[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2806 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 424
114th CONGRESS
2d Session
S. 2806
[Report No. 114-237]
Making appropriations for military construction, the Department of
Veterans Affairs, and related agencies for the fiscal year ending
September 30, 2017, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2016
Mr. Kirk, from the Committee on Appropriations, reported the following
original bill; which was read twice and placed on the calendar
_______________________________________________________________________
A BILL
Making appropriations for military construction, the Department of
Veterans Affairs, and related agencies for the fiscal year ending
September 30, 2017, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending September 30,
2017, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $532,359,000, to remain available
until September 30, 2021.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $1,087,572,000, to remain available until September 30,
2021.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $1,579,798,000, to remain available until September 30, 2021.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of Defense
(other than the military departments), as currently authorized by law,
$2,038,980,000, to remain available until September 30, 2021:
Provided, That such amounts of this appropriation as may be determined
by the Secretary of Defense may be transferred to such appropriations
of the Department of Defense available for military construction or
family housing as the Secretary may designate, to be merged with and to
be available for the same purposes, and for the same time period, as
the appropriation or fund to which transferred.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $232,930,000, to remain available until September
30, 2021.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $143,957,000, to remain available until September
30, 2021.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $68,230,000, to
remain available until September 30, 2021.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $38,597,000, to remain available until September
30, 2021.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $188,950,000, to
remain available until September 30, 2021.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $177,932,000, to remain available until expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account,
established by section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $205,237,000, to remain
available until expended.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $325,995,000.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $300,915,000.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $274,429,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $59,157,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$3,258,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $200,735,000, to remain available
until September 30, 2021.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $94,011,000, to remain
available until September 30, 2021.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $61,352,000, to remain available
until September 30, 2021.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be
expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.
Sec. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may
be used for advances to the Federal Highway Administration, Department
of Transportation, for the construction of access roads as authorized
by section 210 of title 23, United States Code, when projects
authorized therein are certified as important to the national defense
by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for
military construction.
Sec. 107. None of the funds made available in this title for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committees on Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be
used for the procurement of steel for any construction project or
activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such
steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be
used to initiate a new installation overseas without prior notification
to the Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be
obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Gulf, unless such contracts are awarded
to United States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and possessions
in the Pacific and on Kwajalein Atoll, or in countries bordering the
Arabian Gulf, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor: Provided,
That this section shall not be applicable to contract awards for which
the lowest responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of plans and scope of any proposed military exercise
involving United States personnel 30 days prior to its occurring, if
amounts expended for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 115. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available,
if the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, such additional amounts as
may be determined by the Secretary of Defense may be transferred to:
(1) the Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts, to be
merged with and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502(5) of the Congressional
Budget Act of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of subchapter IV of
chapter 169 of title 10, United States Code, pertaining to alternative
means of acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the
Department of Defense Base Closure Account to the fund established by
section 1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated
with the Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with and be
available for the same purposes and for the same time period as the
fund to which transferred.
Sec. 119. Notwithstanding any other provision of law, funds made
available in this title for operation and maintenance of family housing
shall be the exclusive source of funds for repair and maintenance of
all family housing units, including general or flag officer quarters:
Provided, That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer quarters
without 30 days prior notification, or 14 days for a notification
provided in an electronic medium pursuant to sections 480 and 2883 of
title 10, United States Code, to the Committees on Appropriations of
both Houses of Congress, except that an after-the-fact notification
shall be submitted if the limitation is exceeded solely due to costs
associated with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided further,
That the Under Secretary of Defense (Comptroller) is to report annually
to the Committees on Appropriations of both Houses of Congress all
operation and maintenance expenditures for each individual general or
flag officer quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United
States Code, are appropriated and shall be available until expended for
the purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations available
in this Act to the Department of Defense for military construction and
family housing operation and maintenance and construction have expired
for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations incurred
during the period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction, Defense'',
to be merged with and to be available for the same time period and for
the same purposes as the appropriation to which transferred.
Sec. 122. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred
among projects and activities within the account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of February 2009, as in
effect on the date of enactment of this Act.
Sec. 123. None of the funds made available in this title may be
obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
Sec. 124. For the purposes of this Act, the term ``congressional
defense committees'' means the Committees on Armed Services of the
House of Representatives and the Senate, the Subcommittee on Military
Construction and Veterans Affairs of the Committee on Appropriations of
the Senate, and the Subcommittee on Military Construction and Veterans
Affairs of the Committee on Appropriations of the House of
Representatives.
Sec. 125. For an additional amount for the accounts and in the
amounts specified, to remain available until September 30, 2021:
``Military Construction, Army'', $40,500,000;
``Military Construction, Navy and Marine Corps'',
$143,000,000;
``Military Construction, Air Force'', $195,465,000;
``Military Construction, Defense-Wide'', $64,364,000;
``Military Construction, Army National Guard'',
$16,500,000;
``Military Construction, Air National Guard'', $11,000,000;
``Military Construction, Army Reserve'', $30,000,000;
``Family Housing Construction, Army'', $14,400,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military
department's unfunded priority list for fiscal year 2017 submitted to
Congress: Provided further, That such funds are subject to
authorization prior to obligation and expenditure of funds to carry out
construction: Provided further, That not later than 30 days after
enactment of this Act, the Secretary of the military department
concerned, or their designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this section.
(rescissions of funds)
Sec. 126. Of the unobligated balances available to the Department
of Defense from prior appropriation Acts, the following funds are
hereby rescinded from the following accounts in the amounts specified:
``Military Construction, Army'', $30,000,000;
``Military Construction, Air Force'', $22,340,000;
``Military Construction, Defense-Wide'', $132,283,000; and
``North Atlantic Treaty Organization Security Investment
Program'', $15,000,000:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism or as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Sec. 127. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available by this or any other Act
may be used to consolidate or relocate any element of a United States
Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron
Engineer (RED HORSE) outside of the United States until the Secretary
of the Air Force (1) completes an analysis and comparison of the cost
and infrastructure investment required to consolidate or relocate a RED
HORSE squadron outside of the United States versus within the United
States; (2) provides to the Committees on Appropriations of both Houses
of Congress (``the Committees'') a report detailing the findings of the
cost analysis; and (3) certifies in writing to the Committees that the
preferred site for the consolidation or relocation yields the greatest
savings for the Air Force: Provided, That the term ``United States''
in this section does not include any territory or possession of the
United States.
