(This measure has not been amended since it was passed by the Senate on September 28, 2016. The summary of that version is repeated here.)
Highlights:
This bill provides FY2017 appropriations for Military Construction, Veterans Affairs, and Related Agencies; continuing appropriations through December 9, 2016, for other federal agencies; and FY2016 supplemental appropriations to respond to the Zika virus.
The bill also includes several rescissions and provides additional funding for disaster relief. The bill includes four divisions:
Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017
This division provides FY2017 appropriations to the Department of Defense (DOD) for military construction, military family housing, the U.S. share of the North Atlantic Treaty Organization Security Investment Program, and base closures and realignments.
The division also provides appropriations to the Department of Veterans Affairs (VA) for veterans benefit and health care programs, Departmental Administration, and the National Cemetery Administration.
Related agencies and programs funded in the division include the U.S. Court of Appeals for Veterans Claims; the Armed Forces Retirement Home; and the Cemeterial Expenses of the Army, including Arlington National Cemetery.
The division includes both mandatory and discretionary funding. It increases FY2017 discretionary funding for Military Construction and Veterans Affairs above FY2016 levels, including an increase for the VA and a decrease for Military Construction.
The division includes provisions that:
Zika Response and Preparedness
This division provides FY2016 supplemental appropriations to the Departments of Health and Human Services (HHS) and State to respond to the Zika virus.The division permits the funds to be used for the duration of FY2017, designates the funds as emergency requirements, and sets forth congressional reporting and notification requirements.
Continuing Appropriations Act, 2017
This division provides continuing appropriations to federal agencies through December 9, 2016, or the enactment of specified appropriations legislation.
It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur when FY2017 begins on October 1, 2016, because eleven of the twelve FY2017 regular appropriations bills that fund the federal government have not been enacted (excluding the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017 included in this bill).
This division funds most projects and activities at the FY2016 levels, with the inclusion of an across-the-board reduction of less than 1% to most programs. The division also includes a number of exceptions which provide funding flexibility and additional appropriations to various programs, including additional funding for disaster recovery efforts.
The division also extends several programs that are scheduled to expire at the end of FY2016.
Rescissions Of Funds
This division rescinds unobligated balances of funds from several agencies and programs throughout the federal government.
Full Summary:
Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017, and Zika Response and Preparedness Act
(Sec. 3) Specifies that references to "this Act" included in any division refer only to the provisions of the division unless the bill expressly provides otherwise.
(Sec. 4) Specifies that the sums in this bill are appropriated out of any money in the Treasury not otherwise appropriated for FY2017.
(Sec. 5) Specifies that each amount in this bill designated by Congress as an emergency requirement is contingent on the President also designating all of the emergency amounts and transmitting the designations to Congress.
(Sec. 6) Specifies that the explanatory statement regarding this bill that was printed in the Congressional Record has the same effect as a joint explanatory statement of a committee of conference.
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017
TITLE I--DEPARTMENT OF DEFENSE
Provides appropriations to the Department of Defense (DOD) for Military Construction for:
Provides appropriations to DOD for the North Atlantic Treaty Organization (NATO) Security Investment Program.
Provides appropriations to DOD for Construction and Operation and Maintenance of Family Housing for:
Provides appropriations for the Department of Defense Family Housing Improvement Fund.
Provides appropriations for the Department of Defense Base Closure Account.
(Sec. 101) Prohibits funds provided by this title from being used for payments exceeding $25,000 for construction in the United States under a cost-plus-a-fixed-fee contract without DOD approval. Includes an exception for work that is to be performed in Alaska.
(Sec. 102) Permits construction funds provided by this title to be used for hiring passenger motor vehicles.
(Sec. 103) Permits construction funds provided by this title to be used for advances to the Federal Highway Administration for the construction of access roads DOD has certified as important to national defense.
(Sec. 104) Prohibits funds provided by this title from being used to begin construction of new bases in the United States without a specific appropriation.
(Sec. 105) Prohibits funds provided by this title from being used to purchase land or land easements in excess of 100% of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command. Includes exceptions for: (1) determinations of value by a federal court, (2) purchases negotiated by the Attorney General or a designee, (3) values less than $25,000, and (4) DOD determinations that the purchase is in the public interest.
(Sec. 106) Prohibits funds provided by this title from being used to acquire land, provide for site preparation, or install utilities for family housing, except housing for which appropriations have been provided.
(Sec. 107) Prohibits funds provided by this title for minor construction from being used to transfer or relocate any activity from one base or installation to another without notifying Congress in advance.
(Sec. 108) Prohibits funds provided by this title from being used to procure steel for construction unless American producers, fabricators, and manufacturers have been allowed to compete for the procurement.
(Sec. 109) Prohibits funds provided to DOD for military construction or family housing during the current fiscal year from being used to pay real property taxes in any foreign nation.
(Sec. 110) Prohibits funds provided by this title from being used to initiate a new installation overseas without notifying Congress in advance.
(Sec. 111) Prohibits funds provided by this title from being used for architect and engineer contracts estimated to exceed $500,000 for projects in Japan, NATO member countries, or countries bordering the Arabian Gulf unless the contracts are awarded to U.S. firms or joint ventures with U.S. firms.
(Sec. 112) Prohibits funds provided by this title for military construction in U.S. territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf from being used to award a contract over $1 million to a foreign contractor. Includes exceptions.
(Sec. 113) Requires DOD to notify Congress in advance of military exercises if construction costs are expected to exceed $100,000.
(Sec. 114) Permits funds appropriated to DOD for construction in prior years to be used for construction projects authorized during the current session of Congress.
(Sec. 115) Permits expired or lapsed funds to be used to pay for supervision, inspection, overhead, engineering, and design costs for military construction or family housing projects being completed with lapsed or expired funds.
(Sec. 116) Permits funds provided for the construction of military projects to be available for five years if: (1) the funds are obligated from funds available for military construction, and (2) do not exceed the amount appropriated or permitted by law.
(Sec. 117) Permits the following transfers if Congress is notified and specified conditions are met:
(Sec. 118) Permits the transfer of funds from the Department of Defense Base Closure Account to the fund established to pay expenses associated with the Homeowners Assistance Program under the Demonstration Cities and Metropolitan Development Act of 1966.
(Sec. 119) Provides that funds for operation and maintenance of family housing in this title shall be the only source of funds for repair and maintenance of all family housing units, including general or flag officer quarters. Sets forth limitations and requirements for expenditures for maintenance and repair of general or flag officer quarters.
(Sec. 120) Appropriates funds contained in the Ford Island Improvement Account to remain available until expended or transferred.
(Sec. 121) Permits the transfer of unobligated balances of expired military construction and family housing funds into the Foreign Currency Fluctuations--Construction--Defense account.
(Sec. 122) Prohibits the Army from using funds provided by this division to relocate a unit that: (1) performs a required testing mission or function not performed by any other unit, and (2) is located at a military installation where the total number of Army civilian employees and contractor personnel exceeds 10% of the regular and reserve Army personnel. Includes an exception if the Army notifies Congress of the relocation's compliance with Army Regulation 5-10 concerning stationing actions.
(Sec. 123) Permits funds provided to an account in this title to be transferred among projects and activities within the account subject to specified DOD reprogramming guidelines for military and family housing construction.
(Sec. 124) Prohibits DOD military construction funds provided in this title from being used for the planning, design, and construction of projects at Arlington National Cemetery.
(Sec. 125) Provides specified additional funds to remain available through FY2021 for unfunded military construction priorities.
(Sec. 126) Provides specified additional funds to the Navy and Marine Corps to remain available through FY2021 for unfunded military construction priorities.
(Sec. 127) Rescinds specified unobligated balances from Military Construction accounts and the North Atlantic Treaty Organization Security Investment Program.
(Sec. 128) Rescinds specified unobligated balances from the fund established by the Demonstration Cities and Metropolitan Development Act of 1966 for expenses associated with the Homeowners Assistance Program.
(Sec. 129) Defines "congressional defense committees" to include the House and Senate Armed Services Committees and Appropriations Subcommittees on Military Construction and Veterans Affairs.
(Sec. 130) Prohibits funds provided by this division from being used for the closure or realignment of the U.S. Naval Station, Guantanamo Bay, Cuba.
(Sec. 131) Prohibits funds from being used to consolidate or relocate any element of a U.S. Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron Engineer (RED HORSE) squadron outside of the United States until the Air Force: (1) submits to Congress an analysis and comparison of the cost and investment required to consolidate or relocate a RED HORSE squadron outside of the United States versus within the United States, and (2) certifies to Congress that the preferred site yields the greatest savings.
TITLE II--DEPARTMENT OF VETERANS AFFAIRS
Provides appropriations to the Veterans Benefits Administration (VBA) for:
Provides appropriations to the Veterans Health Administration (VHA) for:
Provides appropriations to the National Cemetery Administration.
Provides appropriations to the VA for Departmental Administration, including:
Prohibits the expenditure of specified information technology funds for the Veterans Health Information Systems and Technology Architecture (VistA) Evolution Program until the VA submits to Congress reports including specified details regarding the status, costs, and plans for the program.
Withholds specified VHA construction funds until the VA:
(Sec. 201) Specifies transfer authorities and requirements for the VBA.
(Sec. 202) Specifies transfer authorities and requirements for the VHA.
(Sec. 203) Permits appropriations for salaries and expenses to be used for employment of temporary or intermittent experts and consultants, hire of passenger vehicles, lease of a facility or land, and uniforms.
(Sec. 204) Prohibits appropriations in this title other than Construction--Major Projects and Construction--Minor Projects from being used for land acquisition or construction of any new hospital or home.
(Sec. 205) Requires the VA to be reimbursed for medical services it provides to any person not defined as a beneficiary under specified laws.
(Sec. 206) Permits appropriations provided by this title for Compensation and Pensions, Readjustment Benefits, and Veterans Insurance and Indemnities to be used for payment of accrued obligations for the accounts recorded in the last quarter of FY2016.
(Sec. 207) Permits appropriations provided by this title to be used to pay specified prior year obligations. Requires obligations from trust fund accounts to be paid only from the Compensation and Pensions account.
(Sec. 208) Requires the VA to use surplus earnings from the National Service Life Insurance Fund, the Veterans' Special Life Insurance Fund, and the United States Government Life Insurance Fund to reimburse the General Operating Expenses--Veterans Benefits Administration and Information Technology Systems accounts for the costs to administer the insurance programs during FY2017.
(Sec. 209) Permits amounts deducted from enhanced-use lease proceeds for reimbursement of expenses from a prior year to be obligated in the year in which the proceeds are received.
(Sec. 210) Permits funds provided by this title for salaries and other administrative expenses to be used to reimburse the Office of Resolution Management and the Office of Employment Discrimination Complaint Adjudication within specified limits.
(Sec. 211) Requires the VA to collect third-party reimbursement information prior to providing hospital care, nursing home care, or medical services for a non-service connected disability. Permits the VA to recover reasonable charges for care from anyone who has not provided the required disclosures.
(Sec. 212) Permits enhanced-use leasing revenues to be deposited into the Construction--Major Projects and Construction--Minor Projects accounts to be used for construction, alterations, and improvements of VA medical facilities.
(Sec. 213) Permits funds provided for Medical Services to be used for: (1) furnishing recreational facilities, supplies, and equipment; and (2) funeral and burial expenses.
(Sec. 214) Permits funds deposited in the Medical Care Collections Fund to be transferred to the Medical Services and Medical Community Care accounts and remain available until expended for the purposes of those accounts.
(Sec. 215) Permits the VA to enter into agreements with Federally Qualified Health Centers in Alaska and certain Indian tribes and tribal organizations to provide healthcare, including behavioral health and dental care, to veterans in rural Alaska. Defines "rural Alaska" as those lands which are not within the boundaries of the municipality of Anchorage or the Fairbanks North Star Borough.
(Sec. 216) Permits funds deposited into the Department of Veterans Affairs Capital Asset Fund to be transferred to the Construction--Major Projects and Construction--Minor Projects accounts to remain available until expended.
