of VA services until the Secretary 

15 provides to the Committees on Appropriations of both 

16 Houses of Congress a report including the following ele17 ments: 

18 (1) a national realignment strategy that includes 

19 a detailed description of realignment plans within 

20 each Veterans Integrated Service Network (VISN), in21 cluding an updated Long Range Capital Plan to im22 plement realignment requirements; 

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

24 plans were developed and coordinated within each 

25 VISN; 


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1 (3) a cost vs. benefit analysis of each planned re2 alignment, including the cost of replacing Veterans 

3 Health Administration services with contract care or 

4 other outsourced services; 

5 (4) an analysis of how any such planned re6 alignment of services will impact access to care for 

7 veterans living in rural or highly rural areas, includ8 ing travel distances and transportation costs to access 

9 a VA medical facility and availability of local spe10 cialty and primary care; 

11 (5) an inventory of VA buildings with historic 

12 designation and the methodology used to determine 

13 the buildings’ condition and utilization; 

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

15 consistent with requirements under the National His16 toric Preservation Act; and 

17 (7) consideration given for reuse of historic 

18 buildings within newly identified realignment re19 quirements: Provided, That, this provision shall not 

20 apply to capital projects in VISN 23, or any other 

21 VISN, which have been authorized or approved by 

22 Congress. 

23 SEC. 212. No funds of the Department of Veterans Af24 fairs shall be available for hospital care, nursing home care, 

25 or medical services provided to any person under chapter 


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1 17 of title 38, United States Code, for a non-service-con2 nected disability described in section 1729(a)(2) of such 

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

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

5 current, accurate third-party reimbursement information 

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

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

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

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

10 disclosure as required: Provided further, That any amounts 

11 so recovered for care or services provided in a prior fiscal 

12 year may be obligated by the Secretary during the fiscal 

13 year in which amounts are received. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 213. Notwithstanding any other provision of law, 

16 proceeds or revenues derived from enhanced-use leasing ac17 tivities (including disposal) may be deposited into the 

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

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

20 site acquisition and disposition), alterations, and improve21 ments of any medical facility under the jurisdiction or for 

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

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

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

25 Projects’’. 


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1 SEC. 214. Amounts made available under ‘‘Medical 

2 Services’’ are available— 

3 (1) for furnishing recreational facilities, sup4 plies, and equipment (including rehabilitative equip5 ment for veterans entitled to a prosthetic appliance 

6 under chapter 17 of title 38, United States Code, 

7 which may include recreational sports equipment that 

8 provides an adaption or accommodation for the vet9 eran, regardless of whether such equipment is inten10 tionally designed to be adaptive equipment, such as 

11 hand cycles, recumbent bicycles, medically adapted 

12 upright bicycles, and upright bicycles); and 

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

14 other expenses incidental to funerals and burials for 

15 beneficiaries receiving care in the Department. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 215. Such sums as may be deposited to the Med18 ical Care Collections Fund pursuant to section 1729A of 

19 title 38, United States Code, may be transferred to the 

20 ‘‘Medical Services’’ and ‘‘Medical Community Care’’ ac21 counts, to remain available until expended for the purposes 

22 of these accounts. 

23 SEC. 216. The Secretary of Veterans Affairs may enter 

24 into agreements with Federally Qualified Health Centers in 

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1 tions which are party to the Alaska Native Health Compact 

2 with the Indian Health Service, to provide healthcare, in3 cluding behavioral health and dental care, to veterans in 

4 rural Alaska. The Secretary shall require participating vet5 erans and facilities to comply with all appropriate rules 

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

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

8 the boundaries of the municipality of Anchorage or the 

9 Fairbanks North Star Borough. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 217. Such sums as may be deposited to the De12 partment of Veterans Affairs Capital Asset Fund pursuant 

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

14 transferred to the ‘‘Construction, Major Projects’’ and ‘‘Con15 struction, Minor Projects’’ accounts, to remain available 

16 until expended for the purposes of these accounts. 

17 (RESCISSION OF FUNDS)

18 SEC. 218. Of the amounts appropriated in title II of 

19 division J of Public Law 114–113 under the heading ‘‘Med20 ical Services’’ which become available on October 1, 2016, 

21 $7,246,181,000 are hereby rescinded. 

22 SEC. 219. Not later than 30 days after the end of each 

23 fiscal quarter, the Secretary of Veterans Affairs shall submit 

24 to the Committees on Appropriations of both Houses of Con25 gress a report on the financial status of the Department 


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1 of Veterans Affairs for the preceding quarter: Provided, 

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

3 contained in the explanatory statement described in section 

4 4 in the matter preceding division A of the Consolidated 

5 Appropriations Act, 2016 Public Law 114–113 in title II 

6 of Division J of the consolidated Act in the paragraph enti7 tled ‘‘Quarterly Report’’, under the heading ‘‘General Ad8 ministration’’. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 220. Amounts made available under the ‘‘Medical 

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

12 and Compliance’’, ‘‘Medical Facilities’’, ‘‘General Oper13 ating Expenses, Veterans Benefits Administration’’, ‘‘Gen14 eral Administration’’, and ‘‘National Cemetery Adminis15 tration’’ accounts for fiscal year 2017 may be transferred 

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

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

18 than 10 percent aggregate increase in the total amount 

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

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

21 may take place, the Secretary of Veterans Affairs shall re22 quest from the Committees on Appropriations of both 

23 Houses of Congress the authority to make the transfer and 

24 an approval is issued. 


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1 SEC. 221. None of the funds appropriated or otherwise 

2 made available by this Act or any other Act for the Depart3 ment of Veterans Affairs may be used in a manner that 

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

5 Treasury, Housing and Urban Development, the Judiciary, 

6 the District of Columbia, and Independent Agencies Appro7 priations Act, 2006 (Public Law 109–115; 119 Stat. 2506); 

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

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 222. Of the amounts appropriated to the Depart11 ment of Veterans Affairs for fiscal year 2017 for ‘‘Medical 

12 Services’’, ‘‘Medical Support and Compliance’’, ‘‘Medical 

13 Facilities’’, ‘‘Construction, Minor Projects’’, and ‘‘Informa14 tion Technology Systems’’, up to $274,731,000, plus reim15 bursements, may be transferred to the Joint Department of 

16 Defense-Department of Veterans Affairs Medical Facility 

17 Demonstration Fund, established by section 1704 of the Na18 tional Defense Authorization Act for Fiscal Year 2010 (Pub19 lic Law 111–84; 123 Stat. 3571) and may be used for oper20 ation of the facilities designated as combined Federal med21 ical facilities as described by section 706 of the Duncan 

22 Hunter National Defense Authorization Act for Fiscal Year 

23 2009 (Public Law 110–417; 122 Stat. 4500): Provided, 

24 That additional funds may be transferred from accounts 

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1 fense-Department of Veterans Affairs Medical Facility 

2 Demonstration Fund upon written notification by the Sec3 retary of Veterans Affairs to the Committees on Appropria4 tions of both Houses of Congress: Provided further, That sec5 tion 223 of title II of division J of Public Law 114–113 

6 is repealed. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 223. Of the amounts appropriated to the Depart9 ment of Veterans Affairs which become available on October 

10 1, 2017, for ‘‘Medical Services’’, ‘‘Medical Support and 

11 Compliance’’, and ‘‘Medical Facilities’’, up to 

12 $280,802,000, plus reimbursements, may be transferred to 

13 the Joint Department of Defense-Department of Veterans 

14 Affairs Medical Facility Demonstration Fund, established 

15 by section 1704 of the National Defense Authorization Act 

16 for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571) 

17 and may be used for operation of the facilities designated 

18 as combined Federal medical facilities as described by sec19 tion 706 of the Duncan Hunter National Defense Author20 ization Act for Fiscal Year 2009 (Public Law 110–417; 122 

21 Stat. 4500): Provided, That additional funds may be trans22 ferred from accounts designated in this section to the Joint 

23 Department of Defense-Department of Veterans Affairs 

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1 cation by the Secretary of Veterans Affairs to the Commit2 tees on Appropriations of both Houses of Congress. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 224. Such sums as may be deposited to the Med5 ical Care Collections Fund pursuant to section 1729A of 

6 title 38, United States Code, for healthcare provided at fa7 cilities designated as combined Federal medical facilities as 

8 described by section 706 of the Duncan Hunter National 

9 Defense Authorization Act for Fiscal Year 2009 (Public 

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

11 for transfer to the Joint Department of Defense-Department 

12 of Veterans Affairs Medical Facility Demonstration Fund, 

13 established by section 1704 of the National Defense Author14 ization Act for Fiscal Year 2010 (Public Law 111–84; 123 

15 Stat. 3571); and (2) for operations of the facilities des16 ignated as combined Federal medical facilities as described 

17 by section 706 of the Duncan Hunter National Defense Au18 thorization Act for Fiscal Year 2009 (Public Law 110–417; 

19 122 Stat. 4500). 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 225. Of the amounts available in this title for 

22 ‘‘Medical Services’’, ‘‘Medical Support and Compliance’’, 

23 and ‘‘Medical Facilities’’, a minimum of $15,000,000 shall 

24 be transferred to the DOD–VA Health Care Sharing Incen25 tive Fund, as authorized by section 8111(d) of title 38, 


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1 United States Code, to remain available until expended, for 

2 any purpose authorized by section 8111 of title 38, United 

3 States Code. 

4 SEC. 226. None of the funds available to the Depart5 ment of Veterans Affairs, in this or any other Act, may 

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

7 Integrated Service Networks select and contract for diabetes 

8 monitoring supplies and equipment. 

9 SEC. 227. The Secretary of Veterans Affairs shall no10 tify the Committees on Appropriations of both Houses of 

11 Congress of all bid savings in a major construction project 

12 that total at least $5,000,000, or 5 percent of the pro13 grammed amount of the project, whichever is less: Provided, 

14 That such notification shall occur within 14 days of a con15 tract identifying the programmed amount: Provided fur16 ther, That the Secretary shall notify the Committees on Ap17 propriations of both Houses of Congress 14 days prior to 

18 the obligation of such bid savings and shall describe the an19 ticipated use of such savings. 

20 SEC. 228. None of the funds made available for ‘‘Con21 struction, Major Projects’’ may be used for a project in ex22 cess of the scope specified for that project in the original 

23 justification data provided to the Congress as part of the 

24 request for appropriations unless the Secretary of Veterans 


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1 Affairs receives approval from the Committees on Appro2 priations of both Houses of Congress. 

3 SEC. 229. The Secretary of Veterans Affairs shall sub4 mit to the Committees on Appropriations of both Houses 

5 of Congress a quarterly report that contains the following 

6 information from each Veterans Benefits Administration 

7 Regional Office: (1) the average time to complete a dis8 ability compensation claim; (2) the number of claims pend9 ing more than 125 days, disaggregated by initial and sup10 plemental claims; (3) error rates; (4) the number of claims 

11 personnel; (5) any corrective action taken within the quar12 ter to address poor performance; (6) training programs un13 dertaken; (7) the number and results of Quality Review 

14 Team audits; (8) the number of claims completed by each 

15 Regional Office based on the Regional Office being the sta16 tion of jurisdiction; and (9) the number of claims completed 

17 by each Regional Office based on the Regional Office being 

18 the station of origin: Provided, That each quarterly report 

19 shall be submitted no later than 30 days after the end of 

20 the respective quarter. 