Sec. 128. None of the funds made available by this Act may be used
to carry out the closure or transfer of the United States Naval
Station, Guantanamo Bay, Cuba.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
United States Code; pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
States Code; and burial benefits, the Reinstated Entitlement Program
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of title IV of
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
for other benefits as authorized by sections 107, 1312, 1977, and 2106,
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$90,119,449,000, to remain available until expended and to become
available on October 1, 2017: Provided, That not to exceed $17,224,000
of the amount made available for fiscal year 2018 under this heading
shall be reimbursed to ``General Operating Expenses, Veterans Benefits
Administration'', and ``Information Technology Systems'' for necessary
expenses in implementing the provisions of chapters 51, 53, and 55 of
title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and Pensions''
appropriation: Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to ``Medical Care
Collections Fund'' to augment the funding of individual medical
facilities for nursing home care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35,
36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code,
$13,708,648,000, to remain available until expended and to become
available on October 1, 2017: Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5), and (11)
of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21,
title 38, United States Code, $124,504,000, to remain available until
expended, of which $107,899,000 shall become available on October 1,
2017.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That, during fiscal year 2017, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $198,856,000.
vocational rehabilitation loans program account
For the cost of direct loans, $36,000, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds
made available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,517,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $389,000, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,163,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration
for security guard services, and reimbursement of the Department of
Defense for the cost of overseas employee mail, $2,856,160,000:
Provided, That expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38,
United States Code, that the Secretary of Veterans Affairs determines
are necessary to enable entitled veterans: (1) to the maximum extent
feasible, to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily living,
shall be charged to this account: Provided further, That, of the funds
made available under this heading, not to exceed 5 percent shall remain
available until September 30, 2018.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section
1705(a) of title 38, United States Code, including care and treatment
in facilities not under the jurisdiction of the Department, and
including medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees hired under
title 38, United States Code, aid to State homes as authorized by
section 1741 of title 38, United States Code, assistance and support
services for caregivers as authorized by section 1720G of title 38,
United States Code, loan repayments authorized by section 604 of the
Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital care and
medical services authorized by section 1787 of title 38, United States
Code; $1,078,993,000, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2016; and, in addition, $44,886,554,000, plus reimbursements, shall
become available on October 1, 2017, and shall remain available until
September 30, 2018: Provided, That, of the amount made available on
October 1, 2017, under this heading, $1,400,000,000 shall remain
available until September 30, 2019: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans
Affairs shall establish a priority for the provision of medical
treatment for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs shall
give priority funding for the provision of basic medical benefits to
veterans in enrollment priority groups 1 through 6: Provided further,
That, notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription drugs
from Veterans Health Administration facilities to enrolled veterans
with privately written prescriptions based on requirements established
by the Secretary: Provided further, That the implementation of the
program described in the previous proviso shall incur no additional
cost to the Department of Veterans Affairs: Provided further, That the
Secretary of Veterans Affairs shall ensure that sufficient amounts
appropriated under this heading for medical supplies and equipment are
available for the acquisition of prosthetics designed specifically for
female veterans.
medical community care
For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $7,246,181,000, plus reimbursements, of which
$2,000,000,000 shall remain available until September 30, 2020; and, in
addition, $9,409,118,000 shall become available on October 1, 2017, and
shall remain available until September 30, 2018: Provided, That of the
amount made available on October 1, 2017, $1,500,000,000 shall remain
available until September 30, 2021.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
$6,654,480,000, plus reimbursements, shall become available on October
1, 2017, and shall remain available until September 30, 2018:
Provided, That, of the amount made available on October 1, 2017, under
this heading, $100,000,000 shall remain available until September 30,
2019.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by
the hire of temporary employees and purchase of materials; for leases
of facilities; and for laundry services; $495,100,000, which shall be
in addition to funds previously appropriated under this heading that
became available on October 1, 2016; and, in addition, $5,434,880,000,
plus reimbursements, shall become available on October 1, 2017, and
shall remain available until September 30, 2018: Provided, That, of
the amount made available on October 1, 2017, under this heading,
$250,000,000 shall remain available until September 30, 2019.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of
title 38, United States Code, $675,366,000, plus reimbursements, shall
remain available until September 30, 2018: Provided, That the
Secretary of Veterans Affairs shall ensure that sufficient amounts
appropriated under this heading are available for prosthetic research
specifically for female veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $286,193,000, of which not to exceed 10
percent shall remain available until September 30, 2018.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $417,959,000, of which not to exceed 5 percent
shall remain available until September 30, 2018: Provided, That funds
provided under this heading may be transferred to ``General Operating
Expenses, Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans Appeals,
$156,096,000, of which not to exceed 10 percent shall remain available
until September 30, 2018: Provided, That up to $2,500,000 may be
available to facilitate the furnishing of legal and other assistance,
without charge, to veterans and other individuals who are unable to
afford the cost of legal representation in connection with a decision
by the Board of Veterans Appeals under chapter 71 of title 38, United
States Code, in accordance with the process and reporting procedures
set forth in Public Law 102-229 under the heading ``Salaries and
Expenses'' under the heading ``Court of Veterans Appeals'': Provided
further, That the Board of Veterans Appeals submits to the Committees
on Appropriations of both Houses of Congress a certification that there
is a substantial unmet need for pro bono representation before the
Board of Veterans Appeals prior to expending funds for this purpose.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$4,278,259,000, plus reimbursements: Provided, That $1,272,548,000
shall be for pay and associated costs, of which not to exceed
$37,100,000 shall remain available until September 30, 2018: Provided
further, That $2,534,442,000 shall be for operations and maintenance,
of which not to exceed $180,200,000 shall remain available until
September 30, 2018: Provided further, That $471,269,000 shall be for
information technology systems development, modernization, and
enhancement, and shall remain available until September 30, 2018:
Provided further, That amounts made available for information
technology systems development, modernization, and enhancement may not
be obligated or expended until the Secretary of Veterans Affairs or the
Chief Information Officer of the Department of Veterans Affairs submits
to the Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be obligated and
expended for each development project: Provided further, That amounts
made available for salaries and expenses, operations and maintenance,
and information technology systems development, modernization, and
enhancement may be transferred among the three subaccounts after the
Secretary of Veterans Affairs requests from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued: Provided further, That amounts
made available for the ``Information Technology Systems'' account for
development, modernization, and enhancement may be transferred among
projects or to newly defined projects: Provided further, That no
project may be increased or decreased by more than $1,000,000 of cost
prior to submitting a request to the Committees on Appropriations of
both Houses of Congress to make the transfer and an approval is issued,
or absent a response, a period of 30 days has elapsed: Provided
further, That funds under this heading may be used by the Interagency
Program Office through the Department of Veterans Affairs to define
data standards, code sets, and value sets used to enable
interoperability: Provided further, That of the funds made available
for information technology systems development, modernization, and
enhancement for VistA Evolution or any successor program, not more than
25 percent may be obligated or expended until the Secretary of Veterans
Affairs:
(1) Certifies in writing to the Committees on