(Sec. 217) Rescinds specified funds from the Medical Services account to enable the establishment of the Medical Community Care account.
(Sec. 218) Requires the VA to report quarterly to Congress on the financial status of the VA.
(Sec. 219) Permits specified FY2017 VA funds to be transferred to or from the Information Technology Systems account if approved by Congress.
(Sec. 220) Prohibits funds from being used to: (1) convert to contractor performance an activity or function performed by more than 10 federal employees unless the conversion is based on the result of a public-private competition that meets specified criteria, or (2) conduct studies comparing the costs of private and government provision of certain VHA products and services without a specific appropriation for that purpose.
(Sec. 221) Permits specified FY2017 VA funds provided for medical accounts, Construction--Minor Projects, and Information Technology Systems to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund and used for the operation of combined federal medical facilities.
(Sec. 222) Permits specified FY2018 VA advance funding provided for medical accounts to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund and used for the operation of combined federal medical facilities.
(Sec. 223) Permits transfers from the Medical Care Collections Fund to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for the operation of combined federal medical facilities.
(Sec. 224) Requires specified funds from the Medical Services, Medical Support and Compliance, and Medical Facilities accounts to be transferred to the DOD-VA Health Care Sharing Incentive Fund to remain available until expended.
(Sec. 225) Prohibits the VA from using funds to replace the current system that the Veterans Integrated Service Networks use to select and contract for diabetes monitoring supplies and equipment.
(Sec. 226) Directs the VA to notify Congress of all bid savings in major construction projects that total at least $5 million or 5% of the programmed amount of the project, whichever is less.
(Sec. 227) Prohibits the scope of work for a project included in Construction--Major Projects from being increased above the original budget request without congressional approval.
(Sec. 228) Requires the VA to submit to Congress a quarterly report containing performance measures and data from each VBA regional office.
(Sec. 229) Limits funds from the Medical Support and Compliance account that may be used for the Veterans Health Information Systems and Technology Architecture (VistA) Evolution and electronic health record interoperability projects. Permits additional funds to be obligated for this purpose if Congress is notified in advance.
(Sec. 230) Directs the VA to notify Congress before organizational changes that result in the transfer of 25 or more full-time equivalent staff from one organizational unit to another.
(Sec. 231) Requires the VA to report to Congress quarterly regarding any single national outreach and awareness campaign exceeding $2 million.
(Sec. 232) Permits the VA to transfer funds to the Medical Services account if the transfer is necessary to address the needs of the VHA, meets specified requirements, and is approved by the Office of Management and Budget (OMB) and Congress.
(Sec. 233) Permits FY2017 funds provided for the Board of Veterans Appeals and General Operating Expenses--Veterans Benefits Administration to be transferred between those accounts if Congress approves the transfer.
(Sec. 234) Prohibits the VA from reprogramming more than $5 million in funds among major construction projects or programs without congressional approval.
(Sec. 235) Rescinds specified unobligated balances from the DOD-VA Health Care Sharing Incentive Fund.
(Sec. 236) Rescinds specified unobligated balances from the VA Medical Services, Medical Support and Compliance, and Medical Facilities accounts.
(Sec. 237) Rescinds specified unobligated balances of funds provided to the VA.
(Sec. 238) Requires the VA to ensure that the toll-free suicide hotline authorized under current law: (1) provides individuals who contact the hotline with immediate assistance from a trained professional, and (2) adheres to all requirements of the American Association of Suicidology.
(Sec. 239) Requires the VA to treat a marriage and family therapist as qualified to serve in the VA if the therapist meets specified educational and licensing requirements.
(Sec. 240) Prohibits funds from being used to close or diminish services at certain VA medical facilities until the VA submits to Congress a national realignment strategy.
(Sec. 241) Prohibits the VA from transferring funds from the Filipino Veterans Equity Compensation Fund to any other VA account.
(Sec. 242) Amends the Veterans' Mental Health and Other Care Improvements Act of 2008 to extend through FY2017 the pilot program to provide health care services to veterans in rural areas by contracting with non-VA health care providers
(Sec. 243) Eliminates copayments for: (1) opioid antagonists that are provided to a veteran who is at high risk for overdose of a specific medication or substance in order to reverse the effect of an overdose, and (2) education on the use of opioid antagonists to reverse the effects of overdoses of a specific medication or substance.
(Sec. 244) Specifies requirements for the Office of Inspector General to provide the VA, Congress, and other entities with access to its reports.
(Sec. 245) Provides specified funds from the Medical Services account to carry out and expand to each VA medical center the pilot program for providing child care assistance to veterans receiving health care.
(Sec. 246) Requires the VA to disclose to a state controlled substance monitoring program information about a veteran or a dependent that is necessary to prevent misuse and diversion of prescription medicine.
(Sec. 247) Establishes additional procedures for filing whistle-blower complaints at the VA and for protecting whistle-blowers from retaliation.
Permits VA employees to file complaints with immediate and next-level supervisors, and ultimately with the VA after having properly filed a complaint at each supervisory level.
Provides that, if a supervisor makes a positive determination regarding a complaint, the VA must: (1) inform the employee of the ability to volunteer for a transfer, and (2) give preference to the transfer.
Requires the central VA whistle-blower office to investigate all complaints, regardless of whether the complaints are made by or against an employee who is not a Senior Executive Service member.
Requires the VA to: (1) carry out specified adverse actions against supervisors that retaliate by committing prohibited personnel actions relating to a complaint, and (2) provide employees with annual training regarding whistle-blower complaints.
(Sec. 248) Specifies documentation that DOD may accept to verify that a coastwise merchant seaman performed active duty service under honorable conditions. Permits the individuals whose service is recognized as honorable to be: (1) awarded an appropriate medal, ribbon, or other military decoration based on the service; and (2) honored as a veteran with benefits limited to those described in this provision.
(Sec. 249) Permits the VA to provide a monthly assistance allowance to certain disabled veterans competing on U.S. Olympic teams.
(Sec. 250) Adds coverage under the VA beneficiary travel program for the travel expenses of a veteran with vision impairment, a spinal cord injury or disorder, or double or multiple amputations whose travel is in connection with care provided through a special disabilities rehabilitation program of the VA if the care is provided on an in-patient basis and during a period in which the VA provides the veteran with temporary lodging at a VA facility to make the care more accessible.
Requires the VA to report to Congress on beneficiary travel program, including the cost and the number of veterans served by the program.
(Sec. 251) Requires the VA to establish a program to conduct inspections of kitchens and food service areas at each VA medical facility. Specifies that: (1) the inspections must occur at least annually, and (2) the program's goal is to ensure that the same standards for kitchens and food service areas at hospitals in the private sector are being met at VA medical facilities. Specifies requirements for an agreement for the inspections, remediation plans, and reports to Congress.
(Sec. 252) Requires the VA to establish a program to conduct risk-based inspections for mold and mold issues at each VA medical facility. Specifies requirements for an agreement for the inspections, the frequency of inspections, remediation plans, and reports to Congress.
(Sec. 253) Extends a requirement for the VA to report to Congress on its capacity to provide for specialized treatment and rehabilitative needs of disabled veterans.
(Sec. 254) Permits the VA to use funds provided by this title to ensure that the ratio of veterans to full-time employment equivalents within any rehabilitation program does not exceed 125 veterans to one full-time employment equivalent.
Requires the VA to report to Congress on rehabilitation programs including: (1) an assessment of the veteran-to-staff ratio for each program, and (2) recommendations to reduce the veteran-to-staff ratio for each program.
(Sec. 255) Requires departments and agencies funded by this division to provide an Inspector General (IG) funded by this division with timely access to records, documents, or other materials available to the department or agency over which the IG has responsibility. Requires each IG to comply with specified statutory limitations on disclosure of the information provided.
(Sec. 256) Prohibits the VA from using funds provided by this title to enter into an agreement related to resolving a dispute or claim with an individual that would restrict the individual from speaking to members of Congress or their staff on any topic not otherwise prohibited from disclosure by federal law or required by Executive Order to be kept secret in the interest of national defense or the conduct of foreign affairs.
(Sec. 257) Requires specified funds provided by this division for Medical Services to be used for: (1) adaptive sports programs for disabled veterans and members of the Armed Forces; and (2) payment of a monthly assistance allowance to a disabled veteran invited by the U.S. Olympic Committee to compete for a slot on, or selected for, the Paralympic Team.
(Sec. 258) Specifies details that must be included in the budget justification documents submitted for the Construction--Major Projects account.
(Sec. 259) Authorizes appropriations for the VA to carry out specified major medical facility projects.
(Sec. 260) Permits VA Medical Services funds to be used to provide: (1) fertility counseling and treatment using assisted reproductive technology to a covered veteran or the spouse of a covered veteran, or (2) adoption reimbursement to a covered veteran. Defines a "covered veteran" as a veteran who has a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment.
TITLE III--RELATED AGENCIES
Provides appropriations for related agencies, including:
(Sec. 301) Permits funds for Cemeterial Expenses--Army to be provided to Arlington County, Virginia to relocate a federally owned water main at Arlington National Cemetery to make additional land available for ground burials.
(Sec. 302) Permits funds from concessions at Army National Military Cemeteries to be used to support activities at the cemeteries.
TITLE IV--OVERSEAS CONTINGENCY OPERATIONS
Provide appropriations to DOD for Overseas Contingency Operations Military Construction projects for the:
Designates the amounts provided in this title as for Overseas Contingency Operations/ Global War on Terrorism pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985.
(Sec. 401) Specifies that funds designated in this division for Overseas Contingency Operations/Global War on Terrorism are only available if the President subsequently designates the amounts and transmits the designations to Congress.
TITLE V--GENERAL PROVISIONS
(Sec. 501) Prohibits the obligation of funds in this division beyond the current fiscal year unless expressly permitted in this division.
(Sec. 502) Prohibits the use of funds provided by this division for programs, projects, or activities not in compliance with federal laws related to risk assessment, the protection of private property rights, or unfunded mandates.
(Sec. 503) Encourages all departments and agencies funded in this division to expand their use of "E-Commerce" technologies and procedures.
(Sec. 504) Specifies the congressional committees that are to receive all reports and notifications required by this division.
(Sec. 505) Prohibits the transfer of funds to any part of the U.S. government without authority provided by an appropriations law.
(Sec. 506) Prohibits funds provided by this division from being used for a project or program named for an individual serving as a Member, Delegate, or Resident Commissioner of the U.S. House of Representatives.
(Sec. 507) Requires agencies to post reports submitted to Congress on the public website of the agency. Includes exceptions for national security and confidential or proprietary information.
(Sec. 508) Prohibits the use of funds provided by this division for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.
(Sec. 509) Prohibits the use of funds provided by this division for first-class travel by an employee of the executive branch.
(Sec. 510) Prohibits the use of funds provided by this division for any contract where the contractor has not complied with E-Verify requirements for verification of eligibility for employment.
(Sec. 511) Prohibits DOD or the VA from using funds provided by this division to purchase or lease a new vehicle except in accordance with Presidential Memorandum--Federal Fleet Performance, dated May 24, 2011.
(Sec. 512) Prohibits the use of funds provided by this division for the renovation, expansion, or construction of any facility in the United States to house any individual detained at the United States Naval Station at Guantanamo Bay, Cuba. Includes an exception for modification to the facility at Guantanamo Bay.
DIVISION B--ZIKA RESPONSE AND PREPAREDNESS
Provides FY2016 supplemental appropriations to the Department of Health and Human Services, the Department of State, and the United States Agency for International Development (USAID) to prevent, prepare for, and respond to the Zika virus.
Designates the funds as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 and permits the funds to remain available through FY2017. (Emergency funds are exempt from discretionary spending limits and other budget enforcement procedures.)
TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Provides FY2016 supplemental appropriations to the Department of Health and Human Services (HHS) to prevent, prepare for, and respond to the Zika virus, health conditions related to the virus, and other vector-borne diseases, domestically and internationally.
Provides appropriations to the Centers for Disease Control and Prevention for CDC-Wide Activities and Program Support.