21 SEC. 230. Of the funds provided to the Department of 

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

23 and Compliance’’ a maximum of $40,000,000 may be obli24 gated from the ‘‘Medical Support and Compliance’’ account 

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1 operability projects: Provided, That funds in addition to 

2 these amounts may be obligated for the VistA Evolution and 

3 electronic health record interoperability projects upon writ4 ten notification by the Secretary of Veterans Affairs to the 

5 Committees on Appropriations of both Houses of Congress. 

6 SEC. 231. The Secretary of Veterans Affairs shall pro7 vide written notification to the Committees on Appropria8 tions of both Houses of Congress 15 days prior to organiza9 tional changes which result in the transfer of 25 or more 

10 full-time equivalents from one organizational unit of the 

11 Department of Veterans Affairs to another. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 232. Amounts made available for the Department 

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

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

16 Veterans Benefits Administration’’ accounts may be trans17 ferred between such accounts: Provided, That before a trans18 fer may take place, the Secretary of Veterans Affairs shall 

19 request from the Committees on Appropriations of both 

20 Houses of Congress the authority to make the transfer and 

21 receive approval of that request. 

22 (RESCISSION OF FUNDS)

23 SEC. 233. Of the unobligated balances available within 

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

25 $52,000,000 are hereby rescinded. 


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

2 reprogram funds among major construction projects or pro3 grams if such instance of reprogramming will exceed 

4 $5,000,000, unless such reprogramming is approved by the 

5 Committees on Appropriations of both Houses of Congress. 

6 SEC. 235. None of the funds appropriated in this or 

7 prior appropriations Acts or otherwise made available to 

8 the Department of Veterans Affairs may be used to transfer 

9 any amounts from the Filipino Veterans Equity Compensa10 tion Fund to any other account within the Department of 

11 Veterans Affairs. 

12 SEC. 236. Paragraph (3) of section 403(a) of the Vet13 erans’ Mental Health and Other Care Improvements Act of 

14 2008 (Public Law 110–387; 38 U.S.C. 1703 note) is amend15 ed to read as follows: 

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

17 services under this section during the period begin18 ning on the date specified in paragraph (2) and end19 ing on September 30, 2018.’’. 

20 SEC. 237. (a) Section 1722A(a) of title 38, United 

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

22 new paragraph: 

23 ‘‘(4) Paragraph (1) does not apply to opioid an24 tagonists furnished under this chapter to a veteran 

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1 tion or substance in order to reverse the effect of such 

2 an overdose.’’. 

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

4 (1) by striking ‘‘with respect to home health serv5 ices’’ and inserting ‘‘with respect to the following:’’ 

6 ‘‘(A) Home health services’’; and 

7 (2) by adding at the end the following new sub8 paragraph: 

9 ‘‘(B) Education on the use of opioid antago10 nists to reverse the effects of overdoses of specific 

11 medications or substances.’’. 

12 SEC. 238. Section 312 of title 38, United States Code, 

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

14 makes a recommendation or otherwise suggests corrective 

15 action,’’. 

16 SEC. 239. The Department of Veterans Affairs is au17 thorized to administer financial assistance grants and enter 

18 into cooperative agreements with organizations, utilizing a 

19 competitive selection process, to train and employ homeless 

20 and at-risk veterans in natural resource conservation man21 agement. 

22 SEC. 240. The Department of Veterans Affairs shall 

23 seek to enter into an agreement with the National Academy 

24 of Medicine for an assessment on research relating to the 

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1 ate the feasibility of a research entity or entities to conduct 

2 research relating to health conditions of descendants of vet3 erans with toxic exposure while serving in the Armed 

4 Forces. 

5 SEC. 241. Of the funds provided to the Department of 

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

7 2018 for ‘‘Medical Services’’, $3,000,000 in each year for 

8 carrying out and expanding to each medical center of the 

9 Department the child care program authorized by section 

10 205 of Public Law 111–163, notwithstanding subsection (e) 

11 of such section. 

12 SEC. 242. Section 5701(l) of title 38, United States 

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

14 SEC. 243. (a) The Secretary of Veterans Affairs shall, 

15 as part of the hiring process for each health care provider 

16 considered for a position at the Department of Veterans Af17 fairs after the date of the enactment of this Act, require 

18 from the medical board of each State in which the health 

19 care provider holds or has held a medical license— 

20 (1) information on any violation of the require21 ments of the medical license of the health care pro22 vider; and 

23 (2) information on whether the health care pro24 vider has entered into any settlement agreement for a 


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1 disciplinary charge relating to the practice of medi2 cine by the health care provider. 

3 (b) The Secretary shall prescribe regulations to carry 

4 out this section. 

5 SEC. 244. (a) Notwithstanding section 552a of title 5, 

6 United States Code, the Secretary of Veterans Affairs shall, 

7 with respect to each health care provider of the Department 

8 of Veterans Affairs that has violated a requirement of their 

9 medical license, provide to the medical board of each State 

10 in which the health care provider is licensed or practices 

11 all relevant information contained in the State Licensing 

12 Board Reporting File or any successor file of the Depart13 ment with respect to such violation. 

14 (b) The Secretary shall provide the information re15 quired in subsection (a) to a medical board described in 

16 such subsection notwithstanding that such board may not 

17 have formally requested such information from the Depart18 ment. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 245. Upon determination by the Secretary of Vet21 erans Affairs that such action is necessary for providing 

22 health care, benefits and other services, the Secretary may 

23 transfer amounts made available to the Department of Vet24 erans Affairs for fiscal year 2017 by this Act between any 

25 discretionary appropriations accounts for fiscal year 2017: 


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1 Provided, That amounts so transferred shall be merged with 

2 the account to which transferred: Provided further, That the 

3 total amount that the Secretary may transfer under this 

4 section may not exceed two percent of the total discretionary 

5 appropriations made available to the Department for fiscal 

6 year 2017 by this Act: Provided further, That a transfer 

7 of funds between the ‘‘Medical Services’’, ‘‘Medical Commu8 nity Care’’, ‘‘Medical Support and Compliance’’, and 

9 ‘‘Medical Facilities’’ accounts shall not be counted toward 

10 the two percent limitation in the previous proviso: Provided 

11 further, That the transfer authority provided by this section 

12 may be exercised only to support activities in an appro13 priations account that have a higher priority than those 

14 undertaken in the appropriations account from which budg15 et authority is transferred, as determined by the Secretary: 

16 Provided further, That such transfer authority may not be 

17 used to provide budget authority for an activity that the 

18 Secretary lacks the authority to carry out: Provided further, 

19 That the transfer authority provided in this section is in 

20 addition to any other transfer authority provided by law: 

21 Provided further, That before a transfer may take place, 

22 the Secretary of Veterans Affairs shall request from the 

23 Committees on Appropriations of both Houses of Congress 

24 the authority to make the transfer and receive approval of 

25 that request. 


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1 VA PATIENT PROTECTION ACT OF 2016 

2 SEC. 246. (a) PROCEDURE AND ADMINISTRATION.— 

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

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

5 subchapter: 

6 ‘‘SUBCHAPTER II—WHISTLEBLOWER 

7 COMPLAINTS 

8 ‘‘§ 731. Whistleblower complaint defined 

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

10 means a complaint by an employee of the Department dis11 closing, or assisting another employee to disclose, a poten12 tial violation of any law, rule, or regulation, or gross mis13 management, gross waste of funds, abuse of authority, or 

14 substantial and specific danger to public health and safety. 

15 ‘‘§ 732. Treatment of whistleblower complaints 

16 ‘‘(a) FILING.—(1) In addition to any other method es17 tablished by law in which an employee may file a whistle18 blower complaint, an employee of the Department may file 

19 a whistleblower complaint in accordance with subsection (g) 

20 with a supervisor of the employee. 

21 ‘‘(2) Except as provided by subsection (d)(1), in mak22 ing a whistleblower complaint under paragraph (1), an em23 ployee shall file the initial complaint with the immediate 

24 supervisor of the employee. 


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1 ‘‘(b) NOTIFICATION.—(1)(A) Not later than four busi2 ness days after the date on which a supervisor receives a 

3 whistleblower complaint by an employee under this section, 

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

5 whether the supervisor determines that there is a reasonable 

6 likelihood that the complaint discloses a violation of any 

7 law, rule, or regulation, or gross mismanagement, gross 

8 waste of funds, abuse of authority, or substantial and spe9 cific danger to public health and safety. 

10 ‘‘(B) The supervisor shall retain written documenta11 tion regarding the whistleblower complaint and shall sub12 mit to the next-level supervisor and the central whistle13 blower office described in subsection (h) a written report 

14 on the complaint. 

15 ‘‘(2)(A) On a monthly basis, the supervisor shall sub16 mit to the appropriate director or other official who is supe17 rior to the supervisor a written report that includes the 

18 number of whistleblower complaints received by the super19 visor under this section during the month covered by the 

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

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

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

23 carries out this paragraph, the director or official shall sub24 mit such monthly report to the supervisor of the director 


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1 or official and to the central whistleblower office described 

2 in subsection (h). 

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

4 makes a positive determination under subsection (b)(1) re5 garding a whistleblower complaint of an employee, the su6 pervisor shall include in the notification to the employee 

7 under such subsection the specific actions that the super8 visor will take to address the complaint. 

9 ‘‘(d) FILING COMPLAINT WITH NEXT-LEVEL SUPER10 VISORS.—(1) If any circumstance described in paragraph 

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

12 in accordance with subsection (g) with the next-level super13 visor who shall treat such complaint in accordance with 

14 this section. 

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

16 with the Secretary if the employee has filed the whistle17 blower complaint to each level of supervisors between the 

18 employee and the Secretary in accordance with paragraph 

19 (1). 

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

21 any of the following circumstances: 

22 ‘‘(A) A supervisor does not make a timely deter23 mination under subsection (b)(1) regarding a whistle24 blower complaint. 


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

2 complaint determines that the supervisor did not ade3 quately address the complaint pursuant to subsection 

4 (c). 

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

6 is the basis of the whistleblower complaint. 

7 ‘‘(e) TRANSFER OF EMPLOYEE WHO FILES WHISTLE8 BLOWER COMPLAINT.—If a supervisor makes a positive de9 termination under subsection (b)(1) regarding a whistle10 blower complaint filed by an employee, the Secretary 

11 shall— 

12 ‘‘(1) inform the employee of the ability to volun13 teer for a transfer in accordance with section 3352 of 

14 title 5; and 

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

16 transfer in accordance with such section. 

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

18 may not exempt any employee of the Department from 

19 being covered by this section. 

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

21 whistleblower complaint filed by an employee under sub22 section (a) or (d) shall consist of the form described in para23 graph (2) and any supporting materials or documentation 

24 the employee determines necessary. 


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

2 developed by the Secretary, in consultation with the Special 

3 Counsel, that includes the following: 

4 ‘‘(A) An explanation of the purpose of the whis5 tleblower complaint form. 

6 ‘‘(B) Instructions for filing a whistleblower com7 plaint as described in this section. 

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

9 complaint under this section does not preclude the 

10 employee from any other method established by law in 

11 which an employee may file a whistleblower com12 plaint. 