Appropriations of both Houses of Congress that the Department
of Veterans Affairs has met the requirements contained in the
National Defense Authorization Act of Fiscal Year 2014 (Public
Law 113-66) which require that electronic health record systems
of the Department of Defense and the Department of Veterans
Affairs have reached interoperability, comply with national
standards and architectural requirements identified by the DoD/
VA Interagency Program Office in collaboration with the Office
of National Coordinator for Health Information Technology;
(2) submits to the Committees on Appropriations of both
Houses of Congress the VistA Evolution Business Case and
supporting documents regarding continuation of VistA Evolution
or alternatives to VistA Evolution, including an analysis of
necessary or desired capabilities, technical and security
requirements, the plan for modernizing the platform framework,
and all associated costs;
(3) submits to the Committees on Appropriations of both
Houses of Congress, and such Committees approve, the following:
a report that describes a strategic plan for VistA Evolution,
or any successor program, and the associated implementation
plan including metrics and timelines; a master schedule and
lifecycle cost estimate for VistA Evolution or any successor;
and an implementation plan for the transition from the Project
Management Accountability System to a new project delivery
framework, the Veteran-focused Integration Process, that
includes the methodology by which projects will be tracked,
progress measured, and deliverables evaluated;
(4) submits to the Committees on Appropriations of both
Houses of Congress a report outlining the strategic plan to
reach interoperability with private sector healthcare
providers, the timeline for reaching ``meaningful use'' as
defined by the Office of National Coordinator for Health
Information Technology for each data domain covered under the
VistA Evolution program, and the extent to which the Department
of Veterans Affairs leverages the State Health Information
Exchanges to share health data with private sector providers;
and
(5) submits to the Committees on Appropriations of both
Houses of Congress, and such Committees approve, the following:
a report that describes the extent to which VistA Evolution, or
any successor program, maximizes the use of commercially
available software used by DoD and the private sector, requires
an open architecture that leverages best practices and rapidly
adapts to technologies produced by the private sector, enhances
full interoperability between the VA and DoD and between VA and
the private sector, and ensures the security of personally
identifiable information of veterans and beneficiaries:
Provided further, That the funds made available under this heading
for information technology systems development, modernization, and
enhancement, shall be for the projects, and in the amounts, specified
under this heading in the report accompanying this Act.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $160,106,000, of which
not to exceed 10 percent shall remain available until September 30,
2018.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
more than the amount set forth in section 8104(a)(3)(A) of title 38,
United States Code, or where funds for a project were made available in
a previous major project appropriation, $528,110,000, of which
$448,110,000 shall remain available until September 30, 2021, and of
which $80,000,000 shall remain available until expended: Provided,
That except for advance planning activities, including needs
assessments which may or may not lead to capital investments, and other
capital asset management related activities, including portfolio
development and management activities, and investment strategy studies
funded through the advance planning fund and the planning and design
activities funded through the design fund, including needs assessments
which may or may not lead to capital investments, and salaries and
associated costs of the resident engineers who oversee those capital
investments funded through this account and contracting officers who
manage specific major construction projects, and funds provided for the
purchase, security, and maintenance of land for the National Cemetery
Administration through the land acquisition line item, none of the
funds made available under this heading shall be used for any project
that has not been notified to Congress through the budgetary process or
that has not been approved by the Congress through statute, joint
resolution, or in the explanatory statement accompanying such Act and
presented to the President at the time of enrollment: Provided
further, That funds made available under this heading for fiscal year
2017, for each approved project shall be obligated: (1) by the awarding
of a construction documents contract by September 30, 2017; and (2) by
the awarding of a construction contract by September 30, 2018:
Provided further, That the Secretary of Veterans Affairs shall promptly
submit to the Committees on Appropriations of both Houses of Congress a
written report on any approved major construction project for which
obligations are not incurred within the time limitations established
above: Provided further, That, of the amount made available under this
heading, $222,620,000 for Veterans Health Administration major
construction projects shall not be available until the Department of
Veterans Affairs--
(1) enters into an agreement with an appropriate non-
Department of Veterans Affairs Federal entity to serve as the
design and/or construction agent for any Veterans Health
Administration major construction project with a Total
Estimated Cost of $100,000,000 or above by providing full
project management services, including management of the
project design, acquisition, construction, and contract
changes, consistent with section 502 of Public Law 114-58; and
(2) certifies in writing that such an agreement is executed
and intended to minimize or prevent subsequent major
construction project cost overruns and provides a copy of the
agreement entered into and any required supplementary
information to the Committees on Appropriations of both Houses
of Congress.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or for any of
the purposes set forth in sections 316, 2404, 2406 and chapter 81 of
title 38, United States Code, not otherwise provided for, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$372,069,000, to remain available until September 30, 2021, along with
unobligated balances of previous ``Construction, Minor Projects''
appropriations which are hereby made available for any project where
the estimated cost is equal to or less than the amount set forth in
such section: Provided, That funds made available under this heading
shall be for: (1) repairs to any of the nonmedical facilities under the
jurisdiction or for the use of the Department which are necessary
because of loss or damage caused by any natural disaster or
catastrophe; and (2) temporary measures necessary to prevent or to
minimize further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $90,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $45,000,000, to remain
available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2017 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as necessary
to any other of the mentioned appropriations: Provided, That, before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2017, in this or any other Act, under the
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts may be transferred
among the accounts: Provided, That any transfers between the ``Medical
Services'' and ``Medical Support and Compliance'' accounts of 1 percent
or less of the total amount appropriated to the account in this or any
other Act may take place subject to notification from the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress of the amount and purpose of the transfer: Provided further,
That any transfers between the ``Medical Services'' and ``Medical
Support and Compliance'' accounts in excess of 1 percent, or exceeding
the cumulative 1 percent for the fiscal year, may take place only after
the Secretary requests from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and an approval
is issued: Provided further, That any transfers to or from the
``Medical Facilities'' account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States
Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the purchase
of any site for or toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws
providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
Services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for payment
of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter
of fiscal year 2016.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only
from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2017, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title 38,
United States Code, the Veterans' Special Life Insurance Fund under
section 1923 of title 38, United States Code, and the United States
Government Life Insurance Fund under section 1955 of title 38, United
States Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology Systems''
accounts for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement shall be
made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2017 that are available for dividends in
that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration for
fiscal year 2017 which is properly allocable to the provision of each
such insurance program and to the provision of any total disability
income insurance included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management of the Department of Veterans Affairs
and the Office of Employment Discrimination Complaint Adjudication
under section 319 of title 38, United States Code, for all services
provided at rates which will recover actual costs but not to exceed
$47,668,000 for the Office of Resolution Management and $3,532,000 for
the Office of Employment Discrimination Complaint Adjudication:
Provided, That payments may be made in advance for services to be
furnished based on estimated costs: Provided further, That amounts
received shall be credited to the ``General Administration'' and
``Information Technology Systems'' accounts for use by the office that
provided the service.