Provides appropriations to the National Institutes of Health for the National Institute of Allergy and Infectious Diseases.
Provides appropriations to the Office of the Secretary for the Public Health and Social Services Emergency Fund.
(Sec. 101) Permits HHS, the State Department, and the USAID to use funds to appoint candidates for positions to perform critical work relating to the Zika response, without regard to specified requirements regarding hiring preferences if: (1) public notice has been given, and (2) HHS has determined that a public health threat exists.
(Sec. 102) Permits funds provided by this title to be transferred between specified HHS accounts if certain requirements are met.
(Sec. 103) Requires HHS to submit to Congress a detailed spending plan for funds provided by this title.
(Sec. 104) Provides funding to the HHS Office of Inspector General and the Government Accountability Office (GAO) for the oversight of activities funded by this title.
TITLE II--DEPARTMENT OF STATE
Provides appropriations to the State Department to support response efforts related to the Zika virus and related health outcomes, other vector-borne diseases, or other infectious diseases.
Provides appropriations for the Administration of Foreign Affairs, including:
Provides appropriations to the USAID for Operating Expenses.
Provides appropriations for Bilateral Economic Assistance for Global Health Programs.
(Sec. 201) Permits funds provided by this title to be transferred between specified accounts and sets forth requirements and restrictions for the transfers.
(Sec. 202) Prohibits funds provided by this title to respond to the Zika virus outbreak, other vector-borne diseases, or other infectious diseases from being obligated unless the State Department or the USAID notifies Congress 15 days in advance of the obligation.
(Sec. 203) Requires the State Department and the USAID to submit to Congress, prior to obligating funds provided by this title, a consolidated report on the anticipated uses of such funds on a country and project basis, including estimated personnel and administrative costs.
(Sec. 204) Provides funding to the USAID Office of Inspector General and the GAO for the oversight of activities funded by this title.
TITLE III--GENERAL PROVISIONS--THIS DIVISION
(Sec. 301) Provides that, unless otherwise indicated by this division, funds provided by this division are subject to the requirements contained in the Consolidated Appropriations Act, 2016.
(Sec. 302) Permits fund provided by this division to be used for contracts with individuals for the provision of personal services within the United States and abroad, subject to congressional notification requirements. Prohibits the individuals from being deemed U.S. employees for the purpose of any law administered by the Office of Personnel Management.
(Sec. 303) Specifies that any amount provided by this division that is designated as an emergency requirement, subsequently designated by the President, and is transferred pursuant to authorities provided in the division, retains the emergency designation.
(Sec. 304) Specifies that this division becomes effective immediately upon enactment of this bill.
DIVISION C--CONTINUING APPROPRIATIONS ACT, 2017
Provides continuing appropriations to federal agencies through December 9, 2016, or the enactment of specified appropriations legislation.
(Unless otherwise indicated, all extensions and provisions referenced in the summary of this division are for the duration of the CR.)
(Sec. 101) Provides FY2017 appropriations to federal agencies for continuing projects or activities at the levels of, and under the terms and conditions of FY2016 appropriations Acts, reduced by 0.496%.
(Sec. 102) Prohibits the Department of Defense (DOD) from using funds provided by Sec. 101 for starting new programs, entering into multi-year contracts, or increasing production rates.
(Sec. 103) Specifies that funds provided by section 101 shall be available to the extent and in the manner that would be provided in the pertinent appropriations Act.
(Sec. 104) Prohibits any appropriations or funds made available by section 101 from being used to initiate or resume any project or activity which was not funded in FY2016.
(Sec. 105) Continues all authorities, requirements, and limitations from FY2016 appropriations Acts through the date in section 106 and permits valid obligations and expenditures during the period of this CR.
(Sec. 106) Continues the appropriations provided by this division through the earlier of December 9, 2016, or the enactment of the pertinent appropriations bill.
(Sec. 107) Requires expenditures for activities funded in this division to be charged to the relevant account when the applicable appropriations bill becomes law.
(Sec. 108) Waives the normal time limitations for submission and approval of apportionments of accounts funded in annual appropriations Acts.
(Sec. 109) Limits disbursements for programs that otherwise would have high initial rates of operation or would complete distribution of funding at the beginning of the fiscal year if those actions would impinge on final congressional funding prerogatives.
(Sec. 110) Requires this division be implemented so that only the most limited funding action permitted by this division is taken in order to provide for continuation of projects and activities.
(Sec. 111) Provides that entitlements and other mandatory payments with budget authority provided in FY2016 appropriations bills and for activities under the Food and Nutrition Act of 2008 shall continue at the rate to maintain program levels under current law and under the authority and conditions provided in the applicable FY2016 appropriations Act for up to 30 days after the expiration of the CR.
(Sec. 112) Permits funding made available by this division for civilian personnel compensation and benefits in each department and agency to be apportioned up to the rate of operations necessary to avoid furloughs. Requires all necessary actions to reduce or defer non-personnel-related administrative expenses to be taken prior to using this authority.
(Sec. 113) Permits funds appropriated by this division to be obligated and expended notwithstanding specified statutory provisions restricting appropriations for foreign assistance, the Department of State, international broadcasting, and intelligence activities in the absence of prior authorizations.
(Sec. 114) Extends designations for Overseas Contingency Operations/ Global War on Terrorism and disaster relief to funds provided by this division that previously carried those designations.
Exempts funds for Overseas Contingency Operations/Global War on Terrorism, the Social Security Administration's continuing disability reviews and redeterminations, health care fraud and abuse control, and disaster relief from the across-the-board reduction included in section 101.
Provides that amounts designated for Overseas Contingency Operations/ Global War on Terrorism shall only be available if the President subsequently designates the amounts and transmits the designations to Congress.
(Sec. 115) Applies the across-the-board reduction in section 101 to advance appropriations made in prior years that first become available in FY2017.
(Sec. 116) Provides additional funding for the Department of Justice and HHS to implement the Comprehensive Addiction and Recovery Act of 2016 (CARA). Requires the VA to implement the Jason Simcakoski Memorial and Promise Act (title IX of CARA) using FY2017 Veterans Health Administration--Medical Services funds.
(Sec. 117) Provides additional funding for the Department of Agriculture's (USDA's) Commodity Supplemental Food Program, which is a domestic food assistance program that predominantly serves low-income elderly individuals.
(Sec. 118) Accelerates reimbursement to the Commodity Credit Corporation for net realized losses incurred and allows payments to be made to the farmers and ranchers supported by these programs.
(Sec. 119) Provides USDA with funding flexibility to pay ongoing debt service for multi-family direct loan program rental assistance contracts under sections 514 and 515 of the Housing Act of 1949.
(Sec. 120) Extends the authority that otherwise expires for Food and Drug Administration's Rare Pediatric Disease Priority Review Voucher Program.
(Sec. 121) Permits DOD to use specified funds to develop, replace, and sustain federal government security and suitability background investigation information technology system requirements of the Office of Personnel Management
(Sec. 122) Extends the authority that otherwise expires for the Office of Security Cooperation in Iraq.
(Sec. 123) Permits funds provided by this division to the Department of Energy for the Uranium Enrichment Decontamination and Decommissioning Fund to be apportioned up to the rate for operations necessary to avoid disruption of continuing projects and activities. (This account primarily funds the decommissioning and environmental remediation of three federal uranium enrichment facilities in Kentucky, Ohio, and Tennessee.)
(Sec. 124) Permits the District of Columbia to spend funds collected through local taxes and other non-federal sources.
(Sec. 125) Provides additional funding for the General Services Administration (GSA) to carry out the Presidential Transition Act of 1963. Permits the funds to be transferred and credited to the Acquisition Services Fund or Federal Buildings Fund to reimburse obligations incurred prior to enactment of this bill for purposes related to the 2016 Presidential election. Specifies that no funds are provided by this division for the GSA Pre-Election Presidential Transition account.
(Sec. 126) Provides additional funding for the Office of Administration for Presidential transition administrative support costs associated with the Presidential Transition Act of 1963. Permits the funds to be transferred to other accounts that provide funding for offices within the Executive Office of the President and the Office of the Vice President.
(Sec. 127) Provides additional funding for emergency planning and security in the District of Columbia for costs associated with the Presidential inauguration.
(Sec. 128) Provides additional funding for the National Archives and Records Administration (NARA) to carry out Presidential transition responsibilities under the Presidential Records Act of 1978.
(Sec. 129) Provides the Small Business Administration with funding flexibility to accommodate increased demand for general business loans authorized under section 7(a) of the Small Business Act.
(Sec. 130) Permits the Department of Homeland Security (DHS) to obligate funds in a new account and budget structure pursuant to an agreement with the Appropriations Committees.
(Sec. 131) Provides U.S. Customs and Border Protection and the Transportation Security Administration with funding flexibility to maintain staffing levels as of the end of FY2016.
(Sec. 132) Extends the authority of DHS to use certain procurement agreements for research and development projects with non-traditional government contractors.
(Sec. 133) Amends the Federal Lands Recreation Enhancement Act to extend through September 30, 2018, the authority of federal agencies to establish, collect, and retain fees on federal recreational lands and waters.
(Sec. 134) Extends the authority for the Eisenhower Memorial Commission that otherwise expires at the end of FY2016.
(Sec. 135) Permits the Bureau of Land Management (BLM) to make funds available to process and conduct activities related to Applications for Permits to Drill for oil and gas development on federal lands, to be offset by fees collected by the BLM.
(Sec. 136) Provides additional funding for the National Park Service for security and visitor safety activities related to the Presidential Inaugural Ceremonies.
(Sec. 137) Provides additional funding to the Environmental Protection Agency to implement requirements of the Chemical Safety for the 21st Century Act.
(Sec. 138) Extends the authority for the Department of Education's National Advisory Committee on Institutional Quality and Integrity. (The committee is responsible for assessing the process of accreditation in higher education and the institutional eligibility and certification of institutions of higher education to participate in federal student aid programs authorized under Title IV of the Higher Education Act.)
(Sec. 139) Specifies requirements for allocating federal child care funding under the Child Care and Development Block Grant program during the period of the CR.
(Sec. 140) Specifies requirements for calculating the base grant amount for Head Start grantees during the period of the CR.
(Sec. 141) Continues a rescission of Children's Health Insurance Program funds.
(Sec. 142) Appropriates a $174,000 death gratuity to the widow of Representative Kyle Mark Takai. (A gratuity equal to one year's salary has long been given to the heirs of Members of Congress who die in office.)
(Sec. 143) Permits the National Railroad Passenger Corporation (Amtrak) to obligate funds in a new account and budget structure pursuant to the Fixing America's Surface Transportation (FAST) Act.
(Sec. 144) Requires Maritime Security Program funds to: (1) be allocated at an annual rate across all vessels covered by operating agreements, and (2) distributed equally for payments due under all operating agreements in equal amounts. Prohibits any payments from exceeding an annual rate of $3.5 million per operating agreement.
(Sec. 145) Provides additional funding for the Department of Housing and Urban Development's Community Development Block Grant Program for activities related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas resulting from a major disaster declared in 2016.
DIVISION D--RESCISSIONS OF FUNDS
(Sec. 101) Rescinds specified unobligated balances from various programs and agencies, including funds that were provided for:
(This measure has not been amended since it was passed by the Senate on September 28, 2016. The summary of that version is repeated here.)
Highlights:
This bill provides FY2017 appropriations for Military Construction, Veterans Affairs, and Related Agencies; continuing appropriations through December 9, 2016, for other federal agencies; and FY2016 supplemental appropriations to respond to the Zika virus.
The bill also includes several rescissions and provides additional funding for disaster relief. The bill includes four divisions:
Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017
This division provides FY2017 appropriations to the Department of Defense (DOD) for military construction, military family housing, the U.S. share of the North Atlantic Treaty Organization Security Investment Program, and base closures and realignments.
The division also provides appropriations to the Department of Veterans Affairs (VA) for veterans benefit and health care programs, Departmental Administration, and the National Cemetery Administration.
Related agencies and programs funded in the division include the U.S. Court of Appeals for Veterans Claims; the Armed Forces Retirement Home; and the Cemeterial Expenses of the Army, including Arlington National Cemetery.