13 ‘‘(D) A statement directing the employee to in14 formation accessible on the Internet website of the De15 partment as described in section 735(d). 

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

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

18 ‘‘(ii) the name of the employee; 

19 ‘‘(iii) the contact information of the em20 ployee; 

21 ‘‘(iv) a summary of the whistleblower com22 plaint (including the option to append sup23 porting documents pursuant to paragraph (1)); 

24 and 

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


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

2 Secretary determines appropriate. 

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

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

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

6 of this section. 

7 ‘‘(h) CENTRAL WHISTLEBLOWER OFFICE.—(1) The 

8 Secretary shall ensure that the central whistleblower of9 fice— 

10 ‘‘(A) is not an element of the Office of the Gen11 eral Counsel; 

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

13 the General Counsel; 

14 ‘‘(C) does not provide, or receive from, the Gen15 eral Counsel any information regarding a whistle16 blower complaint except pursuant to an action re17 garding the complaint before an administrative body 

18 or court; and 

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

20 Counsel. 

21 ‘‘(2) The central whistleblower office shall be respon22 sible for investigating all whistleblower complaints of the 

23 Department, regardless of whether such complaints are 

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

25 the Senior Executive Service. 


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1 ‘‘(3) The Secretary shall ensure that the central whis2 tleblower office maintains a toll-free hotline to anonymously 

3 receive whistleblower complaints. 

4 ‘‘(4) The Secretary shall ensure that the central whis5 tleblower office has such staff and resources as the Secretary 

6 considers necessary to carry out the functions of the central 

7 whistleblower office. 

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

9 office’ means the Office of Accountability Review or a suc10 cessor office that is established or designated by the Sec11 retary to investigate whistleblower complaints filed under 

12 this section or any other method established by law. 

13 ‘‘§ 733. Adverse actions against supervisory employees 

14 who commit prohibited personnel actions 

15 relating to whistleblower complaints 

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

17 (2), the Secretary shall carry out the following adverse ac18 tions against supervisory employees (as defined in section 

19 7103(a) of title 5) whom the Secretary, an administrative 

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

21 Special Counsel, an adjudicating body provided under a 

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

23 of the Department determines committed a prohibited per24 sonnel action described in subsection (c): 


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

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

3 not more than removal. 

4 ‘‘(B) With respect to the second offense, removal. 

5 ‘‘(2)(A) An employee against whom an adverse action 

6 under paragraph (1) is proposed is entitled to written no7 tice. 

8 ‘‘(B)(i) An employee who is notified under subpara9 graph (A) of being the subject of a proposed adverse action 

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

11 notification to answer and furnish evidence in support of 

12 the answer. 

13 ‘‘(ii) If the employee does not furnish any such evi14 dence as described in clause (i) or if the Secretary deter15 mines that such evidence is not sufficient to reverse the de16 termination to propose the adverse action, the Secretary 

17 shall carry out the adverse action following such 14-day pe18 riod. 

19 ‘‘(C) Paragraphs (1) and (2) of subsection (b) of sec20 tion 7513 of title 5, subsection (c) of such section, para21 graphs (1) and (2) of subsection (b) of section 7543 of such 

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

23 respect to an adverse action carried out under paragraph 

24 (1). 


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

2 With respect to a prohibited personnel action described in 

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

4 against a supervisory employee, the Secretary may carry 

5 out an additional adverse action under this section based 

6 on the same prohibited personnel action if the total severity 

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

8 subsection (a). 

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

10 A prohibited personnel action described in this subsection 

11 is any of the following actions: 

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

13 in violation of section 2302 of title 5 against an em14 ployee relating to the employee— 

15 ‘‘(A) filing a whistleblower complaint in ac16 cordance with section 732 of this title; 

17 ‘‘(B) filing a whistleblower complaint with 

18 the Inspector General of the Department, the 

19 Special Counsel, or Congress; 

20 ‘‘(C) providing information or partici21 pating as a witness in an investigation of a 

22 whistleblower complaint in accordance with sec23 tion 732 or with the Inspector General of the De24 partment, the Special Counsel, or Congress; 


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1 ‘‘(D) participating in an audit or inves2 tigation by the Comptroller General of the 

3 United States; 

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

5 unlawful or prohibited by the Department; or 

6 ‘‘(F) engaging in communications that are 

7 related to the duties of the position or are other8 wise protected. 

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

10 making an action described in any of subparagraphs 

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

12 ‘‘(3) Conducting a negative peer review or open13 ing a retaliatory investigation because of an activity 

14 of an employee that is protected by section 2302 of 

15 title 5. 

16 ‘‘(4) Requesting a contractor to carry out an ac17 tion that is prohibited by section 4705(b) or section 

18 4712(a)(1) of title 41, as the case may be. 

19 ‘‘§ 734. Evaluation criteria of supervisors and treat20 ment of bonuses 

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

22 performance of supervisors of the Department, the Secretary 

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

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

25 following: 


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1 ‘‘(A) Whether the supervisor treats whistleblower 

2 complaints in accordance with section 732 of this 

3 title. 

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

5 performance review board, or performance review 

6 committee determines that the supervisor was found 

7 to have committed a prohibited personnel action de8 scribed in section 733(b) of this title by an adminis9 trative judge, the Merit Systems Protection Board, the 

10 Office of Special Counsel, an adjudicating body pro11 vided under a union contract, a Federal judge, or, in 

12 the case of a settlement of a whistleblower complaint 

13 (regardless of whether any fault was assigned under 

14 such settlement), the Secretary. 

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

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

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

18 45 or 53 of such title, during the one-year period beginning 

19 on the date on which the determination was made under 

20 such subsection. 

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

22 Secretary shall issue an order directing a supervisor de23 scribed in subsection (a)(2)(B) to repay the amount of any 

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

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


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1 ‘‘(A) such award or bonus was paid for perform2 ance during a period in which the supervisor com3 mitted a prohibited personnel action as determined 

4 pursuant to such subsection (a)(2)(B); 

5 ‘‘(B) the Secretary determines such repayment 

6 appropriate pursuant to regulations prescribed by the 

7 Secretary to carry out this section; and 

8 ‘‘(C) the supervisor is afforded notice and an op9 portunity for a hearing before making such repay10 ment. 

11 ‘‘§ 735. Training regarding whistleblower complaints 

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

13 year, the Secretary, in coordination with the Whistleblower 

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

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

16 provide to each employee of the Department training re17 garding whistleblower complaints, including— 

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

19 by law in which an employee may file a whistleblower 

20 complaint; 

21 ‘‘(2) an explanation of prohibited personnel ac22 tions described by section 733(c) of this title; 

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

24 whistleblower complaints in accordance with section 

25 732 of this title; 


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1 ‘‘(4) the right of the employee to petition Con2 gress regarding a whistleblower complaint in accord3 ance with section 7211 of title 5; 

4 ‘‘(5) an explanation that the employee may not 

5 be prosecuted or reprised against for disclosing infor6 mation to Congress, the Inspector General, or another 

7 investigatory agency in instances where such disclo8 sure is permitted by law, including under sections 

9 5701, 5705, and 7732 of this title, under section 552a 

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

11 under chapter 93 of title 18, and pursuant to regula12 tions promulgated under section 264(c) of the Health 

13 Insurance Portability and Accountability Act of 1996 

14 (Public Law 104–191); 

15 ‘‘(6) an explanation of the language that is re16 quired to be included in all nondisclosure policies, 

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

18 of the Whistleblower Protection Enhancement Act of 

19 2012 (5 U.S.C. 2302 note); and 

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

21 reprisal for the disclosure of certain information 

22 under section 4705 or 4712 of title 41. 

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

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

25 provided in person. 


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

2 each year, the Secretary shall provide training on merit 

3 system protection in a manner that the Special Counsel cer4 tifies as being satisfactory. 

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

6 on the Internet website of the Department, and display 

7 prominently at each facility of the Department, the rights 

8 of an employee to file a whistleblower complaint, including 

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

10 subsection (a). 

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

12 website of the Department, the whistleblower complaint 

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

14 ‘‘§ 736. Reports to Congress 

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

16 each year, the Secretary shall submit to the appropriate 

17 committees of Congress a report that includes— 

18 ‘‘(1) with respect to whistleblower complaints 

19 filed under section 732 of this title during the year 

20 covered by the report— 

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

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

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1 termination was made by a supervisor under 

2 subsection (b)(1) of such section; 

3 ‘‘(2) the number of whistleblower complaints 

4 filed during the year covered by the report that are 

5 not included under paragraph (1), including— 

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

7 were filed; 

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

9 ‘‘(C) the ways in which the Secretary ad10 dressed such complaints; and 

11 ‘‘(3) with respect to disclosures made by a con12 tractor under section 4705 or 4712 of title 41— 

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

14 such disclosures that were investigated by the In15 spector General of the Department of Veterans 

16 Affairs during the year covered by the report; 

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

18 ‘‘(C) the ways in which the Secretary ad19 dressed such complaints. 

20 ‘‘(b) NOTICE OF OFFICE OF SPECIAL COUNSEL DE21 TERMINATIONS.—Not later than 30 days after the date on 

22 which the Secretary receives from the Special Counsel infor23 mation relating to a whistleblower complaint pursuant to 

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1 priate committees of Congress of such information, includ2 ing the determination made by the Special Counsel. 

3 ‘‘(c) APPROPRIATE COMMITTEES OF CONGRESS.—In 

4 this section, the term ‘appropriate committees of Congress’ 

5 means— 

6 ‘‘(1) the Committee on Veterans’ Affairs and the 

7 Committee on Homeland Security and Governmental 

8 Affairs of the Senate; and 

9 ‘‘(2) the Committee on Veterans’ Affairs and the 

10 Committee on Oversight and Government Reform of 

11 the House of Representatives.’’. 

12 (2) CONFORMING AND CLERICAL AMENDMENTS.— 

13 (A) CONFORMING AMENDMENT.—Such chapter is 

14 further amended by inserting before section 701 the 

15 following: 

16 ‘‘SUBCHAPTER I—GENERAL EMPLOYEE 

17 MATTERS’’. 

18 (B) CLERICAL AMENDMENTS.—The table of sec19 tions at the beginning of such chapter is amended— 

20 (i) by inserting before the item relating to 

21 section 701 the following new item: 

‘‘SUBCHAPTER I—GENERAL EMPLOYEE MATTERS’’; 

22 and 

23 (ii) by adding at the end the following new 

24 items: 


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‘‘SUBCHAPTER II—WHISTLEBLOWER COMPLAINTS

‘‘731. Whistleblower complaint defined. 

‘‘732. Treatment of whistleblower complaints. 

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

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

‘‘735. Training regarding whistleblower complaints. 

‘‘736. Reports to Congress.’’. 

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).’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter, as amended by 

3 section 2(a)(2)(B), is further amended by inserting 

4 after the item relating to section 713 the following 

5 new item: 

‘‘715. Congressional testimony by employees: treatment as official duty.’’. 

6 SEC. 247. (a) Notwithstanding any other provision of 

7 law, of the amounts appropriated or otherwise made avail8 able to the Department of Veterans Affairs for the ‘‘Medical 

9 Services’’ account, for fiscal year 2017, not less than 

10 $18,000,000, and for fiscal year 2018, not less than 

11 $70,000,000, shall be used for the provision of fertility treat12 ment and counseling, including treatment using assisted re13 productive technology, to veterans and their spouses if the 

14 veteran has a service-connected condition that results in the 

15 veteran being unable to procreate without the use of such 

16 fertility treatment. 