Sec. 211. None of the funds in this or any other Act may be used
to close Department of Veterans Affairs (VA) hospitals, domiciliaries,
or clinics, conduct an environmental assessment, or to diminish
healthcare services at existing Veterans Health Administration medical
facilities located in Veterans Integrated Service Network 23 as part of
a planned realignment of VA services until the Secretary provides to
the Committees on Appropriations of both Houses of Congress a report
including the following elements:
(1) a national realignment strategy that includes a
detailed description of realignment plans within each Veterans
Integrated Service Network (VISN), including an updated Long
Range Capital Plan to implement realignment requirements;
(2) an explanation of the process by which those plans were
developed and coordinated within each VISN;
(3) a cost vs. benefit analysis of each planned
realignment, including the cost of replacing Veterans Health
Administration services with contract care or other outsourced
services;
(4) an analysis of how any such planned realignment of
services will impact access to care for veterans living in
rural or highly rural areas, including travel distances and
transportation costs to access a VA medical facility and
availability of local specialty and primary care;
(5) an inventory of VA buildings with historic designation
and the methodology used to determine the buildings' condition
and utilization;
(6) a description of how any realignment will be consistent
with requirements under the National Historic Preservation Act;
and
(7) consideration given for reuse of historic buildings
within newly identified realignment requirements: Provided,
That, this provision shall not apply to capital projects in
VISN 23, or any other VISN, which have been authorized or
approved by Congress.
Sec. 212. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States
Code, for a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided
further, That any amounts so recovered for care or services provided in
a prior fiscal year may be obligated by the Secretary during the fiscal
year in which amounts are received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects''
and ``Construction, Minor Projects'' accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction or for
the use of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction, Major
Projects'' and ``Construction, Minor Projects''.
Sec. 214. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to the ``Medical Services'' and ``Medical
Community Care'' accounts, to remain available until expended for the
purposes of these accounts.
Sec. 216. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State of
Alaska and Indian tribes and tribal organizations which are party to
the Alaska Native Health Compact with the Indian Health Service, to
provide healthcare, including behavioral health and dental care, to
veterans in rural Alaska. The Secretary shall require participating
veterans and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term ``rural Alaska''
shall mean those lands which are not within the boundaries of the
municipality of Anchorage or the Fairbanks North Star Borough.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
(rescission of funds)
Sec. 218. Of the amounts appropriated in title II of division J of
Public Law 114-113 under the heading ``Medical Services'' which become
available on October 1, 2016, $7,246,181,000 are hereby rescinded.
Sec. 219. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a report on the
financial status of the Department of Veterans Affairs for the
preceding quarter: Provided, That, at a minimum, the report shall
include the direction contained in the explanatory statement described
in section 4 in the matter preceding division A of the Consolidated
Appropriations Act, 2016 Public Law 114-113 in title II of Division J
of the consolidated Act in the paragraph entitled ``Quarterly Report'',
under the heading ``General Administration''.
(including transfer of funds)
Sec. 220. Amounts made available under the ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``General Administration'', and ``National Cemetery
Administration'' accounts for fiscal year 2017 may be transferred to or
from the ``Information Technology Systems'' account: Provided, That
such transfers may not result in a more than 10 percent aggregate
increase in the total amount made available by this Act for the
``Information Technology Systems'' account: Provided further, That,
before a transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and an approval is issued.
Sec. 221. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
(including transfer of funds)
Sec. 222. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2017 for ``Medical Services'',
``Medical Support and Compliance'', ``Medical Facilities'',
``Construction, Minor Projects'', and ``Information Technology
Systems'', up to $274,731,000, plus reimbursements, may be transferred
to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 3571) and may be used for operation of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That
additional funds may be transferred from accounts designated in this
section to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written notification
by the Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress: Provided further, That
section 223 of title II of division J of Public Law 114-113 is
repealed.
(including transfer of funds)
Sec. 223. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2017, for
``Medical Services'', ``Medical Support and Compliance'', and ``Medical
Facilities'', up to $280,802,000, plus reimbursements, may be
transferred to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 3571) and may be used for operation of
the facilities designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4500): Provided, That additional funds may be transferred from
accounts designated in this section to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 224. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500).
(including transfer of funds)
Sec. 225. Of the amounts available in this title for ``Medical
Services'', ``Medical Support and Compliance'', and ``Medical
Facilities'', a minimum of $15,000,000 shall be transferred to the DOD-
VA Health Care Sharing Incentive Fund, as authorized by section 8111(d)
of title 38, United States Code, to remain available until expended,
for any purpose authorized by section 8111 of title 38, United States
Code.
Sec. 226. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to replace the
current system by which the Veterans Integrated Service Networks select
and contract for diabetes monitoring supplies and equipment.
Sec. 227. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all bid
savings in a major construction project that total at least $5,000,000,
or 5 percent of the programmed amount of the project, whichever is
less: Provided, That such notification shall occur within 14 days of a
contract identifying the programmed amount: Provided further, That the
Secretary shall notify the Committees on Appropriations of both Houses
of Congress 14 days prior to the obligation of such bid savings and
shall describe the anticipated use of such savings.
Sec. 228. None of the funds made available for ``Construction,
Major Projects'' may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless the
Secretary of Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 229. The Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report that contains the following information from each Veterans
Benefits Administration Regional Office: (1) the average time to
complete a disability compensation claim; (2) the number of claims
pending more than 125 days, disaggregated by initial and supplemental
claims; (3) error rates; (4) the number of claims personnel; (5) any
corrective action taken within the quarter to address poor performance;
(6) training programs undertaken; and (7) the number and results of
Quality Review Team audits: Provided, That each quarterly report shall
be submitted no later than 30 days after the end of the respective
quarter.
Sec. 230. Of the funds provided to the Department of Veterans
Affairs for fiscal year 2017 for ``Medical Support and Compliance'' a
maximum of $40,000,000 may be obligated from the ``Medical Support and
Compliance'' account for the VistA Evolution and electronic health
record interoperability projects: Provided, That funds in addition to
these amounts may be obligated for the VistA Evolution and electronic
health record interoperability projects upon written notification by
the Secretary of Veterans Affairs to the Committees on Appropriations
of both Houses of Congress.
Sec. 231. The Secretary of Veterans Affairs shall provide written
notification to the Committees on Appropriations of both Houses of
Congress 15 days prior to organizational changes which result in the
transfer of 25 or more full-time equivalents from one organizational
unit of the Department of Veterans Affairs to another.
(including transfer of funds)
Sec. 232. Amounts made available for the Department of Veterans
Affairs for fiscal year 2017, under the ``Board of Veterans Appeals''
and the ``General Operating Expenses, Veterans Benefits
Administration'' accounts may be transferred between such accounts:
Provided, That before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of
both Houses of Congress the authority to make the transfer and receive
approval of that request.