The division includes both mandatory and discretionary funding. It increases FY2017 discretionary funding for Military Construction and Veterans Affairs above FY2016 levels, including an increase for the VA and a decrease for Military Construction.
The division includes provisions that:
Zika Response and Preparedness
This division provides FY2016 supplemental appropriations to the Departments of Health and Human Services (HHS) and State to respond to the Zika virus.The division permits the funds to be used for the duration of FY2017, designates the funds as emergency requirements, and sets forth congressional reporting and notification requirements.
Continuing Appropriations Act, 2017
This division provides continuing appropriations to federal agencies through December 9, 2016, or the enactment of specified appropriations legislation.
It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur when FY2017 begins on October 1, 2016, because eleven of the twelve FY2017 regular appropriations bills that fund the federal government have not been enacted (excluding the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017 included in this bill).
This division funds most projects and activities at the FY2016 levels, with the inclusion of an across-the-board reduction of less than 1% to most programs. The division also includes a number of exceptions which provide funding flexibility and additional appropriations to various programs, including additional funding for disaster recovery efforts.
The division also extends several programs that are scheduled to expire at the end of FY2016.
Rescissions Of Funds
This division rescinds unobligated balances of funds from several agencies and programs throughout the federal government.
Full Summary:
Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017, and Zika Response and Preparedness Act
(Sec. 3) Specifies that references to "this Act" included in any division refer only to the provisions of the division unless the bill expressly provides otherwise.
(Sec. 4) Specifies that the sums in this bill are appropriated out of any money in the Treasury not otherwise appropriated for FY2017.
(Sec. 5) Specifies that each amount in this bill designated by Congress as an emergency requirement is contingent on the President also designating all of the emergency amounts and transmitting the designations to Congress.
(Sec. 6) Specifies that the explanatory statement regarding this bill that was printed in the Congressional Record has the same effect as a joint explanatory statement of a committee of conference.
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017
TITLE I--DEPARTMENT OF DEFENSE
Provides appropriations to the Department of Defense (DOD) for Military Construction for:
Provides appropriations to DOD for the North Atlantic Treaty Organization (NATO) Security Investment Program.
Provides appropriations to DOD for Construction and Operation and Maintenance of Family Housing for:
Provides appropriations for the Department of Defense Family Housing Improvement Fund.
Provides appropriations for the Department of Defense Base Closure Account.
(Sec. 101) Prohibits funds provided by this title from being used for payments exceeding $25,000 for construction in the United States under a cost-plus-a-fixed-fee contract without DOD approval. Includes an exception for work that is to be performed in Alaska.
(Sec. 102) Permits construction funds provided by this title to be used for hiring passenger motor vehicles.
(Sec. 103) Permits construction funds provided by this title to be used for advances to the Federal Highway Administration for the construction of access roads DOD has certified as important to national defense.
(Sec. 104) Prohibits funds provided by this title from being used to begin construction of new bases in the United States without a specific appropriation.
(Sec. 105) Prohibits funds provided by this title from being used to purchase land or land easements in excess of 100% of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command. Includes exceptions for: (1) determinations of value by a federal court, (2) purchases negotiated by the Attorney General or a designee, (3) values less than $25,000, and (4) DOD determinations that the purchase is in the public interest.
(Sec. 106) Prohibits funds provided by this title from being used to acquire land, provide for site preparation, or install utilities for family housing, except housing for which appropriations have been provided.
(Sec. 107) Prohibits funds provided by this title for minor construction from being used to transfer or relocate any activity from one base or installation to another without notifying Congress in advance.
(Sec. 108) Prohibits funds provided by this title from being used to procure steel for construction unless American producers, fabricators, and manufacturers have been allowed to compete for the procurement.
(Sec. 109) Prohibits funds provided to DOD for military construction or family housing during the current fiscal year from being used to pay real property taxes in any foreign nation.
(Sec. 110) Prohibits funds provided by this title from being used to initiate a new installation overseas without notifying Congress in advance.
(Sec. 111) Prohibits funds provided by this title from being used for architect and engineer contracts estimated to exceed $500,000 for projects in Japan, NATO member countries, or countries bordering the Arabian Gulf unless the contracts are awarded to U.S. firms or joint ventures with U.S. firms.
(Sec. 112) Prohibits funds provided by this title for military construction in U.S. territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf from being used to award a contract over $1 million to a foreign contractor. Includes exceptions.
(Sec. 113) Requires DOD to notify Congress in advance of military exercises if construction costs are expected to exceed $100,000.
(Sec. 114) Permits funds appropriated to DOD for construction in prior years to be used for construction projects authorized during the current session of Congress.
(Sec. 115) Permits expired or lapsed funds to be used to pay for supervision, inspection, overhead, engineering, and design costs for military construction or family housing projects being completed with lapsed or expired funds.
(Sec. 116) Permits funds provided for the construction of military projects to be available for five years if: (1) the funds are obligated from funds available for military construction, and (2) do not exceed the amount appropriated or permitted by law.
(Sec. 117) Permits the following transfers if Congress is notified and specified conditions are met:
(Sec. 118) Permits the transfer of funds from the Department of Defense Base Closure Account to the fund established to pay expenses associated with the Homeowners Assistance Program under the Demonstration Cities and Metropolitan Development Act of 1966.
(Sec. 119) Provides that funds for operation and maintenance of family housing in this title shall be the only source of funds for repair and maintenance of all family housing units, including general or flag officer quarters. Sets forth limitations and requirements for expenditures for maintenance and repair of general or flag officer quarters.
(Sec. 120) Appropriates funds contained in the Ford Island Improvement Account to remain available until expended or transferred.
(Sec. 121) Permits the transfer of unobligated balances of expired military construction and family housing funds into the Foreign Currency Fluctuations--Construction--Defense account.
(Sec. 122) Prohibits the Army from using funds provided by this division to relocate a unit that: (1) performs a required testing mission or function not performed by any other unit, and (2) is located at a military installation where the total number of Army civilian employees and contractor personnel exceeds 10% of the regular and reserve Army personnel. Includes an exception if the Army notifies Congress of the relocation's compliance with Army Regulation 5-10 concerning stationing actions.
(Sec. 123) Permits funds provided to an account in this title to be transferred among projects and activities within the account subject to specified DOD reprogramming guidelines for military and family housing construction.
(Sec. 124) Prohibits DOD military construction funds provided in this title from being used for the planning, design, and construction of projects at Arlington National Cemetery.
(Sec. 125) Provides specified additional funds to remain available through FY2021 for unfunded military construction priorities.
(Sec. 126) Provides specified additional funds to the Navy and Marine Corps to remain available through FY2021 for unfunded military construction priorities.
(Sec. 127) Rescinds specified unobligated balances from Military Construction accounts and the North Atlantic Treaty Organization Security Investment Program.
(Sec. 128) Rescinds specified unobligated balances from the fund established by the Demonstration Cities and Metropolitan Development Act of 1966 for expenses associated with the Homeowners Assistance Program.
(Sec. 129) Defines "congressional defense committees" to include the House and Senate Armed Services Committees and Appropriations Subcommittees on Military Construction and Veterans Affairs.
(Sec. 130) Prohibits funds provided by this division from being used for the closure or realignment of the U.S. Naval Station, Guantanamo Bay, Cuba.
(Sec. 131) Prohibits funds from being used to consolidate or relocate any element of a U.S. Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron Engineer (RED HORSE) squadron outside of the United States until the Air Force: (1) submits to Congress an analysis and comparison of the cost and investment required to consolidate or relocate a RED HORSE squadron outside of the United States versus within the United States, and (2) certifies to Congress that the preferred site yields the greatest savings.
TITLE II--DEPARTMENT OF VETERANS AFFAIRS
Provides appropriations to the Veterans Benefits Administration (VBA) for:
Provides appropriations to the Veterans Health Administration (VHA) for:
Provides appropriations to the National Cemetery Administration.
Provides appropriations to the VA for Departmental Administration, including:
Prohibits the expenditure of specified information technology funds for the Veterans Health Information Systems and Technology Architecture (VistA) Evolution Program until the VA submits to Congress reports including specified details regarding the status, costs, and plans for the program.
Withholds specified VHA construction funds until the VA:
(Sec. 201) Specifies transfer authorities and requirements for the VBA.
(Sec. 202) Specifies transfer authorities and requirements for the VHA.
(Sec. 203) Permits appropriations for salaries and expenses to be used for employment of temporary or intermittent experts and consultants, hire of passenger vehicles, lease of a facility or land, and uniforms.
(Sec. 204) Prohibits appropriations in this title other than Construction--Major Projects and Construction--Minor Projects from being used for land acquisition or construction of any new hospital or home.
(Sec. 205) Requires the VA to be reimbursed for medical services it provides to any person not defined as a beneficiary under specified laws.
(Sec. 206) Permits appropriations provided by this title for Compensation and Pensions, Readjustment Benefits, and Veterans Insurance and Indemnities to be used for payment of accrued obligations for the accounts recorded in the last quarter of FY2016.
(Sec. 207) Permits appropriations provided by this title to be used to pay specified prior year obligations. Requires obligations from trust fund accounts to be paid only from the Compensation and Pensions account.
(Sec. 208) Requires the VA to use surplus earnings from the National Service Life Insurance Fund, the Veterans' Special Life Insurance Fund, and the United States Government Life Insurance Fund to reimburse the General Operating Expenses--Veterans Benefits Administration and Information Technology Systems accounts for the costs to administer the insurance programs during FY2017.
(Sec. 209) Permits amounts deducted from enhanced-use lease proceeds for reimbursement of expenses from a prior year to be obligated in the year in which the proceeds are received.
(Sec. 210) Permits funds provided by this title for salaries and other administrative expenses to be used to reimburse the Office of Resolution Management and the Office of Employment Discrimination Complaint Adjudication within specified limits.
(Sec. 211) Requires the VA to collect third-party reimbursement information prior to providing hospital care, nursing home care, or medical services for a non-service connected disability. Permits the VA to recover reasonable charges for care from anyone who has not provided the required disclosures.
(Sec. 212) Permits enhanced-use leasing revenues to be deposited into the Construction--Major Projects and Construction--Minor Projects accounts to be used for construction, alterations, and improvements of VA medical facilities.
(Sec. 213) Permits funds provided for Medical Services to be used for: (1) furnishing recreational facilities, supplies, and equipment; and (2) funeral and burial expenses.
(Sec. 214) Permits funds deposited in the Medical Care Collections Fund to be transferred to the Medical Services and Medical Community Care accounts and remain available until expended for the purposes of those accounts.
(Sec. 215) Permits the VA to enter into agreements with Federally Qualified Health Centers in Alaska and certain Indian tribes and tribal organizations to provide healthcare, including behavioral health and dental care, to veterans in rural Alaska. Defines "rural Alaska" as those lands which are not within the boundaries of the municipality of Anchorage or the Fairbanks North Star Borough.
(Sec. 216) Permits funds deposited into the Department of Veterans Affairs Capital Asset Fund to be transferred to the Construction--Major Projects and Construction--Minor Projects accounts to remain available until expended.
(Sec. 217) Rescinds specified funds from the Medical Services account to enable the establishment of the Medical Community Care account.
(Sec. 218) Requires the VA to report quarterly to Congress on the financial status of the VA.
(Sec. 219) Permits specified FY2017 VA funds to be transferred to or from the Information Technology Systems account if approved by Congress.
(Sec. 220) Prohibits funds from being used to: (1) convert to contractor performance an activity or function performed by more than 10 federal employees unless the conversion is based on the result of a public-private competition that meets specified criteria, or (2) conduct studies comparing the costs of private and government provision of certain VHA products and services without a specific appropriation for that purpose.
(Sec. 221) Permits specified FY2017 VA funds provided for medical accounts, Construction--Minor Projects, and Information Technology Systems to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund and used for the operation of combined federal medical facilities.
(Sec. 222) Permits specified FY2018 VA advance funding provided for medical accounts to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund and used for the operation of combined federal medical facilities.