17 (b) In this section, the term ‘‘service-connected condi18 tion’’ means a condition that was incurred or aggravated 

19 in line of duty in the active military, naval, or air service 

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

21 SEC. 248. None of the amounts appropriated or other22 wise made available by title II may be used to carry out 

23 the Home Marketing Incentive Program of the Department 

24 of Veterans Affairs or to carry out the Appraisal Value 

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1 ployee of the Department in a senior executive position (as 

2 defined in section 713(g) of title 38, United States Code): 

3 Provided, That the Secretary may waive this prohibition 

4 with respect to the use of the Home Marketing Incentive 

5 Program and Appraisal Value Offer Program to recruit for 

6 a position for which recruitment or retention of qualified 

7 personnel is likely to be difficult in the absence of the use 

8 of these incentives: Provided further, That within 15 days 

9 of a determination by the Secretary to waive this prohibi10 tion, the Secretary shall submit written notification thereof 

11 to the Committees on Appropriations of both Houses of Con12 gress containing the reasons and identifying the position 

13 title for which the waiver has been issued. 

14 SEC. 249. None of the funds appropriated or otherwise 

15 made available to the Department of Veterans Affairs in 

16 this Act may be used in a manner that would— 

17 (1) interfere with the ability of a veteran to par18 ticipate in a medicinal marijuana program approved 

19 by a State; 

20 (2) deny any services from the Department to a 

21 veteran who is participating in such a program; or 

22 (3) limit or interfere with the ability of a health 

23 care provider of the Department to make appropriate 

24 recommendations, fill out forms, or take steps to com25 ply with such a program. 


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1 SEC. 250. (a) IN GENERAL.—For the purposes of 

2 verifying that an individual performed service under honor3 able conditions that satisfies the requirements of a coastwise 

4 merchant seaman who is recognized pursuant to section 401 

5 of the GI Bill Improvement Act of 1977 (Public Law 95– 

6 202; 38 U.S.C. 106 note) as having performed active duty 

7 service for the purposes described in subsection (c)(1), the 

8 Secretary of Defense shall accept the following: 

9 (1) In the case of an individual who served on 

10 a coastwise merchant vessel seeking such recognition 

11 for whom no applicable Coast Guard shipping or dis12 charge form, ship logbook, merchant mariner’s docu13 ment or Z-card, or other official employment record 

14 is available, the Secretary of Defense shall provide 

15 such recognition on the basis of applicable Social Se16 curity Administration records submitted for or by the 

17 individual, together with validated testimony given 

18 by the individual or the primary next of kin of the 

19 individual that the individual performed such service 

20 during the period beginning on December 7, 1941, 

21 and ending on December 31, 1946. 

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

23 a coastwise merchant vessel seeking such recognition 

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1 ment or Z-card, or other official employment record 

2 has been destroyed or otherwise become unavailable by 

3 reason of any action committed by a person respon4 sible for the control and maintenance of such form, 

5 logbook, or record, the Secretary of Defense shall ac6 cept other official documentation demonstrating that 

7 the individual performed such service during period 

8 beginning on December 7, 1941, and ending on De9 cember 31, 1946. 

10 (3) For the purpose of determining whether to 

11 recognize service allegedly performed during the pe12 riod beginning on December 7, 1941, and ending on 

13 December 31, 1946, the Secretary shall recognize mas14 ters of seagoing vessels or other officers in command 

15 of similarly organized groups as agents of the United 

16 States who were authorized to document any indi17 vidual for purposes of hiring the individual to per18 form service in the merchant marine or discharging 

19 an individual from such service. 

20 (b) TREATMENT OF OTHER DOCUMENTATION.—Other 

21 documentation accepted by the Secretary of Defense pursu22 ant to subsection (a)(2) shall satisfy all requirements for 

23 eligibility of service during the period beginning on Decem24 ber 7, 1941, and ending on December 31, 1946. 

25 (c) BENEFITS ALLOWED.— 


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

2 individual whose service is recognized as active duty 

3 pursuant to subsection (a) may be awarded an appro4 priate medal, ribbon, or other military decoration 

5 based on such service. 

6 (2) STATUS OF VETERAN.—An individual whose 

7 service is recognized as active duty pursuant to sub8 section (a) shall be honored as a veteran but shall not 

9 be entitled by reason of such recognized service to any 

10 benefit that is not described in this subsection. 

11 SEC. 251. (a) The Secretary of Veterans Affairs shall 

12 ensure that the Readjustment Counseling Service of the De13 partment of Veterans Affairs coordinates directly with the 

14 Office of Rural Health of the Department on efforts to ex15 pand the capacity of Vet Centers (as defined in section 

16 1712A(h) of title 38, United States Code) in order to ensure 

17 that the readjustment and psychological counseling needs 

18 of veterans in rural and highly rural communities are met. 

19 (b) Not later than one year after the date of the enact20 ment of this Act, the Secretary shall submit to the Com21 mittee on Appropriations of the Senate and the Committee 

22 on Appropriations of the House of Representatives a report 

23 detailing the number of Vet Centers (as so defined) operated 

24 by the Department and a strategic plan to increase the ca25 pacity of such Vet Centers to address unmet readjustment 


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1 and psychological counseling needs of veterans in rural and 

2 highly rural communities. 

3 MONTHLY ASSISTANCE ALLOWANCE FOR DISABLED

4 VETERANS COMPETING ON OLYMPIC TEAMS

5 SEC. 252. Section 322(d)(1) of title 38, United States 

6 Code, is amended— 

7 (1) by striking ‘‘allowance to a veteran’’ and in8 serting the following: ‘‘allowance to— 

9 ‘‘(A) a veteran’’; 

10 (2) in subparagraph (A), as designated by para11 graph (1), by striking the period at the end and in12 serting ‘‘; and’’; and 

13 (3) by adding at the end the following new sub14 paragraph: 

15 ‘‘(B) a veteran with a service-connected dis16 ability rated as 30 percent or greater by the Depart17 ment who is selected by the United States Olympic 

18 Committee for the United States Olympic Team for 

19 any month in which the veteran is competing in any 

20 event sanctioned by the National Governing Bodies of 

21 the United States Olympic Sports.’’. 


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1 COVERAGE UNDER DEPARTMENT OF VETERANS AFFAIRS

2 BENEFICIARY TRAVEL PROGRAM OF TRAVEL IN CON3 NECTION WITH CERTAIN SPECIAL DISABILITIES REHA4 BILITATION

5 SEC. 253. (a) IN GENERAL.—Section 111(b)(1) of title 

6 38, United States Code, is amended by adding at the end 

7 the following new subparagraph: 

8 ‘‘(G) A veteran with vision impairment, a vet9 eran with a spinal cord injury or disorder, or a vet10 eran with double or multiple amputations whose trav11 el is in connection with care provided through a spe12 cial disabilities rehabilitation program of the Depart13 ment (including programs provided by spinal cord 

14 injury centers, blind rehabilitation centers, and pros15 thetics rehabilitation centers) if such care is pro16 vided— 

17 ‘‘(i) on an in-patient basis; or 

18 ‘‘(ii) during a period in which the Sec19 retary provides the veteran with temporary lodg20 ing at a facility of the Department to make such 

21 care more accessible to the veteran.’’. 

22 (b) REPORT.—Not later than 180 days after the date 

23 of the enactment of this Act, the Secretary of Veterans Af24 fairs shall submit to the Committee on Veterans’ Affairs of 

25 the Senate and the Committee on Veterans’ Affairs of the 


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1 House of Representatives a report on the beneficiary travel 

2 program under section 111 of title 38, United States Code, 

3 as amended by subsection (a), that includes the following: 

4 (1) The cost of the program. 

5 (2) The number of veterans served by the pro6 gram. 

7 (3) Such other matters as the Secretary considers 

8 appropriate. 

9 (c) EFFECTIVE DATE.—The amendment made by sub10 section (a) shall take effect on the first day of the first fiscal 

11 year that begins after the date of the enactment of this Act. 

12 INSPECTION OF KITCHENS AND FOOD SERVICE AREAS AT

13 MEDICAL FACILITIES OF THE DEPARTMENT OF VET14 ERANS AFFAIRS

15 SEC. 254. (a) IN GENERAL.—Not later than 90 days 

16 after the date of the enactment of this Act, and not less fre17 quently than annually thereafter, the Secretary of Veterans 

18 Affairs shall provide for the conduct of inspections of kitch19 ens and food service areas at each medical facility of the 

20 Department of Veterans Affairs to ensure that the same 

21 standards for kitchens and food service areas at hospitals 

22 in the private sector are being met at kitchens and food 

23 service areas at medical 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 

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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 48 hours; and 

5 (B) Conduct a second inspection under sub6 section (a) at that medical facility within 7 days 

7 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 remediation is completed and all kitchens and food 

15 service areas at that medical facility meet such stand16 ards. 

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) REPORTS.— 


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1 (1) QUARTERLY.—Not less frequently than quar2 terly, the Director of each Veterans Integrated Service 

3 Network shall submit to Congress a report on inspec4 tions conducted under this section during that quarter 

5 at medical facilities of the Department under the ju6 risdiction of that Director. 

7 (2) SUBSEQUENT PERIOD.—A Director of a Vet8 erans Integrated Service Network may submit to Con9 gress the report described in paragraph (1) not less 

10 frequently than semiannually if the Director does not 

11 report any failed inspections for the one-year period 

12 preceding the submittal of the report. 

13 INSPECTION OF MOLD ISSUES AT MEDICAL FACILITIES OF

14 THE DEPARTMENT OF VETERANS AFFAIRS

15 SEC. 255. (a) IN GENERAL.—Not later than 90 days 

16 after the date of the enactment of this Act, and not less fre17 quently than annually thereafter, the Secretary of Veterans 

18 Affairs shall provide for the inspection of mold issues at 

19 medical facilities of the Department of Veterans Affairs. 

20 (b) AGREEMENT.— 

21 (1) IN GENERAL.—The Secretary shall seek to 

22 enter into an agreement with the Joint Commission 

23 on Accreditation of Hospital Organizations under 

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1 pital Organizations conducts the inspections required 

2 under subsection (a). 

3 (2) ALTERNATE ORGANIZATION.—If the Sec4 retary is unable to enter into an agreement described 

5 in paragraph (1) with the Joint Commission on Ac6 creditation of Hospital Organizations on terms ac7 ceptable to the Secretary, the Secretary shall seek to 

8 enter into such an agreement with another appro9 priate organization that— 

10 (A) is not part of the Federal Government; 

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

12 (C) has expertise and objectivity comparable 

13 to that of the Joint Commission on Accreditation 

14 of Hospital Organizations. 

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

16 Department is determined pursuant to an inspection con17 ducted under subsection (a) to have a mold issue, the Sec18 retary shall— 

19 (1) implement a remediation plan for that med20 ical facility within 48 hours; and 

21 (2) Conduct a second inspection under subsection 

22 (a) at that medical facility within 90 days of the ini23 tial inspection. 