(rescission of funds)
Sec. 233. Of the unobligated balances available within the ``DOD-
VA Health Care Sharing Incentive Fund'', $52,000,000 are hereby
rescinded.
Sec. 234. The Secretary of Veterans Affairs may not reprogram
funds among major construction projects or programs if such instance of
reprogramming will exceed $5,000,000, unless such reprogramming is
approved by the Committees on Appropriations of both Houses of
Congress.
Sec. 235. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department of
Veterans Affairs may be used to transfer any amounts from the Filipino
Veterans Equity Compensation Fund to any other account within the
Department of Veterans Affairs.
Sec. 236. Paragraph (3) of section 403(a) of the Veterans' Mental
Health and Other Care Improvements Act of 2008 (Public Law 110-387; 38
U.S.C. 1703 note) is amended to read as follows:
``(3) Duration.--A veteran may receive health services
under this section during the period beginning on the date
specified in paragraph (2) and ending on September 30, 2018.''.
Sec. 237. (a) Section 1722A(a) of title 38, United States Code, is
amended by adding at the end the following new paragraph:
``(4) Paragraph (1) does not apply to opioid antagonists
furnished under this chapter to a veteran who is at high risk
for overdose of a specific medication or substance in order to
reverse the effect of such an overdose.''.
(b) Section 1710(g)(3) of such title is amended--
(1) by striking ``with respect to home health services''
and inserting ``with respect to the following:''
``(A) Home health services''; and
(2) by adding at the end the following new subparagraph:
``(B) Education on the use of opioid antagonists to
reverse the effects of overdoses of specific
medications or substances.''.
Sec. 238. Section 312 of title 38, United States Code, is amended
in subsection(c)(1) by striking the phrase ``that makes a
recommendation or otherwise suggests corrective action,''.
Sec. 239. The Department of Veterans Affairs is authorized to
administer financial assistance grants and enter into cooperative
agreements with organizations, utilizing a competitive selection
process, to train and employ homeless and at-risk veterans in natural
resource conservation management.
Sec. 240. The Department of Veterans Affairs shall seek to enter
into an agreement with the National Academy of Medicine for an
assessment on research relating to the descendants of individuals with
toxic exposure and to evaluate the feasibility of a research entity or
entities to conduct research relating to health conditions of
descendants of veterans with toxic exposure while serving in the Armed
Forces.
Sec. 241. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2017 and fiscal year 2018 for ``Medical
Services'', $3,000,000 in each year for carrying out and expanding to
each medical center of the Department the child care program authorized
by section 205 of Public Law 111-163, notwithstanding subsection (e) of
such section.
Sec. 242. Section 5701(l) of title 38, United States Code, is
amended by striking ``may'' and inserting ``shall''.
Sec. 243. (a) The Secretary of Veterans Affairs shall, as part of
the hiring process for each health care provider considered for a
position at the Department of Veterans Affairs after the date of the
enactment of this Act, require from the medical board of each State in
which the health care provider holds or has held a medical license--
(1) information on any violation of the requirements of the
medical license of the health care provider; and
(2) information on whether the health care provider has
entered into any settlement agreement for a disciplinary charge
relating to the practice of medicine by the health care
provider.
(b) The Secretary shall prescribe regulations to carry out this
section.
Sec. 244. (a) Notwithstanding section 552a of title 5, United
States Code, the Secretary of Veterans Affairs shall, with respect to
each health care provider of the Department of Veterans Affairs that
has violated a requirement of their medical license, provide to the
medical board of each State in which the health care provider is
licensed or practices all relevant information contained in the State
Licensing Board Reporting File or any successor file of the Department
with respect to such violation.
(b) The Secretary shall provide the information required in
subsection (a) to a medical board described in such subsection
notwithstanding that such board may not have formally requested such
information from the Department.
(including transfer of funds)
Sec. 245. Upon determination by the Secretary of Veterans Affairs
that such action is necessary for providing health care, benefits and
other services, the Secretary may transfer amounts made available to
the Department of Veterans Affairs for fiscal year 2017 by this Act
between any discretionary appropriations accounts for fiscal year 2017:
Provided, That amounts so transferred shall be merged with the account
to which transferred: Provided further, That the total amount that the
Secretary may transfer under this section may not exceed two percent of
the total discretionary appropriations made available to the Department
for fiscal year 2017 by this Act: Provided further, That a transfer of
funds between the ``Medical Services'', ``Medical Community Care'',
``Medical Support and Compliance'', and ``Medical Facilities'' accounts
shall not be counted toward the two percent limitation in the previous
proviso: Provided further, That the transfer authority provided by
this section may be exercised only to support activities in an
appropriations account that have a higher priority than those
undertaken in the appropriations account from which budget authority is
transferred, as determined by the Secretary: Provided further, That
such transfer authority may not be used to provide budget authority for
an activity that the Secretary lacks the authority to carry out:
Provided further, That the transfer authority provided in this section
is in addition to any other transfer authority provided by law:
Provided further, That before a transfer may take place, the Secretary
of Veterans Affairs shall request from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer and
receive approval of that request.
VA Patient Protection Act of 2016
Sec. 246. (a) Procedure and Administration.--
(1) In General.--Chapter 7 of title 38, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER II--WHISTLEBLOWER COMPLAINTS
``Sec. 731. Whistleblower complaint defined
``In this subchapter, the term `whistleblower complaint' means a
complaint by an employee of the Department disclosing, or assisting
another employee to disclose, a potential violation of any law, rule,
or regulation, or gross mismanagement, gross waste of funds, abuse of
authority, or substantial and specific danger to public health and
safety.
``Sec. 732. Treatment of whistleblower complaints
``(a) Filing.--(1) In addition to any other method established by
law in which an employee may file a whistleblower complaint, an
employee of the Department may file a whistleblower complaint in
accordance with subsection (g) with a supervisor of the employee.
``(2) Except as provided by subsection (d)(1), in making a
whistleblower complaint under paragraph (1), an employee shall file the
initial complaint with the immediate supervisor of the employee.
``(b) Notification.--(1)(A) Not later than four business days after
the date on which a supervisor receives a whistleblower complaint by an
employee under this section, the supervisor shall notify, in writing,
the employee of whether the supervisor determines that there is a
reasonable likelihood that the complaint discloses a violation of any
law, rule, or regulation, or gross mismanagement, gross waste of funds,
abuse of authority, or substantial and specific danger to public health
and safety.
``(B) The supervisor shall retain written documentation regarding
the whistleblower complaint and shall submit to the next-level
supervisor and the central whistleblower office described in subsection
(h) a written report on the complaint.
``(2)(A) On a monthly basis, the supervisor shall submit to the
appropriate director or other official who is superior to the
supervisor a written report that includes the number of whistleblower
complaints received by the supervisor under this section during the
month covered by the report, the disposition of such complaints, and
any actions taken because of such complaints pursuant to subsection
(c).