(Sec. 223) Permits transfers from the Medical Care Collections Fund to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for the operation of combined federal medical facilities.
(Sec. 224) Requires specified funds from the Medical Services, Medical Support and Compliance, and Medical Facilities accounts to be transferred to the DOD-VA Health Care Sharing Incentive Fund to remain available until expended.
(Sec. 225) Prohibits the VA from using funds to replace the current system that the Veterans Integrated Service Networks use to select and contract for diabetes monitoring supplies and equipment.
(Sec. 226) Directs the VA to notify Congress of all bid savings in major construction projects that total at least $5 million or 5% of the programmed amount of the project, whichever is less.
(Sec. 227) Prohibits the scope of work for a project included in Construction--Major Projects from being increased above the original budget request without congressional approval.
(Sec. 228) Requires the VA to submit to Congress a quarterly report containing performance measures and data from each VBA regional office.
(Sec. 229) Limits funds from the Medical Support and Compliance account that may be used for the Veterans Health Information Systems and Technology Architecture (VistA) Evolution and electronic health record interoperability projects. Permits additional funds to be obligated for this purpose if Congress is notified in advance.
(Sec. 230) Directs the VA to notify Congress before organizational changes that result in the transfer of 25 or more full-time equivalent staff from one organizational unit to another.
(Sec. 231) Requires the VA to report to Congress quarterly regarding any single national outreach and awareness campaign exceeding $2 million.
(Sec. 232) Permits the VA to transfer funds to the Medical Services account if the transfer is necessary to address the needs of the VHA, meets specified requirements, and is approved by the Office of Management and Budget (OMB) and Congress.
(Sec. 233) Permits FY2017 funds provided for the Board of Veterans Appeals and General Operating Expenses--Veterans Benefits Administration to be transferred between those accounts if Congress approves the transfer.
(Sec. 234) Prohibits the VA from reprogramming more than $5 million in funds among major construction projects or programs without congressional approval.
(Sec. 235) Rescinds specified unobligated balances from the DOD-VA Health Care Sharing Incentive Fund.
(Sec. 236) Rescinds specified unobligated balances from the VA Medical Services, Medical Support and Compliance, and Medical Facilities accounts.
(Sec. 237) Rescinds specified unobligated balances of funds provided to the VA.
(Sec. 238) Requires the VA to ensure that the toll-free suicide hotline authorized under current law: (1) provides individuals who contact the hotline with immediate assistance from a trained professional, and (2) adheres to all requirements of the American Association of Suicidology.
(Sec. 239) Requires the VA to treat a marriage and family therapist as qualified to serve in the VA if the therapist meets specified educational and licensing requirements.
(Sec. 240) Prohibits funds from being used to close or diminish services at certain VA medical facilities until the VA submits to Congress a national realignment strategy.
(Sec. 241) Prohibits the VA from transferring funds from the Filipino Veterans Equity Compensation Fund to any other VA account.
(Sec. 242) Amends the Veterans' Mental Health and Other Care Improvements Act of 2008 to extend through FY2017 the pilot program to provide health care services to veterans in rural areas by contracting with non-VA health care providers
(Sec. 243) Eliminates copayments for: (1) opioid antagonists that are provided to a veteran who is at high risk for overdose of a specific medication or substance in order to reverse the effect of an overdose, and (2) education on the use of opioid antagonists to reverse the effects of overdoses of a specific medication or substance.
(Sec. 244) Specifies requirements for the Office of Inspector General to provide the VA, Congress, and other entities with access to its reports.
(Sec. 245) Provides specified funds from the Medical Services account to carry out and expand to each VA medical center the pilot program for providing child care assistance to veterans receiving health care.
(Sec. 246) Requires the VA to disclose to a state controlled substance monitoring program information about a veteran or a dependent that is necessary to prevent misuse and diversion of prescription medicine.
(Sec. 247) Establishes additional procedures for filing whistle-blower complaints at the VA and for protecting whistle-blowers from retaliation.
Permits VA employees to file complaints with immediate and next-level supervisors, and ultimately with the VA after having properly filed a complaint at each supervisory level.
Provides that, if a supervisor makes a positive determination regarding a complaint, the VA must: (1) inform the employee of the ability to volunteer for a transfer, and (2) give preference to the transfer.
Requires the central VA whistle-blower office to investigate all complaints, regardless of whether the complaints are made by or against an employee who is not a Senior Executive Service member.
Requires the VA to: (1) carry out specified adverse actions against supervisors that retaliate by committing prohibited personnel actions relating to a complaint, and (2) provide employees with annual training regarding whistle-blower complaints.
(Sec. 248) Specifies documentation that DOD may accept to verify that a coastwise merchant seaman performed active duty service under honorable conditions. Permits the individuals whose service is recognized as honorable to be: (1) awarded an appropriate medal, ribbon, or other military decoration based on the service; and (2) honored as a veteran with benefits limited to those described in this provision.
(Sec. 249) Permits the VA to provide a monthly assistance allowance to certain disabled veterans competing on U.S. Olympic teams.
(Sec. 250) Adds coverage under the VA beneficiary travel program for the travel expenses of a veteran with vision impairment, a spinal cord injury or disorder, or double or multiple amputations whose travel is in connection with care provided through a special disabilities rehabilitation program of the VA if the care is provided on an in-patient basis and during a period in which the VA provides the veteran with temporary lodging at a VA facility to make the care more accessible.
Requires the VA to report to Congress on beneficiary travel program, including the cost and the number of veterans served by the program.
(Sec. 251) Requires the VA to establish a program to conduct inspections of kitchens and food service areas at each VA medical facility. Specifies that: (1) the inspections must occur at least annually, and (2) the program's goal is to ensure that the same standards for kitchens and food service areas at hospitals in the private sector are being met at VA medical facilities. Specifies requirements for an agreement for the inspections, remediation plans, and reports to Congress.
(Sec. 252) Requires the VA to establish a program to conduct risk-based inspections for mold and mold issues at each VA medical facility. Specifies requirements for an agreement for the inspections, the frequency of inspections, remediation plans, and reports to Congress.
(Sec. 253) Extends a requirement for the VA to report to Congress on its capacity to provide for specialized treatment and rehabilitative needs of disabled veterans.
(Sec. 254) Permits the VA to use funds provided by this title to ensure that the ratio of veterans to full-time employment equivalents within any rehabilitation program does not exceed 125 veterans to one full-time employment equivalent.
Requires the VA to report to Congress on rehabilitation programs including: (1) an assessment of the veteran-to-staff ratio for each program, and (2) recommendations to reduce the veteran-to-staff ratio for each program.
(Sec. 255) Requires departments and agencies funded by this division to provide an Inspector General (IG) funded by this division with timely access to records, documents, or other materials available to the department or agency over which the IG has responsibility. Requires each IG to comply with specified statutory limitations on disclosure of the information provided.
(Sec. 256) Prohibits the VA from using funds provided by this title to enter into an agreement related to resolving a dispute or claim with an individual that would restrict the individual from speaking to members of Congress or their staff on any topic not otherwise prohibited from disclosure by federal law or required by Executive Order to be kept secret in the interest of national defense or the conduct of foreign affairs.
(Sec. 257) Requires specified funds provided by this division for Medical Services to be used for: (1) adaptive sports programs for disabled veterans and members of the Armed Forces; and (2) payment of a monthly assistance allowance to a disabled veteran invited by the U.S. Olympic Committee to compete for a slot on, or selected for, the Paralympic Team.
(Sec. 258) Specifies details that must be included in the budget justification documents submitted for the Construction--Major Projects account.
(Sec. 259) Authorizes appropriations for the VA to carry out specified major medical facility projects.
(Sec. 260) Permits VA Medical Services funds to be used to provide: (1) fertility counseling and treatment using assisted reproductive technology to a covered veteran or the spouse of a covered veteran, or (2) adoption reimbursement to a covered veteran. Defines a "covered veteran" as a veteran who has a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment.
TITLE III--RELATED AGENCIES
Provides appropriations for related agencies, including:
(Sec. 301) Permits funds for Cemeterial Expenses--Army to be provided to Arlington County, Virginia to relocate a federally owned water main at Arlington National Cemetery to make additional land available for ground burials.
(Sec. 302) Permits funds from concessions at Army National Military Cemeteries to be used to support activities at the cemeteries.
TITLE IV--OVERSEAS CONTINGENCY OPERATIONS
Provide appropriations to DOD for Overseas Contingency Operations Military Construction projects for the:
Designates the amounts provided in this title as for Overseas Contingency Operations/ Global War on Terrorism pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985.
(Sec. 401) Specifies that funds designated in this division for Overseas Contingency Operations/Global War on Terrorism are only available if the President subsequently designates the amounts and transmits the designations to Congress.
TITLE V--GENERAL PROVISIONS
(Sec. 501) Prohibits the obligation of funds in this division beyond the current fiscal year unless expressly permitted in this division.
(Sec. 502) Prohibits the use of funds provided by this division for programs, projects, or activities not in compliance with federal laws related to risk assessment, the protection of private property rights, or unfunded mandates.
(Sec. 503) Encourages all departments and agencies funded in this division to expand their use of "E-Commerce" technologies and procedures.
(Sec. 504) Specifies the congressional committees that are to receive all reports and notifications required by this division.
(Sec. 505) Prohibits the transfer of funds to any part of the U.S. government without authority provided by an appropriations law.
(Sec. 506) Prohibits funds provided by this division from being used for a project or program named for an individual serving as a Member, Delegate, or Resident Commissioner of the U.S. House of Representatives.
(Sec. 507) Requires agencies to post reports submitted to Congress on the public website of the agency. Includes exceptions for national security and confidential or proprietary information.
(Sec. 508) Prohibits the use of funds provided by this division for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.
(Sec. 509) Prohibits the use of funds provided by this division for first-class travel by an employee of the executive branch.
(Sec. 510) Prohibits the use of funds provided by this division for any contract where the contractor has not complied with E-Verify requirements for verification of eligibility for employment.
(Sec. 511) Prohibits DOD or the VA from using funds provided by this division to purchase or lease a new vehicle except in accordance with Presidential Memorandum--Federal Fleet Performance, dated May 24, 2011.
(Sec. 512) Prohibits the use of funds provided by this division for the renovation, expansion, or construction of any facility in the United States to house any individual detained at the United States Naval Station at Guantanamo Bay, Cuba. Includes an exception for modification to the facility at Guantanamo Bay.
DIVISION B--ZIKA RESPONSE AND PREPAREDNESS
Provides FY2016 supplemental appropriations to the Department of Health and Human Services, the Department of State, and the United States Agency for International Development (USAID) to prevent, prepare for, and respond to the Zika virus.
Designates the funds as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 and permits the funds to remain available through FY2017. (Emergency funds are exempt from discretionary spending limits and other budget enforcement procedures.)
TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Provides FY2016 supplemental appropriations to the Department of Health and Human Services (HHS) to prevent, prepare for, and respond to the Zika virus, health conditions related to the virus, and other vector-borne diseases, domestically and internationally.
Provides appropriations to the Centers for Disease Control and Prevention for CDC-Wide Activities and Program Support.
Provides appropriations to the National Institutes of Health for the National Institute of Allergy and Infectious Diseases.
Provides appropriations to the Office of the Secretary for the Public Health and Social Services Emergency Fund.
(Sec. 101) Permits HHS, the State Department, and the USAID to use funds to appoint candidates for positions to perform critical work relating to the Zika response, without regard to specified requirements regarding hiring preferences if: (1) public notice has been given, and (2) HHS has determined that a public health threat exists.
(Sec. 102) Permits funds provided by this title to be transferred between specified HHS accounts if certain requirements are met.
(Sec. 103) Requires HHS to submit to Congress a detailed spending plan for funds provided by this title.
(Sec. 104) Provides funding to the HHS Office of Inspector General and the Government Accountability Office (GAO) for the oversight of activities funded by this title.
TITLE II--DEPARTMENT OF STATE
Provides appropriations to the State Department to support response efforts related to the Zika virus and related health outcomes, other vector-borne diseases, or other infectious diseases.