24 (d) REPORTS.— 


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1 (1) QUARTERLY.—Not less frequently than quar2 terly, the Director of each Veterans Integrated Service 

3 Network shall submit to the Secretary of Veterans Af4 fairs and Congress a report on inspections conducted 

5 under this section during that quarter at medical fa6 cilities of the Department under the jurisdiction of 

7 that Director. 

8 (2) SUBSEQUENT PERIOD.—A Director of a Vet9 erans Integrated Service Network may submit to Con10 gress the report described in paragraph (1) not less 

11 frequently than semiannually if the Director does not 

12 report any mold issues for the one-year period pre13 ceding the submittal of the report. 

14 COVERAGE UNDER DEPARTMENT OF VETERANS AFFAIRS

15 BENEFICIARY TRAVEL PROGRAM OF TRAVEL IN CON16 NECTION WITH CERTAIN SPECIAL DISABILITIES REHA17 BILITATION

18 SEC. 256. (a) IN GENERAL.—Section 111(b)(1) of title 

19 38, United States Code, is amended by adding at the end 

20 the following new subparagraph: 

21 ‘‘(G) A veteran with vision impairment, a vet22 eran with a spinal cord injury or disorder, or a vet23 eran with double or multiple amputations whose trav24 el is in connection with care provided through a spe25 cial disabilities rehabilitation program of the DepartVerDate Sep 11 2014 23:37 May 20, 2016 Jkt 059200 PO 00000 Frm 00452 Fmt 6652 Sfmt 6203 E:\BILLS\H2577.PP H2577

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1 ment (including programs provided by spinal cord 

2 injury centers, blind rehabilitation centers, and pros3 thetics rehabilitation centers) if such care is pro4 vided— 

5 ‘‘(i) on an in-patient basis; or 

6 ‘‘(ii) during a period in which the Sec7 retary provides the veteran with temporary lodg8 ing at a facility of the Department to make such 

9 care more accessible to the veteran.’’. 

10 (b) REPORT.—Not later than 180 days after the date 

11 of the enactment of this Act, the Secretary of Veterans Af12 fairs shall submit to the Committee on Veterans’ Affairs of 

13 the Senate and the Committee on Veterans’ Affairs of the 

14 House of Representatives a report on the beneficiary travel 

15 program under section 111 of title 38, United States Code, 

16 as amended by subsection (a), that includes the following: 

17 (1) The cost of the program. 

18 (2) The number of veterans served by the pro19 gram. 

20 (3) Such other matters as the Secretary considers 

21 appropriate. 

22 (c) EFFECTIVE DATE.—The amendment made by sub23 section (a) shall take effect on the first day of the first fiscal 

24 year that begins after the date of the enactment of this Act. 


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1 EXTENSION OF REQUIREMENT FOR REPORT ON CAPACITY

2 OF DEPARTMENT OF VETERANS AFFAIRS TO PROVIDE

3 FOR SPECIALIZED TREATMENT AND REHABILITATIVE

4 NEEDS OF DISABLED VETERANS

5 SEC. 257. Section 1706(b)(5)(A) of title 38, United 

6 States Code, is amended, in the first sentence, by striking 

7 ‘‘through 2008’’. 

8 SEC. 258. From the amount made available in this 

9 title under the heading ‘‘Medical Support and Compli10 ance’’, up to $18,000,000 shall be made available for Direc11 tors of Veterans Integrated Service Networks to contract 

12 with appropriate non-Department of Veterans Affairs enti13 ties to assess, evaluate, and improve the health care delivery 

14 by and business operations of medical centers of the Depart15 ment under the jurisdiction of each such Director. 

16 SEC. 259. (a) Not later than 180 days after the enact17 ment of this Act, the Secretary of Veterans Affairs shall 

18 begin an assessment of whether the hiring of marriage and 

19 family therapists trained at Commission on Accreditation 

20 for Marriage and Family Therapy Education accredited in21 stitutions is adversely impacting the ability of the Depart22 ment of Veterans Affairs to hire marriage and family thera23 pists. 


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1 (b) The assessment should also include what steps the 

2 Department of Veterans Affairs is taking to increase hiring 

3 of marriage and family therapists. 

4 (c) Not later than one year after the enactment of this 

5 Act, the Secretary of Veterans Affairs shall submit the re6 port to the House and Senate Veterans Affairs Committees. 

7 SEC. 260. Not later than September 30, 2017, the Sec8 retary of Veterans Affairs shall— 

9 (1) provide for the conduct by the Office of In10 spector General of the Department of Veterans Affairs 

11 of an inspection or audit of the use of Federal award 

12 GU1103 in the amount of $3,265,487 that was 

13 awarded in 2013 to renovate a veteran’s cemetery in 

14 Guam under the Veterans Cemetery Grants Program 

15 of the Department of Veterans Affairs, including— 

16 (A) an itemized accounting of the use of 

17 such award; or 

18 (B) if no such itemized accounting is pos19 sible, an explanation of why any amounts in 

20 connection with such award are unaccounted for; 

21 (2) submit to the Committee on Appropriations 

22 and the Committee on Veterans’ Affairs of the Senate 

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1 atives a report on the results on the inspection or 

2 audit conducted under paragraph (1); and 

3 (3) publish the results on the inspection or audit 

4 conducted under paragraph (1) on a publicly avail5 able Internet website of the Department. 

6 SEC. 261. (a) The Secretary of Veterans Affairs may 

7 use amounts appropriated or otherwise made available in 

8 this title to ensure that the ratio of veterans to full-time 

9 employment equivalents within any program of rehabilita10 tion conducted under chapter 31 of title 38, United States 

11 Code, does not exceed 125 veterans to one full-time employ12 ment equivalent. 

13 (b) Not later than 180 days after the date of the enact14 ment of this Act, the Secretary shall submit to Congress a 

15 report on the programs of rehabilitation conducted under 

16 chapter 31 of title 38, United States Code, including— 

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

18 each such program; and 

19 (2) recommendations for such action as the Sec20 retary considers necessary to reduce the veteran-to21 staff ratio for each such program. 

22 SEC. 262. Not later than September 30, 2017, the Sec23 retary of Veterans Affairs shall submit to Congress a plan 

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1 erans Affairs health care providers for reimbursement for 

2 health care provided to veterans under the laws adminis3 tered by the Secretary. 

4 AUTHORIZATION OF CERTAIN MAJOR MEDICAL FACILITY

5 PROJECTS OF THE DEPARTMENT OF VETERANS AFFAIRS

6 SEC. 263. (a) FINDINGS.—Congress finds the fol7 lowing: 

8 (1) The Military Construction, Veterans Affairs, 

9 and Related Agencies Appropriations Act, 2016, 

10 which was passed by the Senate on November 10, 

11 2015, without a single vote cast against the bill, and 

12 the Consolidated Appropriations Act, 2016 include 

13 the following amounts to be appropriated to the De14 partment of Veterans Affairs: 

15 (A) $35,000,000 to make seismic corrections 

16 to Building 208 at the West Los Angeles Medical 

17 Center of the Department in Los Angeles, Cali18 fornia, which, according to the Department, is a 

19 building that is designated as having an excep20 tionally high risk of sustaining substantial dam21 age or collapsing during an earthquake. 

22 (B) $158,000,000 to provide for the con23 struction of a new research building, site work, 

24 and demolition at the San Francisco Veterans 

25 Affairs Medical Center. 


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1 (C) $161,000,000 to replace Building 133 

2 with a new community living center at the Long 

3 Beach Veterans Affairs Medical Center, which, 

4 according to the Department, is a building that 

5 is designated as having an extremely high risk of 

6 sustaining major damage during an earthquake. 

7 (D) $468,800,000 for construction projects 

8 that are critical to the Department for ensuring 

9 health care access and safety at medical facilities 

10 in Louisville, Kentucky, Jefferson Barracks in 

11 St. Louis, Missouri, Perry Point, Maryland, 

12 American Lake, Washington, Alameda, Cali13 fornia, and Livermore, California. 

14 (2) The Department is unable to obligate or ex15 pend the amounts described in paragraph (1), other 

16 than for construction design, because the Department 

17 lacks an explicit authorization by an Act of Congress 

18 pursuant to section 8104(a)(2) of title 38, United 

19 States Code, to carry out the major medical facility 

20 projects described in such paragraph. 

21 (3) Among the major medical facility projects de22 scribed in paragraph (1), three are critical seismic 

23 safety projects in California. 

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1 creases the risk of a life-threatening building failure 

2 in the case of a major seismic event. 

3 (5) According to the United States Geological 

4 Survey— 

5 (A) California has more than a 99 percent 

6 chance of experiencing an earthquake of mag7 nitude 6.7 or greater in the next 30 years; 

8 (B) even earthquakes of less severity than 

9 magnitude 6.7 can cause life threatening damage 

10 to seismically unsafe buildings; and 

11 (C) in California, earthquakes of magnitude 

12 6.0 or greater occur on average once every 1.2 

13 years. 

14 (6) On January 20, 2016, the Senate passed this 

15 legislation by unanimous consent as S. 2422, 114th 

16 Congress. 

17 (b) AUTHORIZATION.—The Secretary of Veterans Af18 fairs may carry out the following major medical facility 

19 projects, with each project to be carried out in an amount 

20 not to exceed the amount specified for that project: 

21 (1) Seismic corrections to buildings, including 

22 retrofitting and replacement of high-risk buildings, in 

23 San Francisco, California, in an amount not to ex24 ceed $180,480,000. 


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1 (2) Seismic corrections to facilities, including fa2 cilities to support homeless veterans, at the medical 

3 center in West Los Angeles, California, in an amount 

4 not to exceed $105,500,000. 

5 (3) Seismic corrections to the mental health and 

6 community living center in Long Beach, California, 

7 in an amount not to exceed $287,100,000. 

8 (4) Construction of an outpatient clinic, admin9 istrative space, cemetery, and columbarium in Ala10 meda, California, in an amount not to exceed 

11 $87,332,000. 

12 (5) Realignment of medical facilities in Liver13 more, California, in an amount not to exceed 

14 $194,430,000. 

15 (6) Construction of a medical center in Louis16 ville, Kentucky, in an amount not to exceed 

17 $150,000,000. 

18 (7) Construction of a replacement community 

19 living center in Perry Point, Maryland, in an 

20 amount not to exceed $92,700,000. 

21 (8) Seismic corrections and other renovations to 

22 several buildings and construction of a specialty care 

23 building in American Lake, Washington, in an 

24 amount not to exceed $16,260,000. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS FOR CON2 STRUCTION.—There is authorized to be appropriated to the 

3 Secretary of Veterans Affairs for fiscal year 2016 or the 

4 year in which funds are appropriated for the Construction, 

5 Major Projects, account, $1,113,802,000 for the projects au6 thorized in subsection (b). 

7 (d) LIMITATION.—The projects authorized in sub8 section (b) may only be carried out using— 

9 (1) funds appropriated for fiscal year 2016 pur10 suant to the authorization of appropriations in sub11 section (c); 

12 (2) funds available for Construction, Major 

13 Projects, for a fiscal year before fiscal year 2016 that 

14 remain available for obligation; 

15 (3) funds available for Construction, Major 

16 Projects, for a fiscal year after fiscal year 2016 that 

17 remain available for obligation; 

18 (4) funds appropriated for Construction, Major 

19 Projects, for fiscal year 2016 for a category of activity 

20 not specific to a project; 

21 (5) funds appropriated for Construction, Major 

22 Projects, for a fiscal year before fiscal year 2016 for 

23 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. 264. (a) None of the funds made available in this 

5 Act may be used to deny an Inspector General funded under 

6 this Act timely access to any records, documents, or other 

7 materials available to the department or agency over which 

8 that Inspector General has responsibilities under the In9 spector General Act of 1978 (5 U.S.C. App.), or to prevent 

10 or impede that Inspector General’s access to such records, 

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

12 except a provision of law that expressly refers to the Inspec13 tor General and expressly limits the Inspector General’s 

14 right of access. 