``(B) In the case in which such a director or official carries out
this paragraph, the director or official shall submit such monthly
report to the supervisor of the director or official and to the central
whistleblower office described in subsection (h).
``(c) Positive Determination.--If a supervisor makes a positive
determination under subsection (b)(1) regarding a whistleblower
complaint of an employee, the supervisor shall include in the
notification to the employee under such subsection the specific actions
that the supervisor will take to address the complaint.
``(d) Filing Complaint With Next-Level Supervisors.--(1) If any
circumstance described in paragraph (3) is met, an employee may file a
whistleblower complaint in accordance with subsection (g) with the
next-level supervisor who shall treat such complaint in accordance with
this section.
``(2) An employee may file a whistleblower complaint with the
Secretary if the employee has filed the whistleblower complaint to each
level of supervisors between the employee and the Secretary in
accordance with paragraph (1).
``(3) A circumstance described in this paragraph is any of the
following circumstances:
``(A) A supervisor does not make a timely determination
under subsection (b)(1) regarding a whistleblower complaint.
``(B) The employee who made a whistleblower complaint
determines that the supervisor did not adequately address the
complaint pursuant to subsection (c).
``(C) The immediate supervisor of the employee is the basis
of the whistleblower complaint.
``(e) Transfer of Employee Who Files Whistleblower Complaint.--If a
supervisor makes a positive determination under subsection (b)(1)
regarding a whistleblower complaint filed by an employee, the Secretary
shall--
``(1) inform the employee of the ability to volunteer for a
transfer in accordance with section 3352 of title 5; and
``(2) give preference to the employee for such a transfer
in accordance with such section.
``(f) Prohibition on Exemption.--The Secretary may not exempt any
employee of the Department from being covered by this section.
``(g) Whistleblower Complaint Form.--(1) A whistleblower complaint
filed by an employee under subsection (a) or (d) shall consist of the
form described in paragraph (2) and any supporting materials or
documentation the employee determines necessary.
``(2) The form described in this paragraph is a form developed by
the Secretary, in consultation with the Special Counsel, that includes
the following:
``(A) An explanation of the purpose of the whistleblower
complaint form.
``(B) Instructions for filing a whistleblower complaint as
described in this section.
``(C) An explanation that filing a whistleblower complaint
under this section does not preclude the employee from any
other method established by law in which an employee may file a
whistleblower complaint.
``(D) A statement directing the employee to information
accessible on the Internet website of the Department as
described in section 735(d).
``(E) Fields for the employee to provide--
``(i) the date that the form is submitted;
``(ii) the name of the employee;
``(iii) the contact information of the employee;
``(iv) a summary of the whistleblower complaint
(including the option to append supporting documents
pursuant to paragraph (1)); and
``(v) proposed solutions to the complaint.
``(F) Any other information or fields that the Secretary
determines appropriate.
``(3) The Secretary, in consultation with the Special Counsel,
shall develop the form described in paragraph (2) by not later than 60
days after the date of the enactment of this section.
``(h) Central Whistleblower Office.--(1) The Secretary shall ensure
that the central whistleblower office--
``(A) is not an element of the Office of the General
Counsel;
``(B) is not headed by an official who reports to the
General Counsel;
``(C) does not provide, or receive from, the General
Counsel any information regarding a whistleblower complaint
except pursuant to an action regarding the complaint before an
administrative body or court; and
``(D) does not provide advice to the General Counsel.
``(2) The central whistleblower office shall be responsible for
investigating all whistleblower complaints of the Department,
regardless of whether such complaints are made by or against an
employee who is not a member of the Senior Executive Service.
``(3) The Secretary shall ensure that the central whistleblower
office maintains a toll-free hotline to anonymously receive
whistleblower complaints.
``(4) The Secretary shall ensure that the central whistleblower
office has such staff and resources as the Secretary considers
necessary to carry out the functions of the central whistleblower
office.
``(5) In this subsection, the term `central whistleblower office'
means the Office of Accountability Review or a successor office that is
established or designated by the Secretary to investigate whistleblower
complaints filed under this section or any other method established by
law.
``Sec. 733. Adverse actions against supervisory employees who commit
prohibited personnel actions relating to whistleblower
complaints
``(a) In General.--(1) In accordance with paragraph (2), the
Secretary shall carry out the following adverse actions against
supervisory employees (as defined in section 7103(a) of title 5) whom
the Secretary, an administrative judge, the Merit Systems Protection
Board, the Office of Special Counsel, an adjudicating body provided
under a union contract, a Federal judge, or the Inspector General of
the Department determines committed a prohibited personnel action
described in subsection (c):
``(A) With respect to the first offense, an adverse action
that is not less than a 12-day suspension and not more than
removal.
``(B) With respect to the second offense, removal.
``(2)(A) An employee against whom an adverse action under paragraph
(1) is proposed is entitled to written notice.
``(B)(i) An employee who is notified under subparagraph (A) of
being the subject of a proposed adverse action under paragraph (1) is
entitled to 14 days following such notification to answer and furnish
evidence in support of the answer.
``(ii) If the employee does not furnish any such evidence as
described in clause (i) or if the Secretary determines that such
evidence is not sufficient to reverse the determination to propose the
adverse action, the Secretary shall carry out the adverse action
following such 14-day period.
``(C) Paragraphs (1) and (2) of subsection (b) of section 7513 of
title 5, subsection (c) of such section, paragraphs (1) and (2) of
subsection (b) of section 7543 of such title, and subsection (c) of
such section shall not apply with respect to an adverse action carried
out under paragraph (1).
``(b) Limitation on Other Adverse Actions.--With respect to a
prohibited personnel action described in subsection (c), if the
Secretary carries out an adverse action against a supervisory employee,
the Secretary may carry out an additional adverse action under this
section based on the same prohibited personnel action if the total
severity of the adverse actions do not exceed the level specified in
subsection (a).
``(c) Prohibited Personnel Action Described.--A prohibited
personnel action described in this subsection is any of the following
actions:
``(1) Taking or failing to take a personnel action in
violation of section 2302 of title 5 against an employee
relating to the employee--
``(A) filing a whistleblower complaint in
accordance with section 732 of this title;
``(B) filing a whistleblower complaint with the
Inspector General of the Department, the Special
Counsel, or Congress;
``(C) providing information or participating as a
witness in an investigation of a whistleblower
complaint in accordance with section 732 or with the
Inspector General of the Department, the Special
Counsel, or Congress;
``(D) participating in an audit or investigation by
the Comptroller General of the United States;
``(E) refusing to perform an action that is
unlawful or prohibited by the Department; or
``(F) engaging in communications that are related
to the duties of the position or are otherwise
protected.
``(2) Preventing or restricting an employee from making an
action described in any of subparagraphs (A) through (F) of
paragraph (1).