Provides appropriations for the Administration of Foreign Affairs, including:
Provides appropriations to the USAID for Operating Expenses.
Provides appropriations for Bilateral Economic Assistance for Global Health Programs.
(Sec. 201) Permits funds provided by this title to be transferred between specified accounts and sets forth requirements and restrictions for the transfers.
(Sec. 202) Prohibits funds provided by this title to respond to the Zika virus outbreak, other vector-borne diseases, or other infectious diseases from being obligated unless the State Department or the USAID notifies Congress 15 days in advance of the obligation.
(Sec. 203) Requires the State Department and the USAID to submit to Congress, prior to obligating funds provided by this title, a consolidated report on the anticipated uses of such funds on a country and project basis, including estimated personnel and administrative costs.
(Sec. 204) Provides funding to the USAID Office of Inspector General and the GAO for the oversight of activities funded by this title.
TITLE III--GENERAL PROVISIONS--THIS DIVISION
(Sec. 301) Provides that, unless otherwise indicated by this division, funds provided by this division are subject to the requirements contained in the Consolidated Appropriations Act, 2016.
(Sec. 302) Permits fund provided by this division to be used for contracts with individuals for the provision of personal services within the United States and abroad, subject to congressional notification requirements. Prohibits the individuals from being deemed U.S. employees for the purpose of any law administered by the Office of Personnel Management.
(Sec. 303) Specifies that any amount provided by this division that is designated as an emergency requirement, subsequently designated by the President, and is transferred pursuant to authorities provided in the division, retains the emergency designation.
(Sec. 304) Specifies that this division becomes effective immediately upon enactment of this bill.
DIVISION C--CONTINUING APPROPRIATIONS ACT, 2017
Provides continuing appropriations to federal agencies through December 9, 2016, or the enactment of specified appropriations legislation.
(Unless otherwise indicated, all extensions and provisions referenced in the summary of this division are for the duration of the CR.)
(Sec. 101) Provides FY2017 appropriations to federal agencies for continuing projects or activities at the levels of, and under the terms and conditions of FY2016 appropriations Acts, reduced by 0.496%.
(Sec. 102) Prohibits the Department of Defense (DOD) from using funds provided by Sec. 101 for starting new programs, entering into multi-year contracts, or increasing production rates.
(Sec. 103) Specifies that funds provided by section 101 shall be available to the extent and in the manner that would be provided in the pertinent appropriations Act.
(Sec. 104) Prohibits any appropriations or funds made available by section 101 from being used to initiate or resume any project or activity which was not funded in FY2016.
(Sec. 105) Continues all authorities, requirements, and limitations from FY2016 appropriations Acts through the date in section 106 and permits valid obligations and expenditures during the period of this CR.
(Sec. 106) Continues the appropriations provided by this division through the earlier of December 9, 2016, or the enactment of the pertinent appropriations bill.
(Sec. 107) Requires expenditures for activities funded in this division to be charged to the relevant account when the applicable appropriations bill becomes law.
(Sec. 108) Waives the normal time limitations for submission and approval of apportionments of accounts funded in annual appropriations Acts.
(Sec. 109) Limits disbursements for programs that otherwise would have high initial rates of operation or would complete distribution of funding at the beginning of the fiscal year if those actions would impinge on final congressional funding prerogatives.
(Sec. 110) Requires this division be implemented so that only the most limited funding action permitted by this division is taken in order to provide for continuation of projects and activities.
(Sec. 111) Provides that entitlements and other mandatory payments with budget authority provided in FY2016 appropriations bills and for activities under the Food and Nutrition Act of 2008 shall continue at the rate to maintain program levels under current law and under the authority and conditions provided in the applicable FY2016 appropriations Act for up to 30 days after the expiration of the CR.
(Sec. 112) Permits funding made available by this division for civilian personnel compensation and benefits in each department and agency to be apportioned up to the rate of operations necessary to avoid furloughs. Requires all necessary actions to reduce or defer non-personnel-related administrative expenses to be taken prior to using this authority.
(Sec. 113) Permits funds appropriated by this division to be obligated and expended notwithstanding specified statutory provisions restricting appropriations for foreign assistance, the Department of State, international broadcasting, and intelligence activities in the absence of prior authorizations.
(Sec. 114) Extends designations for Overseas Contingency Operations/ Global War on Terrorism and disaster relief to funds provided by this division that previously carried those designations.
Exempts funds for Overseas Contingency Operations/Global War on Terrorism, the Social Security Administration's continuing disability reviews and redeterminations, health care fraud and abuse control, and disaster relief from the across-the-board reduction included in section 101.
Provides that amounts designated for Overseas Contingency Operations/ Global War on Terrorism shall only be available if the President subsequently designates the amounts and transmits the designations to Congress.
(Sec. 115) Applies the across-the-board reduction in section 101 to advance appropriations made in prior years that first become available in FY2017.
(Sec. 116) Provides additional funding for the Department of Justice and HHS to implement the Comprehensive Addiction and Recovery Act of 2016 (CARA). Requires the VA to implement the Jason Simcakoski Memorial and Promise Act (title IX of CARA) using FY2017 Veterans Health Administration--Medical Services funds.
(Sec. 117) Provides additional funding for the Department of Agriculture's (USDA's) Commodity Supplemental Food Program, which is a domestic food assistance program that predominantly serves low-income elderly individuals.
(Sec. 118) Accelerates reimbursement to the Commodity Credit Corporation for net realized losses incurred and allows payments to be made to the farmers and ranchers supported by these programs.
(Sec. 119) Provides USDA with funding flexibility to pay ongoing debt service for multi-family direct loan program rental assistance contracts under sections 514 and 515 of the Housing Act of 1949.
(Sec. 120) Extends the authority that otherwise expires for Food and Drug Administration's Rare Pediatric Disease Priority Review Voucher Program.
(Sec. 121) Permits DOD to use specified funds to develop, replace, and sustain federal government security and suitability background investigation information technology system requirements of the Office of Personnel Management
(Sec. 122) Extends the authority that otherwise expires for the Office of Security Cooperation in Iraq.
(Sec. 123) Permits funds provided by this division to the Department of Energy for the Uranium Enrichment Decontamination and Decommissioning Fund to be apportioned up to the rate for operations necessary to avoid disruption of continuing projects and activities. (This account primarily funds the decommissioning and environmental remediation of three federal uranium enrichment facilities in Kentucky, Ohio, and Tennessee.)
(Sec. 124) Permits the District of Columbia to spend funds collected through local taxes and other non-federal sources.
(Sec. 125) Provides additional funding for the General Services Administration (GSA) to carry out the Presidential Transition Act of 1963. Permits the funds to be transferred and credited to the Acquisition Services Fund or Federal Buildings Fund to reimburse obligations incurred prior to enactment of this bill for purposes related to the 2016 Presidential election. Specifies that no funds are provided by this division for the GSA Pre-Election Presidential Transition account.
(Sec. 126) Provides additional funding for the Office of Administration for Presidential transition administrative support costs associated with the Presidential Transition Act of 1963. Permits the funds to be transferred to other accounts that provide funding for offices within the Executive Office of the President and the Office of the Vice President.
(Sec. 127) Provides additional funding for emergency planning and security in the District of Columbia for costs associated with the Presidential inauguration.
(Sec. 128) Provides additional funding for the National Archives and Records Administration (NARA) to carry out Presidential transition responsibilities under the Presidential Records Act of 1978.
(Sec. 129) Provides the Small Business Administration with funding flexibility to accommodate increased demand for general business loans authorized under section 7(a) of the Small Business Act.
(Sec. 130) Permits the Department of Homeland Security (DHS) to obligate funds in a new account and budget structure pursuant to an agreement with the Appropriations Committees.
(Sec. 131) Provides U.S. Customs and Border Protection and the Transportation Security Administration with funding flexibility to maintain staffing levels as of the end of FY2016.
(Sec. 132) Extends the authority of DHS to use certain procurement agreements for research and development projects with non-traditional government contractors.
(Sec. 133) Amends the Federal Lands Recreation Enhancement Act to extend through September 30, 2018, the authority of federal agencies to establish, collect, and retain fees on federal recreational lands and waters.
(Sec. 134) Extends the authority for the Eisenhower Memorial Commission that otherwise expires at the end of FY2016.
(Sec. 135) Permits the Bureau of Land Management (BLM) to make funds available to process and conduct activities related to Applications for Permits to Drill for oil and gas development on federal lands, to be offset by fees collected by the BLM.
(Sec. 136) Provides additional funding for the National Park Service for security and visitor safety activities related to the Presidential Inaugural Ceremonies.
(Sec. 137) Provides additional funding to the Environmental Protection Agency to implement requirements of the Chemical Safety for the 21st Century Act.
(Sec. 138) Extends the authority for the Department of Education's National Advisory Committee on Institutional Quality and Integrity. (The committee is responsible for assessing the process of accreditation in higher education and the institutional eligibility and certification of institutions of higher education to participate in federal student aid programs authorized under Title IV of the Higher Education Act.)
(Sec. 139) Specifies requirements for allocating federal child care funding under the Child Care and Development Block Grant program during the period of the CR.
(Sec. 140) Specifies requirements for calculating the base grant amount for Head Start grantees during the period of the CR.
(Sec. 141) Continues a rescission of Children's Health Insurance Program funds.
(Sec. 142) Appropriates a $174,000 death gratuity to the widow of Representative Kyle Mark Takai. (A gratuity equal to one year's salary has long been given to the heirs of Members of Congress who die in office.)
(Sec. 143) Permits the National Railroad Passenger Corporation (Amtrak) to obligate funds in a new account and budget structure pursuant to the Fixing America's Surface Transportation (FAST) Act.
(Sec. 144) Requires Maritime Security Program funds to: (1) be allocated at an annual rate across all vessels covered by operating agreements, and (2) distributed equally for payments due under all operating agreements in equal amounts. Prohibits any payments from exceeding an annual rate of $3.5 million per operating agreement.
(Sec. 145) Provides additional funding for the Department of Housing and Urban Development's Community Development Block Grant Program for activities related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas resulting from a major disaster declared in 2016.
DIVISION D--RESCISSIONS OF FUNDS
(Sec. 101) Rescinds specified unobligated balances from various programs and agencies, including funds that were provided for:
(This measure has not been amended since it was passed by the Senate on September 28, 2016. The summary of that version is repeated here.)
Highlights:
This bill provides FY2017 appropriations for Military Construction, Veter...
The bill also includes several rescissions and provides additional funding for disaster relief. The bill includes four divisions:
Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017
This division provides FY2017 appropriations to the Department of Defense (DOD) for military construction, military family housing, the U.S. share of the North Atlantic Treaty Organization Security Investment Program, and base closures and realignments.
The division also provides appropriations to the Department of Veterans Affairs (VA) for veterans benefit and health care programs, Departmental Administration, and the National Cemetery Administration.
Related agencies and programs funded in the division include the U.S. Court of Appeals for Veterans Claims; the Armed Forces Retirement Home; and the Cemeterial Expenses of the Army, including Arlington National Cemetery.
The division includes both mandatory and discretionary funding. It increases FY2017 discretionary funding for Military Construction and Veterans Affairs above FY2016 levels, including an increase for the VA and a decrease for Military Construction.
The division includes provisions that:
Zika Response and Preparedness
This division provides FY2016 supplemental appropriations to the Departments of Health and Human Services (HHS) and State to respond to the Zika virus.The division permits the funds to be used for the duration of FY2017, designates the funds as emergency requirements, and sets forth congressional reporting and notification requirements.
Continuing Appropriations Act, 2017
This division provides continuing appropriations to federal agencies through December 9, 2016, or the enactment of specified appropriations legislation.
It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur when FY2017 begins on October 1, 2016, because eleven of the twelve FY2017 regular appropriations bills that fund the federal government have not been enacted (excluding the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017 included in this bill).
This division funds most projects and activities at the FY2016 levels, with the inclusion of an across-the-board reduction of less than 1% to most programs. The division also includes a number of exceptions which provide funding flexibility and additional appropriations to various programs, including additional funding for disaster recovery efforts.