15 (b) A department or agency covered by this section 

16 shall provide its Inspector General with access to all such 

17 records, documents, and other materials in a timely man18 ner. 

19 (c) Each Inspector General shall ensure compliance 

20 with statutory limitations on disclosure relevant to the in21 formation provided by the establishment over which that In22 spector General has responsibilities under the Inspector 

23 General Act of 1978 (5 U.S.C. App.). 

24 (d) Each Inspector General covered by this section 

25 shall report to the Committees on Appropriations of the 


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1 House of Representatives and the Senate within 5 calendar 

2 days any failures to comply with this requirement. 

3 SEC. 265. Not later than 180 days after the date of 

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

5 shall submit to the Committee on Appropriations of the 

6 Senate and the Committee on Appropriations of the House 

7 of Representatives a report that contains an update on the 

8 progress of the Department of Veterans Affairs in com9 pleting the Rural Veterans Burial Initiative and the ex10 pected timeline for completion of such initiative. 

11 SEC. 266. Of the funds made available in this title for 

12 fiscal year 2017 for medical support and compliance, not 

13 less than $21,000,000 shall be made available to the Sec14 retary of Veterans Affairs to hire Medical Center Directors 

15 and employees for other management and clinical positions 

16 that are critical to the Department of Veterans Affairs in 

17 order to fill vacancies in such positions. 

18 SEC. 267. None of the funds appropriated or otherwise 

19 made available in this title may be used by the Secretary 

20 of Veterans Affairs to enter into an agreement related to 

21 resolving a dispute or claim with an individual that would 

22 restrict in any way the individual from speaking to mem23 bers of Congress or their staff on any topic not otherwise 

24 prohibited from disclosure by Federal law. 


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1 PREVENTION OF CERTAIN HEALTH CARE PROVIDERS FROM

2 PROVIDING NON-DEPARTMENT HEALTH CARE SERV3 ICES TO VETERANS

4 SEC. 268. (a) IN GENERAL.—One year after enactment 

5 of this Act, the Secretary of Veterans Affairs shall deny or 

6 revoke the eligibility of a health care provider to provide 

7 non-Department health care services to veterans if the Sec8 retary determines that— 

9 (1) the health care provider was removed from 

10 employment with the Department of Veterans Affairs 

11 due to conduct that violated a policy of the Depart12 ment relating to the delivery of safe and appropriate 

13 patient care; 

14 (2) the health care provider violated the require15 ments of a medical license of the health care provider; 

16 (3) the health care provider had a Department 

17 credential revoked and the Secretary determines that 

18 the grounds for such revocation impacts the ability of 

19 the health care provider to deliver safe and appro20 priate care; or 

21 (4) the health care provider violated a law for 

22 which a term of imprisonment of more than one year 

23 may be imposed. 

24 (b) PERMISSIVE ACTION.—One year after enactment 

25 of this Act, the Secretary may deny, revoke, or suspend the 


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1 eligibility of a health care provider to provide non-Depart2 ment health care services if the Secretary has reasonable 

3 belief that such action is necessary to immediately protect 

4 the health, safety, or welfare of veterans and— 

5 (1) the health care provider is under investiga6 tion by the medical licensing board of a State in 

7 which the health care provider is licensed or practices; 

8 (2) the health care provider has entered into a 

9 settlement agreement for a disciplinary charge relat10 ing to the practice of medicine by the health care pro11 vider; or 

12 (3) the Secretary otherwise determines that such 

13 action is appropriate under the circumstances. 

14 (c) SUSPENSION.—The Secretary shall suspend the eli15 gibility of a health care provider to provide non-Depart16 ment health care services to veterans if the health care pro17 vider is suspended from serving as a health care provider 

18 of the Department. 

19 (d) INITIAL REVIEW.—The Secretary shall review the 

20 Department employment status and history of each health 

21 care provider providing non-Department health care serv22 ices to determine instances of circumstances described in 

23 paragraphs (a) through (c) and shall take action as appro24 priate to each circumstance as described in paragraphs (a) 

25 through (c). 


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1 (e) REPORT REQUIRED.—Not later than two years 

2 after the date of the enactment of this Act, the Comptroller 

3 General of the United States shall submit to Congress a re4 port on the implementation by the Secretary of this section, 

5 including the following: 

6 (1) The aggregate number of health care pro7 viders denied or suspended under this section from 

8 participation in providing non-Department health 

9 care services. 

10 (2) An evaluation of any impact on access to 

11 care for patients or staffing shortages in programs of 

12 the Department providing non-Department health 

13 care services. 

14 (3) An explanation of the coordination of the De15 partment with the medical licensing boards of States 

16 in implementing this section, the amount of involve17 ment of such boards in such implementation, and ef18 forts by the Department to address any concerns 

19 raised by such boards with respect to such implemen20 tation. 

21 (4) Such recommendations as the Comptroller 

22 General considers appropriate regarding harmonizing 

23 eligibility criteria between health care providers of the 

24 Department and health care providers eligible to pro25 vide non-Department health care services. 


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1 (f) NON-DEPARTMENT HEALTH CARE SERVICES DE2 FINED.—In this section, the term ‘‘non-Department health 

3 care services’’ means— 

4 (1) services provided under subchapter I of chap5 ter 17 of title 38, United States Code, at non-Depart6 ment facilities (as defined in section 1701 of such 

7 title); 

8 (2) services provided under section 101 of the 

9 Veterans Access, Choice, and Accountability Act of 

10 2014 (Public Law 113–146; 38 U.S.C. 1701 note); 

11 (3) services purchased through the Medical Com12 munity Care account of the Department; or 

13 (4) services purchased with amounts deposited in 

14 the Veterans Choice Fund under section 802 of the 

15 Veterans Access, Choice, and Accountability Act of 

16 2014. 

17 TITLE III 

18 RELATED AGENCIES 

19 AMERICAN BATTLE MONUMENTS COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses, not otherwise provided for, of 

22 the American Battle Monuments Commission, including the 

23 acquisition of land or interest in land in foreign countries; 

24 purchases and repair of uniforms for caretakers of national 

25 cemeteries and monuments outside of the United States and 


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1 its territories and possessions; rent of office and garage 

2 space in foreign countries; purchase (one-for-one replace3 ment basis only) and hire of passenger motor vehicles; not 

4 to exceed $7,500 for official reception and representation 

5 expenses; and insurance of official motor vehicles in foreign 

6 countries, when required by law of such countries, 

7 $75,100,000 to remain available until expended. 

8 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

9 For necessary expenses, not otherwise provided for, of 

10 the American Battle Monuments Commission, such sums as 

11 may be necessary, to remain available until expended, for 

12 purposes authorized by section 2109 of title 36, United 

13 States Code. 

14 UNITED STATES COURT OF APPEALS FOR VETERANS

15 CLAIMS

16 SALARIES AND EXPENSES

17 For necessary expenses for the operation of the United 

18 States Court of Appeals for Veterans Claims as authorized 

19 by sections 7251 through 7298 of title 38, United States 

20 Code, $30,945,100: Provided, That $2,500,000 shall be 

21 available for the purpose of providing financial assistance 

22 as described, and in accordance with the process and report23 ing procedures set forth under this heading in Public Law 

24 102–229. 


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1 DEPARTMENT OF DEFENSE—CIVIL

2 CEMETERIAL EXPENSES, ARMY

3 SALARIES AND EXPENSES

4 For necessary expenses for maintenance, operation, 

5 and improvement of Arlington National Cemetery and Sol6 diers’ and Airmen’s Home National Cemetery, including 

7 the purchase or lease of passenger motor vehicles for replace8 ment on a one-for-one basis only, and not to exceed $1,000 

9 for official reception and representation expenses, 

10 $70,800,000 of which not to exceed $28,000,000 shall re11 main available until September 30, 2019. In addition, such 

12 sums as may be necessary for parking maintenance, repairs 

13 and replacement, to be derived from the ‘‘Lease of Depart14 ment of Defense Real Property for Defense Agencies’’ ac15 count. 

16 ARMED FORCES RETIREMENT HOME

17 TRUST FUND

18 For expenses necessary for the Armed Forces Retire19 ment Home to operate and maintain the Armed Forces Re20 tirement Home—Washington, District of Columbia, and the 

21 Armed Forces Retirement Home—Gulfport, Mississippi, to 

22 be paid from funds available in the Armed Forces Retire23 ment Home Trust Fund, $64,300,000, of which $1,000,000 

24 shall remain available until expended for construction and 

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1 tirement Home—Washington, District of Columbia, and the 

2 Armed Forces Retirement Home—Gulfport, Mississippi: 

3 Provided, That of the amounts made available under this 

4 heading from funds available in the Armed Forces Retire5 ment Home Trust Fund, $22,000,000 shall be paid from 

6 the general fund of the Treasury to the Trust Fund. 

7 ADMINISTRATIVE PROVISIONS

8 SEC. 301. Funds appropriated in this Act under the 

9 heading ‘‘Department of Defense—Civil, Cemeterial Ex10 penses, Army’’, may be provided to Arlington County, Vir11 ginia, for the relocation of the federally owned water main 

12 at Arlington National Cemetery, making additional land 

13 available for ground burials. 

14 SEC. 302. Amounts deposited into the special account 

15 established under 10 U.S.C. 4727 are appropriated and 

16 shall be available until expended to support activities at 

17 the Army National Military Cemeteries. 

18 TITLE IV 

19 GENERAL PROVISIONS 

20 SEC. 401. No part of any appropriation contained in 

21 this Act shall remain available for obligation beyond the 

22 current fiscal year unless expressly so provided herein. 

23 SEC. 402. None of the funds made available in this 

24 Act may be used for any program, project, or activity, when 

25 it is made known to the Federal entity or official to which 


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1 the funds are made available that the program, project, or 

2 activity is not in compliance with any Federal law relating 

3 to risk assessment, the protection of private property rights, 

4 or unfunded mandates. 

5 SEC. 403. All departments and agencies funded under 

6 this Act are encouraged, within the limits of the existing 

7 statutory authorities and funding, to expand their use of 

8 ‘‘E-Commerce’’ technologies and procedures in the conduct 

9 of their business practices and public service activities. 

10 SEC. 404. Unless stated otherwise, all reports and noti11 fications required by this Act shall be submitted to the Sub12 committee on Military Construction and Veterans Affairs, 

13 and Related Agencies of the Committee on Appropriations 

14 of the House of Representatives and the Subcommittee on 

15 Military Construction and Veterans Affairs, and Related 

16 Agencies of the Committee on Appropriations of the Senate. 

17 SEC. 405. None of the funds made available in this 

18 Act may be transferred to any department, agency, or in19 strumentality of the United States Government except pur20 suant to a transfer made by, or transfer authority provided 

21 in, this or any other appropriations Act. 