``(3) Conducting a negative peer review or opening a
retaliatory investigation because of an activity of an employee
that is protected by section 2302 of title 5.
``(4) Requesting a contractor to carry out an action that
is prohibited by section 4705(b) or section 4712(a)(1) of title
41, as the case may be.
``Sec. 734. Evaluation criteria of supervisors and treatment of bonuses
``(a) Evaluation Criteria.--(1) In evaluating the performance of
supervisors of the Department, the Secretary shall include the criteria
described in paragraph (2).
``(2) The criteria described in this subsection are the following:
``(A) Whether the supervisor treats whistleblower
complaints in accordance with section 732 of this title.
``(B) Whether the appropriate deciding official,
performance review board, or performance review committee
determines that the supervisor was found to have committed a
prohibited personnel action described in section 733(b) of this
title by an administrative judge, the Merit Systems Protection
Board, the Office of Special Counsel, an adjudicating body
provided under a union contract, a Federal judge, or, in the
case of a settlement of a whistleblower complaint (regardless
of whether any fault was assigned under such settlement), the
Secretary.
``(b) Bonuses.--(1) The Secretary may not pay to a supervisor
described in subsection (a)(2)(B) an award or bonus under this title or
title 5, including under chapter 45 or 53 of such title, during the
one-year period beginning on the date on which the determination was
made under such subsection.
``(2) Notwithstanding any other provision of law, the Secretary
shall issue an order directing a supervisor described in subsection
(a)(2)(B) to repay the amount of any award or bonus paid under this
title or title 5, including under chapter 45 or 53 of such title, if--
``(A) such award or bonus was paid for performance during a
period in which the supervisor committed a prohibited personnel
action as determined pursuant to such subsection (a)(2)(B);
``(B) the Secretary determines such repayment appropriate
pursuant to regulations prescribed by the Secretary to carry
out this section; and
``(C) the supervisor is afforded notice and an opportunity
for a hearing before making such repayment.
``Sec. 735. Training regarding whistleblower complaints
``(a) Training.--Not less frequently than once each year, the
Secretary, in coordination with the Whistleblower Protection Ombudsman
designated under section 3(d)(1)(C) of the Inspector General Act of
1978 (5 U.S.C. App.), shall provide to each employee of the Department
training regarding whistleblower complaints, including--
``(1) an explanation of each method established by law in
which an employee may file a whistleblower complaint;
``(2) an explanation of prohibited personnel actions
described by section 733(c) of this title;
``(3) with respect to supervisors, how to treat
whistleblower complaints in accordance with section 732 of this
title;
``(4) the right of the employee to petition Congress
regarding a whistleblower complaint in accordance with section
7211 of title 5;
``(5) an explanation that the employee may not be
prosecuted or reprised against for disclosing information to
Congress, the Inspector General, or another investigatory
agency in instances where such disclosure is permitted by law,
including under sections 5701, 5705, and 7732 of this title,
under section 552a of title 5 (commonly referred to as the
Privacy Act), under chapter 93 of title 18, and pursuant to
regulations promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (Public
Law 104-191);
``(6) an explanation of the language that is required to be
included in all nondisclosure policies, forms, and agreements
pursuant to section 115(a)(1) of the Whistleblower Protection
Enhancement Act of 2012 (5 U.S.C. 2302 note); and
``(7) the right of contractors to be protected from
reprisal for the disclosure of certain information under
section 4705 or 4712 of title 41.
``(b) Manner Training Is Provided.--The Secretary shall ensure that
training provided under subsection (a) is provided in person.
``(c) Certification.--Not less frequently than once each year, the
Secretary shall provide training on merit system protection in a manner
that the Special Counsel certifies as being satisfactory.
``(d) Publication.--(1) The Secretary shall publish on the Internet
website of the Department, and display prominently at each facility of
the Department, the rights of an employee to file a whistleblower
complaint, including the information described in paragraphs (1)
through (7) of subsection (a).
``(2) The Secretary shall publish on the Internet website of the
Department, the whistleblower complaint form described in section
732(g)(2).
``Sec. 736. Reports to Congress
``(a) Annual Reports.--Not less frequently than once each year, the
Secretary shall submit to the appropriate committees of Congress a
report that includes--
``(1) with respect to whistleblower complaints filed under
section 732 of this title during the year covered by the
report--
``(A) the number of such complaints filed;
``(B) the disposition of such complaints; and
``(C) the ways in which the Secretary addressed
such complaints in which a positive determination was
made by a supervisor under subsection (b)(1) of such
section;
``(2) the number of whistleblower complaints filed during
the year covered by the report that are not included under
paragraph (1), including--
``(A) the method in which such complaints were
filed;
``(B) the disposition of such complaints; and
``(C) the ways in which the Secretary addressed
such complaints; and
``(3) with respect to disclosures made by a contractor
under section 4705 or 4712 of title 41--
``(A) the number of complaints relating to such
disclosures that were investigated by the Inspector
General of the Department of Veterans Affairs during
the year covered by the report;
``(B) the disposition of such complaints; and
``(C) the ways in which the Secretary addressed
such complaints.
``(b) Notice of Office of Special Counsel Determinations.--Not
later than 30 days after the date on which the Secretary receives from
the Special Counsel information relating to a whistleblower complaint
pursuant to section 1213 of title 5, the Secretary shall notify the
appropriate committees of Congress of such information, including the
determination made by the Special Counsel.
``(c) Appropriate Committees of Congress.--In this section, the
term `appropriate committees of Congress' means--
``(1) the Committee on Veterans' Affairs and the Committee
on Homeland Security and Governmental Affairs of the Senate;
and
``(2) the Committee on Veterans' Affairs and the Committee
on Oversight and Government Reform of the House of
Representatives.''.
(2) Conforming and Clerical Amendments.--
(A) Conforming amendment.--Such chapter is further amended
by inserting before section 701 the following:
``SUBCHAPTER I--GENERAL EMPLOYEE MATTERS''.
(B) Clerical amendments.--The table of sections at the
beginning of such chapter is amended--
(i) by inserting before the item relating to
section 701 the following new item:
``subchapter i--general employee matters'';
and
(ii) by adding at the end the following new items:
``subchapter ii--whistleblower complaints
``731. Whistleblower complaint defined.
``732. Treatment of whistleblower complaints.
``733. Adverse actions against supervisory employees who commit
prohibited personnel actions relating to
whistleblower complaints.
``734. Evaluation criteria of supervisors and treatment of bonuses.
``735. Training regarding whistleblower complaints.
``736. Reports to Congress.''.
(b) Treatment of Congressional Testimony by Department of Veterans
Affairs Employees as Official Duty.--
(1) In general.--Subchapter I of chapter 7 of title 38,
United States Code, as designated by section 2(a)(2)(A), is
amended by adding at the end the following new section:
``Sec. 715. Congressional testimony by employees: treatment as official
duty
``(a) Congressional Testimony.--An employee of the Department is
performing official duty during the period with respect to which the
employee is testifying in an official capacity in front of either
chamber of Congress, a committee of either chamber of Congress, or a
joint or select committee of Congress.