The division also extends several programs that are scheduled to expire at the end of FY2016.
Rescissions Of Funds
This division rescinds unobligated balances of funds from several agencies and programs throughout the federal government.
Full Summary:
Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017, and Zika Response and Preparedness Act
(Sec. 3) Specifies that references to "this Act" included in any division refer only to the provisions of the division unless the bill expressly provides otherwise.
(Sec. 4) Specifies that the sums in this bill are appropriated out of any money in the Treasury not otherwise appropriated for FY2017.
(Sec. 5) Specifies that each amount in this bill designated by Congress as an emergency requirement is contingent on the President also designating all of the emergency amounts and transmitting the designations to Congress.
(Sec. 6) Specifies that the explanatory statement regarding this bill that was printed in the Congressional Record has the same effect as a joint explanatory statement of a committee of conference.
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017
TITLE I--DEPARTMENT OF DEFENSE
Provides appropriations to the Department of Defense (DOD) for Military Construction for:
Provides appropriations to DOD for the North Atlantic Treaty Organization (NATO) Security Investment Program.
Provides appropriations to DOD for Construction and Operation and Maintenance of Family Housing for:
Provides appropriations for the Department of Defense Family Housing Improvement Fund.
Provides appropriations for the Department of Defense Base Closure Account.
(Sec. 101) Prohibits funds provided by this title from being used for payments exceeding $25,000 for construction in the United States under a cost-plus-a-fixed-fee contract without DOD approval. Includes an exception for work that is to be performed in Alaska.
(Sec. 102) Permits construction funds provided by this title to be used for hiring passenger motor vehicles.
(Sec. 103) Permits construction funds provided by this title to be used for advances to the Federal Highway Administration for the construction of access roads DOD has certified as important to national defense.
(Sec. 104) Prohibits funds provided by this title from being used to begin construction of new bases in the United States without a specific appropriation.
(Sec. 105) Prohibits funds provided by this title from being used to purchase land or land easements in excess of 100% of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command. Includes exceptions for: (1) determinations of value by a federal court, (2) purchases negotiated by the Attorney General or a designee, (3) values less than $25,000, and (4) DOD determinations that the purchase is in the public interest.
(Sec. 106) Prohibits funds provided by this title from being used to acquire land, provide for site preparation, or install utilities for family housing, except housing for which appropriations have been provided.
(Sec. 107) Prohibits funds provided by this title for minor construction from being used to transfer or relocate any activity from one base or installation to another without notifying Congress in advance.
(Sec. 108) Prohibits funds provided by this title from being used to procure steel for construction unless American producers, fabricators, and manufacturers have been allowed to compete for the procurement.
(Sec. 109) Prohibits funds provided to DOD for military construction or family housing during the current fiscal year from being used to pay real property taxes in any foreign nation.
(Sec. 110) Prohibits funds provided by this title from being used to initiate a new installation overseas without notifying Congress in advance.
(Sec. 111) Prohibits funds provided by this title from being used for architect and engineer contracts estimated to exceed $500,000 for projects in Japan, NATO member countries, or countries bordering the Arabian Gulf unless the contracts are awarded to U.S. firms or joint ventures with U.S. firms.
(Sec. 112) Prohibits funds provided by this title for military construction in U.S. territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf from being used to award a contract over $1 million to a foreign contractor. Includes exceptions.
(Sec. 113) Requires DOD to notify Congress in advance of military exercises if construction costs are expected to exceed $100,000.
(Sec. 114) Permits funds appropriated to DOD for construction in prior years to be used for construction projects authorized during the current session of Congress.
(Sec. 115) Permits expired or lapsed funds to be used to pay for supervision, inspection, overhead, engineering, and design costs for military construction or family housing projects being completed with lapsed or expired funds.
(Sec. 116) Permits funds provided for the construction of military projects to be available for five years if: (1) the funds are obligated from funds available for military construction, and (2) do not exceed the amount appropriated or permitted by law.
(Sec. 117) Permits the following transfers if Congress is notified and specified conditions are met:
(Sec. 118) Permits the transfer of funds from the Department of Defense Base Closure Account to the fund established to pay expenses associated with the Homeowners Assistance Program under the Demonstration Cities and Metropolitan Development Act of 1966.
(Sec. 119) Provides that funds for operation and maintenance of family housing in this title shall be the only source of funds for repair and maintenance of all family housing units, including general or flag officer quarters. Sets forth limitations and requirements for expenditures for maintenance and repair of general or flag officer quarters.
(Sec. 120) Appropriates funds contained in the Ford Island Improvement Account to remain available until expended or transferred.
(Sec. 121) Permits the transfer of unobligated balances of expired military construction and family housing funds into the Foreign Currency Fluctuations--Construction--Defense account.
(Sec. 122) Prohibits the Army from using funds provided by this division to relocate a unit that: (1) performs a required testing mission or function not performed by any other unit, and (2) is located at a military installation where the total number of Army civilian employees and contractor personnel exceeds 10% of the regular and reserve Army personnel. Includes an exception if the Army notifies Congress of the relocation's compliance with Army Regulation 5-10 concerning stationing actions.
(Sec. 123) Permits funds provided to an account in this title to be transferred among projects and activities within the account subject to specified DOD reprogramming guidelines for military and family housing construction.
(Sec. 124) Prohibits DOD military construction funds provided in this title from being used for the planning, design, and construction of projects at Arlington National Cemetery.
(Sec. 125) Provides specified additional funds to remain available through FY2021 for unfunded military construction priorities.
(Sec. 126) Provides specified additional funds to the Navy and Marine Corps to remain available through FY2021 for unfunded military construction priorities.
(Sec. 127) Rescinds specified unobligated balances from Military Construction accounts and the North Atlantic Treaty Organization Security Investment Program.
(Sec. 128) Rescinds specified unobligated balances from the fund established by the Demonstration Cities and Metropolitan Development Act of 1966 for expenses associated with the Homeowners Assistance Program.
(Sec. 129) Defines "congressional defense committees" to include the House and Senate Armed Services Committees and Appropriations Subcommittees on Military Construction and Veterans Affairs.
(Sec. 130) Prohibits funds provided by this division from being used for the closure or realignment of the U.S. Naval Station, Guantanamo Bay, Cuba.
(Sec. 131) Prohibits funds from being used to consolidate or relocate any element of a U.S. Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron Engineer (RED HORSE) squadron outside of the United States until the Air Force: (1) submits to Congress an analysis and comparison of the cost and investment required to consolidate or relocate a RED HORSE squadron outside of the United States versus within the United States, and (2) certifies to Congress that the preferred site yields the greatest savings.
TITLE II--DEPARTMENT OF VETERANS AFFAIRS
Provides appropriations to the Veterans Benefits Administration (VBA) for:
Provides appropriations to the Veterans Health Administration (VHA) for:
Provides appropriations to the National Cemetery Administration.
Provides appropriations to the VA for Departmental Administration, including:
Prohibits the expenditure of specified information technology funds for the Veterans Health Information Systems and Technology Architecture (VistA) Evolution Program until the VA submits to Congress reports including specified details regarding the status, costs, and plans for the program.
Withholds specified VHA construction funds until the VA:
(Sec. 201) Specifies transfer authorities and requirements for the VBA.
(Sec. 202) Specifies transfer authorities and requirements for the VHA.
(Sec. 203) Permits appropriations for salaries and expenses to be used for employment of temporary or intermittent experts and consultants, hire of passenger vehicles, lease of a facility or land, and uniforms.
(Sec. 204) Prohibits appropriations in this title other than Construction--Major Projects and Construction--Minor Projects from being used for land acquisition or construction of any new hospital or home.
(Sec. 205) Requires the VA to be reimbursed for medical services it provides to any person not defined as a beneficiary under specified laws.
(Sec. 206) Permits appropriations provided by this title for Compensation and Pensions, Readjustment Benefits, and Veterans Insurance and Indemnities to be used for payment of accrued obligations for the accounts recorded in the last quarter of FY2016.
(Sec. 207) Permits appropriations provided by this title to be used to pay specified prior year obligations. Requires obligations from trust fund accounts to be paid only from the Compensation and Pensions account.
(Sec. 208) Requires the VA to use surplus earnings from the National Service Life Insurance Fund, the Veterans' Special Life Insurance Fund, and the United States Government Life Insurance Fund to reimburse the General Operating Expenses--Veterans Benefits Administration and Information Technology Systems accounts for the costs to administer the insurance programs during FY2017.
(Sec. 209) Permits amounts deducted from enhanced-use lease proceeds for reimbursement of expenses from a prior year to be obligated in the year in which the proceeds are received.
(Sec. 210) Permits funds provided by this title for salaries and other administrative expenses to be used to reimburse the Office of Resolution Management and the Office of Employment Discrimination Complaint Adjudication within specified limits.
(Sec. 211) Requires the VA to collect third-party reimbursement information prior to providing hospital care, nursing home care, or medical services for a non-service connected disability. Permits the VA to recover reasonable charges for care from anyone who has not provided the required disclosures.
(Sec. 212) Permits enhanced-use leasing revenues to be deposited into the Construction--Major Projects and Construction--Minor Projects accounts to be used for construction, alterations, and improvements of VA medical facilities.
(Sec. 213) Permits funds provided for Medical Services to be used for: (1) furnishing recreational facilities, supplies, and equipment; and (2) funeral and burial expenses.
(Sec. 214) Permits funds deposited in the Medical Care Collections Fund to be transferred to the Medical Services and Medical Community Care accounts and remain available until expended for the purposes of those accounts.
(Sec. 215) Permits the VA to enter into agreements with Federally Qualified Health Centers in Alaska and certain Indian tribes and tribal organizations to provide healthcare, including behavioral health and dental care, to veterans in rural Alaska. Defines "rural Alaska" as those lands which are not within the boundaries of the municipality of Anchorage or the Fairbanks North Star Borough.
(Sec. 216) Permits funds deposited into the Department of Veterans Affairs Capital Asset Fund to be transferred to the Construction--Major Projects and Construction--Minor Projects accounts to remain available until expended.
(Sec. 217) Rescinds specified funds from the Medical Services account to enable the establishment of the Medical Community Care account.
(Sec. 218) Requires the VA to report quarterly to Congress on the financial status of the VA.
(Sec. 219) Permits specified FY2017 VA funds to be transferred to or from the Information Technology Systems account if approved by Congress.
(Sec. 220) Prohibits funds from being used to: (1) convert to contractor performance an activity or function performed by more than 10 federal employees unless the conversion is based on the result of a public-private competition that meets specified criteria, or (2) conduct studies comparing the costs of private and government provision of certain VHA products and services without a specific appropriation for that purpose.
(Sec. 221) Permits specified FY2017 VA funds provided for medical accounts, Construction--Minor Projects, and Information Technology Systems to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund and used for the operation of combined federal medical facilities.
(Sec. 222) Permits specified FY2018 VA advance funding provided for medical accounts to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund and used for the operation of combined federal medical facilities.
(Sec. 223) Permits transfers from the Medical Care Collections Fund to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for the operation of combined federal medical facilities.
(Sec. 224) Requires specified funds from the Medical Services, Medical Support and Compliance, and Medical Facilities accounts to be transferred to the DOD-VA Health Care Sharing Incentive Fund to remain available until expended.
(Sec. 225) Prohibits the VA from using funds to replace the current system that the Veterans Integrated Service Networks use to select and contract for diabetes monitoring supplies and equipment.
(Sec. 226) Directs the VA to notify Congress of all bid savings in major construction projects that total at least $5 million or 5% of the programmed amount of the project, whichever is less.
(Sec. 227) Prohibits the scope of work for a project included in Construction--Major Projects from being increased above the original budget request without congressional approval.
(Sec. 228) Requires the VA to submit to Congress a quarterly report containing performance measures and data from each VBA regional office.
(Sec. 229) Limits funds from the Medical Support and Compliance account that may be used for the Veterans Health Information Systems and Technology Architecture (VistA) Evolution and electronic health record interoperability projects. Permits additional funds to be obligated for this purpose if Congress is notified in advance.