22 SEC. 406. (a) Any agency receiving funds made avail23 able in this Act, shall, subject to subsections (b) and (c), 

24 post on the public Web site of that agency any report re25 quired to be submitted by the Congress in this or any other 


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1 Act, upon the determination by the head of the agency that 

2 it shall serve the national interest. 

3 (b) Subsection (a) shall not apply to a report if— 

4 (1) the public posting of the report compromises 

5 national security; or 

6 (2) the report contains confidential or propri7 etary information. 

8 (c) The head of the agency posting such report shall 

9 do so only after such report has been made available to the 

10 requesting Committee or Committees of Congress for no less 

11 than 45 days. 

12 SEC. 407. (a) None of the funds made available in this 

13 Act may be used to maintain or establish a computer net14 work unless such network blocks the viewing, downloading, 

15 and exchanging of pornography. 

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

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

18 enforcement agency or any other entity carrying out crimi19 nal investigations, prosecution, or adjudication activities. 

20 SEC. 408. None of the funds made available in this 

21 Act may be used by an agency of the executive branch to 

22 pay for first-class travel by an employee of the agency in 

23 contravention of sections 301–10.122 through 301–10.124 of 

24 title 41, Code of Federal Regulations. 


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1 SEC. 409. (a) IN GENERAL.—None of the funds appro2 priated or otherwise made available to the Department of 

3 Defense in this Act may be used to construct, renovate, or 

4 expand any facility in the United States, its territories, or 

5 possessions to house any individual detained at United 

6 States Naval Station, Guanta ́namo Bay, Cuba, for the pur7 poses of detention or imprisonment in the custody or under 

8 the control of the Department of Defense. 

9 (b) The prohibition in subsection (a) shall not apply 

10 to any modification of facilities at United States Naval 

11 Station, Guanta ́namo Bay, Cuba. 

12 (c) An individual described in this subsection is any 

13 individual who, as of June 24, 2009, is located at United 

14 States Naval Station, Guanta ́namo Bay, Cuba, and who— 

15 (1) is not a citizen of the United States or a 

16 member of the Armed Forces of the United States; and 

17 (2) is— 

18 (A) in the custody or under the effective 

19 control of the Department of Defense; or 

20 (B) otherwise under detention at United 

21 States Naval Station, Guanta ́namo Bay, Cuba. 

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

23 Veterans Affairs, and Related Agencies Appropriations Act, 

24 2017’’. 


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1 TITLE V 

2 ZIKA RESPONSE AND PREPAREDNESS 

3 CHAPTER 1 

4 DEPARTMENT OF HEALTH AND HUMAN 

5 SERVICES 

6 HEALTH RESOURCES AND SERVICES ADMINISTRATION

7 PRIMARY HEALTH CARE

8 For an additional amount for fiscal year 2016 for 

9 ‘‘Primary Health Care’’, $40,000,000 to remain available 

10 until September 30, 2017, to prevent, prepare for, and re11 spond to Zika virus, other vector-borne diseases, and related 

12 health outcomes, domestically and internationally: Pro13 vided, That funds appropriated in this paragraph shall be 

14 used to expand the delivery of primary health services au15 thorized by section 330 of the Public Health Service 

16 (‘‘PHS’’) Act in Puerto Rico and other territories: Provided 

17 further, That such amount is designated by the Congress 

18 as an emergency requirement pursuant to section 

19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985. 

21 HEALTH WORKFORCE

22 For an additional amount for fiscal year 2016 for 

23 ‘‘Health Workforce’’, $6,000,000 to remain available until 

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

25 to Zika virus, other vector-borne diseases, and related health 


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1 outcomes, domestically and internationally: Provided, That 

2 funds appropriated in this paragraph may, for purposes 

3 of providing primary health services in areas affected by 

4 Zika virus or other vector-borne diseases, be used to assign 

5 National Health Service Corps (‘‘NHSC’’) members to 

6 Puerto Rico and other Territories, notwithstanding the as7 signment priorities and limitations in or under sections 

8 333(a)(1)(D), 333(b), or 333A(a) of the PHS Act, and to 

9 make NHSC Loan Repayment Program awards under sec10 tion 338B of such Act: Provided further, That for purposes 

11 of the previous proviso, section 331(a)(3)(D) of the PHS 

12 Act shall be applied as if the term ‘‘primary health services’’ 

13 included health services regarding pediatric subspecialists: 

14 Provided further, That such amount is designated by the 

15 Congress as an emergency requirement pursuant to section 

16 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 MATERNAL AND CHILD HEALTH

19 For an additional amount for fiscal year 2016 for 

20 ‘‘Maternal and Child Health’’, $5,000,000 to remain avail21 able until September 30, 2017, to prevent, prepare for, and 

22 respond to Zika virus, other vector-borne diseases, and re23 lated health outcomes, domestically and internationally: 

24 Provided, That funds appropriated in this paragraph may 

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1 cance in Puerto Rico and other Territories authorized 

2 under section 501 of the Social Security Act, notwith3 standing section 502 of such Act: Provided further, That 

4 such amount is designated by the Congress as an emergency 

5 requirement pursuant to section 251(b)(2)(A)(i) of the Bal6 anced Budget and Emergency Deficit Control Act of 1985. 

7 CENTERS FOR DISEASE CONTROL AND PREVENTION

8 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

9 For an additional amount for fiscal year 2016 for 

10 ‘‘CDC-Wide Activities and Program Support’’, 

11 $449,000,000, to remain available until September 30, 

12 2017, to prevent, prepare for, and respond to Zika virus, 

13 other vector-borne diseases, and related health outcomes, do14 mestically and internationally; and to carry out titles II, 

15 III, and XVII of the PHS Act with respect to domestic pre16 paredness and global health: Provided, That products pur17 chased with these funds may, at the discretion of the Sec18 retary of Health and Human Services, be deposited in the 

19 Strategic National Stockpile under section 319F–2 of the 

20 PHS Act: Provided further, That funds may be used for 

21 purchase and insurance of official motor vehicles in foreign 

22 countries: Provided further, That the provisions in section 

23 317S of the PHS Act shall not apply to the use of funds 

24 appropriated in this paragraph: Provided further, That 

25 funds appropriated in this paragraph may be used for 


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1 grants for the construction, alteration, or renovation of non2 federally owned facilities to improve preparedness and re3 sponse capability at the State and local level: Provided fur4 ther, That of the amount appropriated in this paragraph, 

5 $88,000,000 may be used to reimburse accounts adminis6 tered by the Centers for Disease Control and Prevention for 

7 obligations incurred for Zika virus response prior to the 

8 enactment of this Act: Provided further, That such amount 

9 is designated by the Congress as an emergency requirement 

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

11 and Emergency Deficit Control Act of 1985. 

12 NATIONAL INSTITUTES OF HEALTH

13 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

14 DISEASES

15 For an additional amount for fiscal year 2016 for 

16 ‘‘National Institute of Allergy and Infectious Diseases’’, 

17 $200,000,000, to remain available until September 30, 

18 2017, to prevent, prepare for, and respond to Zika virus, 

19 other vector-borne diseases, and related health outcomes, do20 mestically and internationally, including expenses related 

21 to carrying out section 301 and title IV of the PHS Act: 

22 Provided, That such amount is designated by the Congress 

23 as an emergency requirement pursuant to section 

24 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 


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1 OFFICE OF THE SECRETARY

2 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

3 (INCLUDING TRANSFER OF FUNDS)

4 For an additional amount for fiscal year 2016 for 

5 ‘‘Public Health and Social Services Emergency Fund’’, 

6 $150,000,000, to remain available until September 30, 

7 2017, to prevent, prepare for, and respond to Zika virus, 

8 other vector-borne diseases, and related health outcomes, do9 mestically and internationally; to develop necessary coun10 termeasures and vaccines, including the development and 

11 purchase of vaccines, therapeutics, diagnostics, necessary 

12 medical supplies, and administrative activities; for car13 rying out titles II, III, and XVII of the PHS Act with re14 spect to domestic preparedness and global health; and for 

15 additional payments for distribution as provided for under 

16 the ‘‘Social Services Block Grant Program’’: Provided, That 

17 funds appropriated in this paragraph may be used to pro18 cure security countermeasures (as defined in section 319F– 

19 2(c)(1)(B) of the PHS Act, as amended by this Act): Pro20 vided further, That paragraphs (1) and (7)(C) of subsection 

21 (c) of section 319F–2 of the PHS Act, but no other provi22 sions of such section, shall apply to such security counter23 measures procured with funds appropriated in this para24 graph: Provided further, That products purchased with 

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1 tion of the Secretary of Health and Human Services, be 

2 deposited in the Strategic National Stockpile under section 

3 319F–2 of the PHS Act: Provided further, That counter4 measures related to the Zika virus procured with funds ap5 propriated in this paragraph shall be deemed to be security 

6 countermeasures as defined in section 319F–2(c)(1) of the 

7 PHS Act, and paragraph (7)(C), but no other provision, 

8 of such section 319F–2(c) shall apply to procurements of 

9 such countermeasures: Provided further, That $75,000,000 

10 shall be transferred to ‘‘Social Services Block Grant’’ for 

11 health services, notwithstanding section 2005(a)(4) of the 

12 Social Security Act, in territories with active or local trans13 mission cases of the Zika virus, as confirmed by the Centers 

14 for Disease Control and Prevention: Provided further, That 

15 the Secretary of Health and Human Services shall dis16 tribute funds transferred to the ‘‘Social Services Block 

17 Grant’’ in this paragraph to such territories in accordance 

18 with objective criteria that are made available to the public: 

19 Provided further, That such amount is designated by the 

20 Congress as an emergency requirement pursuant to section 

21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985. 


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1 GENERAL PROVISIONS—THIS CHAPTER

2 (INCLUDING TRANSFER OF FUNDS)

3 SEC. 501. For purposes of preventing, preparing for, 

4 and responding to Zika virus, other vector-borne diseases, 

5 and related health outcomes domestically and internation6 ally, the Secretary of Health and Human Services may use 

7 funds provided in this chapter to acquire, lease, construct, 

8 alter, renovate, equip, furnish, or manage facilities outside 

9 of the United States, as necessary to conduct such programs, 

10 in consultation with the Secretary of State, either directly 

11 for the use of the United States Government or for the use, 

12 pursuant to grants, direct assistance, or cooperative agree13 ments, of public or nonprofit private institutions or agen14 cies in participating foreign countries. 

15 SEC. 502. Funds appropriated by this chapter may be 

16 used by the heads of the Department of Health and Human 

17 Services, Department of State, and the Agency for Inter18 national Development to appoint, without regard to the 

19 provisions of sections 3309 through 3319 of title 5 of the 

20 United States Code, candidates needed for positions to per21 form critical work relating to Zika response for which— 

22 (1) public notice has been given; and 

23 (2) the Secretary of Health and Human Services 

24 has determined that such a public health threat exists. 