``(b) Travel Expenses.--The Secretary shall provide travel
expenses, including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5, to
any employee of the Department of Veterans Affairs performing official
duty described under subsection (a).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter, as amended by section 2(a)(2)(B), is
further amended by inserting after the item relating to section
713 the following new item:
``715. Congressional testimony by employees: treatment as official
duty.''.
Sec. 247. (a) Notwithstanding any other provision of law, of the
amounts appropriated or otherwise made available to the Department of
Veterans Affairs for the ``Medical Services'' account, for fiscal year
2017, not less than $18,000,000, and for fiscal year 2018, not less
than $70,000,000, shall be used for the provision of fertility
treatment and counseling, including treatment using assisted
reproductive technology, to veterans and their spouses if the veteran
has a service-connected condition that results in the veteran being
unable to procreate without the use of such fertility treatment.
(b) In this section, the term ``service-connected condition'' means
a condition that was incurred or aggravated in line of duty in the
active military, naval, or air service (as defined in section 101 of
title 38, United States Code).
Sec. 248. None of the amounts appropriated or otherwise made
available by title II may be used to carry out the Home Marketing
Incentive Program of the Department of Veterans Affairs or to carry out
the Appraisal Value Offer Program of the Department with respect to an
employee of the Department in a senior executive position (as defined
in section 713(g) of title 38, United States Code): Provided, That the
Secretary may waive this prohibition with respect to the use of the
Home Marketing Incentive Program and Appraisal Value Offer Program to
recruit for a position for which recruitment or retention of qualified
personnel is likely to be difficult in the absence of the use of these
incentives: Provided further, That within 15 days of a determination
by the Secretary to waive this prohibition, the Secretary shall submit
written notification thereof to the Committees on Appropriations of
both Houses of Congress containing the reasons and identifying the
position title for which the waiver has been issued.
Sec. 249. None of the funds appropriated or otherwise made
available to the Department of Veterans Affairs in this Act may be used
in a manner that would--
(1) interfere with the ability of a veteran to participate
in a medicinal marijuana program approved by a State;
(2) deny any services from the Department to a veteran who
is participating in such a program; or
(3) limit or interfere with the ability of a health care
provider of the Department to make appropriate recommendations,
fill out forms, or take steps to comply with such a program.
Sec. 250. (a) In General.--For the purposes of verifying that an
individual performed service under honorable conditions that satisfies
the requirements of a coastwise merchant seaman who is recognized
pursuant to section 401 of the GI Bill Improvement Act of 1977 (Public
Law 95-202; 38 U.S.C. 106 note) as having performed active duty service
for the purposes described in subsection (c)(1), the Secretary of
Defense shall accept the following:
(1) In the case of an individual who served on a coastwise
merchant vessel seeking such recognition for whom no applicable
Coast Guard shipping or discharge form, ship logbook, merchant
mariner's document or Z-card, or other official employment
record is available, the Secretary of Defense shall provide
such recognition on the basis of applicable Social Security
Administration records submitted for or by the individual,
together with validated testimony given by the individual or
the primary next of kin of the individual that the individual
performed such service during the period beginning on December
7, 1941, and ending on December 31, 1946.
(2) In the case of an individual who served on a coastwise
merchant vessel seeking such recognition for whom the
applicable Coast Guard shipping or discharge form, ship
logbook, merchant mariner's document or Z-card, or other
official employment record has been destroyed or otherwise
become unavailable by reason of any action committed by a
person responsible for the control and maintenance of such
form, logbook, or record, the Secretary of Defense shall accept
other official documentation demonstrating that the individual
performed such service during period beginning on December 7,
1941, and ending on December 31, 1946.
(3) For the purpose of determining whether to recognize
service allegedly performed during the period beginning on
December 7, 1941, and ending on December 31, 1946, the
Secretary shall recognize masters of seagoing vessels or other
officers in command of similarly organized groups as agents of
the United States who were authorized to document any
individual for purposes of hiring the individual to perform
service in the merchant marine or discharging an individual
from such service.
(b) Treatment of Other Documentation.--Other documentation accepted
by the Secretary of Defense pursuant to subsection (a)(2) shall satisfy
all requirements for eligibility of service during the period beginning
on December 7, 1941, and ending on December 31, 1946.
(c) Benefits Allowed.--
(1) Medals, ribbons, and decorations.--An individual whose
service is recognized as active duty pursuant to subsection (a)
may be awarded an appropriate medal, ribbon, or other military
decoration based on such service.
(2) Status of veteran.--An individual whose service is
recognized as active duty pursuant to subsection (a) shall be
honored as a veteran but shall not be entitled by reason of
such recognized service to any benefit that is not described in
this subsection.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $7,500
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $75,100,000 to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $30,945,100: Provided, That
$2,500,000 shall be available for the purpose of providing financial
assistance as described, and in accordance with the process and
reporting procedures set forth under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $1,000
for official reception and representation expenses, $70,800,000 of
which not to exceed $28,000,000 shall remain available until September
30, 2019. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $64,300,000, of which $1,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi: Provided, That of the amounts made available under this
heading from funds available in the Armed Forces Retirement Home Trust
Fund, $22,000,000 shall be paid from the general fund of the Treasury
to the Trust Fund.
Administrative Provisions
Sec. 301. Funds appropriated in this Act under the heading
``Department of Defense--Civil, Cemeterial Expenses, Army'', may be
provided to Arlington County, Virginia, for the relocation of the
federally owned water main at Arlington National Cemetery, making
additional land available for ground burials.
Sec. 302. Amounts deposited into the special account established
under 10 U.S.C. 4727 are appropriated and shall be available until
expended to support activities at the Army National Military
Cemeteries.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 402. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 403. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 404. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate.
Sec. 405. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 406. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 407. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 408. None of the funds made available in this Act may be used
by an agency of the executive branch to pay for first-class travel by
an employee of the agency in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 409. (a) In General.--None of the funds appropriated or
otherwise made available to the Department of Defense in this Act may
be used to construct, renovate, or expand any facility in the United
States, its territories, or possessions to house any individual
detained at United States Naval Station, Guantanamo Bay, Cuba, for the
purposes of detention or imprisonment in the custody or under the
control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
This Act may be cited as the ``Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2017''.
Calendar No. 424
114th CONGRESS
2d Session
S. 2806
[Report No. 114-237]
_______________________________________________________________________
A BILL
Making appropriations for military construction, the Department of
Veterans Affairs, and related agencies for the fiscal year ending
September 30, 2017, and for other purposes.
_______________________________________________________________________
April 18, 2016
Read twice and placed on the calendar