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1 SEC. 503. Funds appropriated in this chapter may be 

2 transferred to, and merged with, other appropriation ac3 counts under the headings ‘‘Centers for Disease Control and 

4 Prevention’’, ‘‘Public Health and Social Services Emer5 gency Fund’’, ‘‘Health Resources and Services Administra6 tion’’, and ‘‘National Institutes of Health’’ for the purposes 

7 specified in this chapter following consultation with the Of8 fice of Management and Budget: Provided, That the Com9 mittees on Appropriations shall be notified 10 days in ad10 vance of any such transfer: Provided further, That, upon 

11 a determination that all or part of the funds transferred 

12 from an appropriation are not necessary, such amounts 

13 may be transferred back to that appropriation: Provided 

14 further, That none of the funds made available by this chap15 ter may be transferred pursuant to the authority in section 

16 206 of division G of Public Law 113–235 or section 241(a) 

17 of the PHS Act. 

18 SEC. 504. Not later than 30 days after enactment of 

19 this Act, the Secretary of Health and Human Services shall 

20 provide a detailed spend plan of anticipated uses of funds 

21 made available in this chapter, including estimated per22 sonnel and administrative costs, to the Committees on Ap23 propriations: Provided, That such plans shall be updated 

24 and submitted to the Committee on Appropriations of the 


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1 Senate every 90 days until September 30, 2017, and every 

2 180 days thereafter until all funds have been fully expended. 

3 CHAPTER 2 

4 DEPARTMENT OF STATE 

5 ADMINISTRATION OF FOREIGN AFFAIRS

6 DIPLOMATIC AND CONSULAR PROGRAMS

7 For an additional amount for fiscal year 2016 for 

8 ‘‘Diplomatic and Consular Programs’’, $14,594,000, to re9 main available until September 30, 2017, for necessary ex10 penses to support response efforts related to the Zika virus 

11 and related health outcomes, other vector-borne diseases, or 

12 other infectious diseases: Provided, That up to $4,000,000 

13 may be made available for medical evacuation costs of any 

14 other Department or agency of the United States under 

15 Chief of Mission authority, and may be transferred to any 

16 other appropriation of such Department or agency for such 

17 costs: Provided further, That such amount is designated by 

18 the Congress as an emergency requirement pursuant to sec19 tion 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985. 

21 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

22 SERVICE

23 For an additional amount for fiscal year 2016 for 

24 ‘‘Emergencies in the Diplomatic and Consular Service’’, 

25 $4,000,000 for necessary expenses to support response efforts 


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1 related to the Zika virus and related health outcomes, other 

2 vector-borne diseases, or other infectious diseases, to remain 

3 available until expended: Provided, That such amount is 

4 designated by the Congress as an emergency requirement 

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

6 and Emergency Deficit Control Act of 1985. 

7 REPATRIATION LOANS PROGRAM ACCOUNT

8 For an additional amount for fiscal year 2016 for 

9 ‘‘Repatriation Loans Program Account’’ for the cost of di10 rect loans, $1,000,000, to support response efforts related 

11 to the Zika virus and related health outcomes, other vector12 borne diseases, or other infectious diseases, to remain avail13 able until expended: Provided, That such costs, including 

14 costs of modifying such loans, shall be as defined in section 

15 502 of the Congressional Budget Act of 1974: Provided fur16 ther, That such funds are available to subsidize an addi17 tional amount of gross obligations for the principal amount 

18 of direct loans not to exceed $1,880,406: Provided further, 

19 That such amount is designated by the Congress as an emer20 gency requirement pursuant to section 251(b)(2)(A)(i) of 

21 the Balanced Budget and Emergency Deficit Control Act 

22 of 1985. 


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1 UNITED STATES AGENCY FOR INTERNATIONAL

2 DEVELOPMENT

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 OPERATING EXPENSES

5 For an additional amount for fiscal year 2016 for 

6 ‘‘Operating Expenses’’, $10,000,000, to remain available 

7 until September 30, 2017, for necessary expenses to support 

8 response efforts related to the Zika virus and related health 

9 outcomes, other vector-borne diseases, or other infectious dis10 eases: Provided, That such amount is designated by the 

11 Congress as an emergency requirement pursuant to section 

12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 BILATERAL ECONOMIC ASSISTANCE

15 FUNDS APPROPRIATED TO THE PRESIDENT

16 GLOBAL HEALTH PROGRAMS

17 For an additional amount for fiscal year 2016 for 

18 ‘‘Global Health Programs’’, $211,000,000, to remain avail19 able until expended, for necessary expenses for assistance 

20 or research to prevent, treat, or otherwise respond to the 

21 Zika virus and related health outcomes, other vector-borne 

22 diseases, or other infectious diseases: Provided, That such 

23 funds may be made available for multi-year funding com24 mitments to incentivize the development of global health 

25 technologies, following consultation with the Committees on 


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1 Appropriations: Provided further, That none of the funds 

2 appropriated in this chapter may be made available for the 

3 Grand Challenges for Development program: Provided fur4 ther, That such amount is designated by the Congress as 

5 an emergency requirement pursuant to section 

6 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 INTERNATIONAL SECURITY ASSISTANCE

9 DEPARTMENT OF STATE

10 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

11 RELATED PROGRAMS

12 For an additional amount for fiscal year 2016 for 

13 ‘‘Nonproliferation, Anti-terrorism, Demining and Related 

14 Programs’’, $4,000,000, to remain available until Sep15 tember 30, 2017, for necessary expenses to support response 

16 and research efforts related to the Zika virus and related 

17 health outcomes, other vector-borne diseases, or other infec18 tious diseases: Provided, That such amount is designated 

19 by the Congress as an emergency requirement pursuant to 

20 section 251(b)(2)(A)(i) of the Balanced Budget and Emer21 gency Deficit Control Act of 1985. 


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1 MULTILATERAL ASSISTANCE

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

4 For an additional amount for fiscal year 2016 for 

5 ‘‘International Organizations and Programs’’, $13,500,000, 

6 to remain available until September 30, 2017 for necessary 

7 expenses to support response and research efforts related to 

8 the Zika virus and related health outcomes, other vector9 borne diseases, or other infectious diseases: Provided, That 

10 section 307(a) of the Foreign Assistance Act of 1961 shall 

11 not apply to funds appropriated under this heading: Pro12 vided further, That such amount is 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. 

16 GENERAL PROVISIONS—THIS CHAPTER

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 505. (a) Funds appropriated by this chapter 

19 under the headings ‘‘Global Health Programs’’, ‘‘Non20 proliferation, Anti-terrorism, Demining and Related Pro21 grams’’, ‘‘International Organizations and Programs’’, and 

22 ‘‘Operating Expenses’’ may be transferred to, and merged 

23 with, funds appropriated by this chapter under such head24 ings to carry out the purposes of this chapter. 


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1 (b) Funds appropriated by this chapter under the 

2 headings ‘‘Diplomatic and Consular Programs’’, ‘‘Emer3 gencies in the Diplomatic and Consular Service’’, and ‘‘Re4 patriation Loans Program Account’’ may be transferred to, 

5 and merged with, funds appropriated by this chapter under 

6 such headings to carry out the purposes of this chapter. 

7 (c) The transfer authorities provided by this section 

8 are in addition to any other transfer authority provided 

9 by law. 

10 (d) Upon a determination that all or part of the funds 

11 transferred pursuant to the authorities provided by this sec12 tion are not necessary for such purposes, such amounts may 

13 be transferred back to such appropriations. 

14 (e) No funds shall be transferred pursuant to this sec15 tion unless at least 15 days prior to making such transfer 

16 the Secretary of State or the Administrator of the United 

17 States Agency for International Development (USAID), as 

18 appropriate, notifies the Committees on Appropriations in 

19 writing of the details of any such transfer. 

20 NOTIFICATION REQUIREMENT

21 SEC. 506. Funds appropriated by this chapter that are 

22 made available to respond to the Zika virus outbreak, other 

23 vector-borne diseases, or other infectious diseases shall not 

24 be available for obligation unless the Secretary of State or 

25 the USAID Administrator, as appropriate, notifies the 


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1 Committees on Appropriations in writing at least 15 days 

2 in advance of such obligation. 

3 SPEND PLAN REQUIREMENT

4 SEC. 507. Not later than 45 days after enactment of 

5 this Act and prior to the obligation of funds made available 

6 by this chapter to respond to the Zika virus outbreak, other 

7 vector-borne diseases, or other infectious diseases, the Sec8 retary of State and the USAID Administrator, as appro9 priate, shall submit spend plans to the Committees on Ap10 propriations on the anticipated uses of funds on a country 

11 and project basis, including estimated personnel and ad12 ministrative costs: Provided, That such plans shall be up13 dated and submitted to the Committee on Appropriations 

14 every 90 days until September 30, 2017, and every 180 days 

15 thereafter until all funds have been fully expended. 

16 COMPTROLLER GENERAL OVERSIGHT

17 SEC. 508. Of the funds appropriated by this chapter, 

18 up to $500,000 shall be made available to the Comptroller 

19 General of the United States, to remain available until ex20 pended, for oversight of activities supported pursuant to 

21 this chapter with funds appropriated by this chapter: Pro22 vided, That the Secretary of State and USAID Adminis23 trator, as appropriate, and the Comptroller General shall 

24 consult with the Committees on Appropriations prior to ob25 ligating such funds. 


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1 RESCISSION

2 SEC. 509. Of the unobligated balances available under 

3 the heading ‘‘Operating Expenses’’ in title IX of the Depart4 ment of State, Foreign Operations, and Related Programs 

5 Appropriations Act, 2015 (division J of Public Law 113– 

6 235), $10,000,000 are rescinded: Provided, That such 

7 amounts are designated by the Congress as an emergency 

8 requirement pursuant to section 251(b)(2)(A)(i) of the Bal9 anced Budget and Emergency Deficit Control Act of 1985. 

10 CHAPTER 3 

11 GENERAL PROVISIONS—THIS TITLE 

12 EXTENSION OF AUTHORITIES AND PROVISIONS

13 SEC. 510. Unless otherwise provided for by this title, 

14 the additional amounts appropriated pursuant to this title 

15 for fiscal year 2016 are subject to the requirements for funds 

16 contained in the Consolidated Appropriations Act, 2016 

17 (Public Law 114–113). 

18 PERSONAL SERVICE CONTRACTORS

19 SEC. 511. Funds made available by this title to sup20 port response efforts related to the Zika virus and related 

21 health outcomes, other vector-borne diseases, or other infec22 tious diseases may be used to enter into contracts with indi23 viduals for the provision of personal services (as described 

24 in section 104 of part 37 of title 48, Code of Federal Regula25 tions (48 CFR 37.104)), within the United States and 


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1 abroad, subject to prior consultation with, and the notifica2 tion procedures of, the Committees on Appropriations: Pro3 vided, That such individuals may not be deemed employees 

4 of the United States for the purpose of any law adminis5 tered by the Office of Personnel Management. 

6 DESIGNATION REQUIREMENT

7 SEC. 512. Each amount designated in this title by the 

8 Congress as an emergency requirement pursuant to section 

9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

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

11 if applicable) only if the President subsequently so des12 ignates all such amounts and transmits such designations 

13 to the Congress. 

14 EFFECTIVE DATE

15 SEC. 513. This title shall become effective immediately 

16 upon enactment of this Act. 

Passed the House of Representatives June 9, 2015. 

Attest: KAREN L. HAAS, 

Clerk. 

Passed the Senate May 19, 2016. 

Attest: JULIE E. ADAMS, 

Secretary. 


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