(Sec. 230) Directs the VA to notify Congress before organizational changes that result in the transfer of 25 or more full-time equivalent staff from one organizational unit to another.
(Sec. 231) Requires the VA to report to Congress quarterly regarding any single national outreach and awareness campaign exceeding $2 million.
(Sec. 232) Permits the VA to transfer funds to the Medical Services account if the transfer is necessary to address the needs of the VHA, meets specified requirements, and is approved by the Office of Management and Budget (OMB) and Congress.
(Sec. 233) Permits FY2017 funds provided for the Board of Veterans Appeals and General Operating Expenses--Veterans Benefits Administration to be transferred between those accounts if Congress approves the transfer.
(Sec. 234) Prohibits the VA from reprogramming more than $5 million in funds among major construction projects or programs without congressional approval.
(Sec. 235) Rescinds specified unobligated balances from the DOD-VA Health Care Sharing Incentive Fund.
(Sec. 236) Rescinds specified unobligated balances from the VA Medical Services, Medical Support and Compliance, and Medical Facilities accounts.
(Sec. 237) Rescinds specified unobligated balances of funds provided to the VA.
(Sec. 238) Requires the VA to ensure that the toll-free suicide hotline authorized under current law: (1) provides individuals who contact the hotline with immediate assistance from a trained professional, and (2) adheres to all requirements of the American Association of Suicidology.
(Sec. 239) Requires the VA to treat a marriage and family therapist as qualified to serve in the VA if the therapist meets specified educational and licensing requirements.
(Sec. 240) Prohibits funds from being used to close or diminish services at certain VA medical facilities until the VA submits to Congress a national realignment strategy.
(Sec. 241) Prohibits the VA from transferring funds from the Filipino Veterans Equity Compensation Fund to any other VA account.
(Sec. 242) Amends the Veterans' Mental Health and Other Care Improvements Act of 2008 to extend through FY2017 the pilot program to provide health care services to veterans in rural areas by contracting with non-VA health care providers
(Sec. 243) Eliminates copayments for: (1) opioid antagonists that are provided to a veteran who is at high risk for overdose of a specific medication or substance in order to reverse the effect of an overdose, and (2) education on the use of opioid antagonists to reverse the effects of overdoses of a specific medication or substance.
(Sec. 244) Specifies requirements for the Office of Inspector General to provide the VA, Congress, and other entities with access to its reports.
(Sec. 245) Provides specified funds from the Medical Services account to carry out and expand to each VA medical center the pilot program for providing child care assistance to veterans receiving health care.
(Sec. 246) Requires the VA to disclose to a state controlled substance monitoring program information about a veteran or a dependent that is necessary to prevent misuse and diversion of prescription medicine.
(Sec. 247) Establishes additional procedures for filing whistle-blower complaints at the VA and for protecting whistle-blowers from retaliation.
Permits VA employees to file complaints with immediate and next-level supervisors, and ultimately with the VA after having properly filed a complaint at each supervisory level.
Provides that, if a supervisor makes a positive determination regarding a complaint, the VA must: (1) inform the employee of the ability to volunteer for a transfer, and (2) give preference to the transfer.
Requires the central VA whistle-blower office to investigate all complaints, regardless of whether the complaints are made by or against an employee who is not a Senior Executive Service member.
Requires the VA to: (1) carry out specified adverse actions against supervisors that retaliate by committing prohibited personnel actions relating to a complaint, and (2) provide employees with annual training regarding whistle-blower complaints.
(Sec. 248) Specifies documentation that DOD may accept to verify that a coastwise merchant seaman performed active duty service under honorable conditions. Permits the individuals whose service is recognized as honorable to be: (1) awarded an appropriate medal, ribbon, or other military decoration based on the service; and (2) honored as a veteran with benefits limited to those described in this provision.
(Sec. 249) Permits the VA to provide a monthly assistance allowance to certain disabled veterans competing on U.S. Olympic teams.
(Sec. 250) Adds coverage under the VA beneficiary travel program for the travel expenses of a veteran with vision impairment, a spinal cord injury or disorder, or double or multiple amputations whose travel is in connection with care provided through a special disabilities rehabilitation program of the VA if the care is provided on an in-patient basis and during a period in which the VA provides the veteran with temporary lodging at a VA facility to make the care more accessible.
Requires the VA to report to Congress on beneficiary travel program, including the cost and the number of veterans served by the program.
(Sec. 251) Requires the VA to establish a program to conduct inspections of kitchens and food service areas at each VA medical facility. Specifies that: (1) the inspections must occur at least annually, and (2) the program's goal is to ensure that the same standards for kitchens and food service areas at hospitals in the private sector are being met at VA medical facilities. Specifies requirements for an agreement for the inspections, remediation plans, and reports to Congress.
(Sec. 252) Requires the VA to establish a program to conduct risk-based inspections for mold and mold issues at each VA medical facility. Specifies requirements for an agreement for the inspections, the frequency of inspections, remediation plans, and reports to Congress.
(Sec. 253) Extends a requirement for the VA to report to Congress on its capacity to provide for specialized treatment and rehabilitative needs of disabled veterans.
(Sec. 254) Permits the VA to use funds provided by this title to ensure that the ratio of veterans to full-time employment equivalents within any rehabilitation program does not exceed 125 veterans to one full-time employment equivalent.
Requires the VA to report to Congress on rehabilitation programs including: (1) an assessment of the veteran-to-staff ratio for each program, and (2) recommendations to reduce the veteran-to-staff ratio for each program.
(Sec. 255) Requires departments and agencies funded by this division to provide an Inspector General (IG) funded by this division with timely access to records, documents, or other materials available to the department or agency over which the IG has responsibility. Requires each IG to comply with specified statutory limitations on disclosure of the information provided.
(Sec. 256) Prohibits the VA from using funds provided by this title to enter into an agreement related to resolving a dispute or claim with an individual that would restrict the individual from speaking to members of Congress or their staff on any topic not otherwise prohibited from disclosure by federal law or required by Executive Order to be kept secret in the interest of national defense or the conduct of foreign affairs.
(Sec. 257) Requires specified funds provided by this division for Medical Services to be used for: (1) adaptive sports programs for disabled veterans and members of the Armed Forces; and (2) payment of a monthly assistance allowance to a disabled veteran invited by the U.S. Olympic Committee to compete for a slot on, or selected for, the Paralympic Team.
(Sec. 258) Specifies details that must be included in the budget justification documents submitted for the Construction--Major Projects account.
(Sec. 259) Authorizes appropriations for the VA to carry out specified major medical facility projects.
(Sec. 260) Permits VA Medical Services funds to be used to provide: (1) fertility counseling and treatment using assisted reproductive technology to a covered veteran or the spouse of a covered veteran, or (2) adoption reimbursement to a covered veteran. Defines a "covered veteran" as a veteran who has a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment.
TITLE III--RELATED AGENCIES
Provides appropriations for related agencies, including:
(Sec. 301) Permits funds for Cemeterial Expenses--Army to be provided to Arlington County, Virginia to relocate a federally owned water main at Arlington National Cemetery to make additional land available for ground burials.
(Sec. 302) Permits funds from concessions at Army National Military Cemeteries to be used to support activities at the cemeteries.
TITLE IV--OVERSEAS CONTINGENCY OPERATIONS
Provide appropriations to DOD for Overseas Contingency Operations Military Construction projects for the:
Designates the amounts provided in this title as for Overseas Contingency Operations/ Global War on Terrorism pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985.
(Sec. 401) Specifies that funds designated in this division for Overseas Contingency Operations/Global War on Terrorism are only available if the President subsequently designates the amounts and transmits the designations to Congress.
TITLE V--GENERAL PROVISIONS
(Sec. 501) Prohibits the obligation of funds in this division beyond the current fiscal year unless expressly permitted in this division.
(Sec. 502) Prohibits the use of funds provided by this division for programs, projects, or activities not in compliance with federal laws related to risk assessment, the protection of private property rights, or unfunded mandates.
(Sec. 503) Encourages all departments and agencies funded in this division to expand their use of "E-Commerce" technologies and procedures.
(Sec. 504) Specifies the congressional committees that are to receive all reports and notifications required by this division.
(Sec. 505) Prohibits the transfer of funds to any part of the U.S. government without authority provided by an appropriations law.
(Sec. 506) Prohibits funds provided by this division from being used for a project or program named for an individual serving as a Member, Delegate, or Resident Commissioner of the U.S. House of Representatives.
(Sec. 507) Requires agencies to post reports submitted to Congress on the public website of the agency. Includes exceptions for national security and confidential or proprietary information.
(Sec. 508) Prohibits the use of funds provided by this division for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.
(Sec. 509) Prohibits the use of funds provided by this division for first-class travel by an employee of the executive branch.
(Sec. 510) Prohibits the use of funds provided by this division for any contract where the contractor has not complied with E-Verify requirements for verification of eligibility for employment.
(Sec. 511) Prohibits DOD or the VA from using funds provided by this division to purchase or lease a new vehicle except in accordance with Presidential Memorandum--Federal Fleet Performance, dated May 24, 2011.
(Sec. 512) Prohibits the use of funds provided by this division for the renovation, expansion, or construction of any facility in the United States to house any individual detained at the United States Naval Station at Guantanamo Bay, Cuba. Includes an exception for modification to the facility at Guantanamo Bay.
DIVISION B--ZIKA RESPONSE AND PREPAREDNESS
Provides FY2016 supplemental appropriations to the Department of Health and Human Services, the Department of State, and the United States Agency for International Development (USAID) to prevent, prepare for, and respond to the Zika virus.
Designates the funds as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 and permits the funds to remain available through FY2017. (Emergency funds are exempt from discretionary spending limits and other budget enforcement procedures.)
TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Provides FY2016 supplemental appropriations to the Department of Health and Human Services (HHS) to prevent, prepare for, and respond to the Zika virus, health conditions related to the virus, and other vector-borne diseases, domestically and internationally.
Provides appropriations to the Centers for Disease Control and Prevention for CDC-Wide Activities and Program Support.
Provides appropriations to the National Institutes of Health for the National Institute of Allergy and Infectious Diseases.
Provides appropriations to the Office of the Secretary for the Public Health and Social Services Emergency Fund.
(Sec. 101) Permits HHS, the State Department, and the USAID to use funds to appoint candidates for positions to perform critical work relating to the Zika response, without regard to specified requirements regarding hiring preferences if: (1) public notice has been given, and (2) HHS has determined that a public health threat exists.
(Sec. 102) Permits funds provided by this title to be transferred between specified HHS accounts if certain requirements are met.
(Sec. 103) Requires HHS to submit to Congress a detailed spending plan for funds provided by this title.
(Sec. 104) Provides funding to the HHS Office of Inspector General and the Government Accountability Office (GAO) for the oversight of activities funded by this title.
TITLE II--DEPARTMENT OF STATE
Provides appropriations to the State Department to support response efforts related to the Zika virus and related health outcomes, other vector-borne diseases, or other infectious diseases.
Provides appropriations for the Administration of Foreign Affairs, including:
Provides appropriations to the USAID for Operating Expenses.
Provides appropriations for Bilateral Economic Assistance for Global Health Programs.
(Sec. 201) Permits funds provided by this title to be transferred between specified accounts and sets forth requirements and restrictions for the transfers.
(Sec. 202) Prohibits funds provided by this title to respond to the Zika virus outbreak, other vector-borne diseases, or other infectious diseases from being obligated unless the State Department or the USAID notifies Congress 15 days in advance of the obligation.
(Sec. 203) Requires the State Department and the USAID to submit to Congress, prior to obligating funds provided by this title, a consolidated report on the anticipated uses of such funds on a country and project basis, including estimated personnel and administrative costs.
(Sec. 204) Provides funding to the USAID Office of Inspector General and the GAO for the oversight of activities funded by this title.
TITLE III--GENERAL PROVISIONS--THIS DIVISION
(Sec. 301) Provides that, unless otherwise indicated by this division, funds provided by this division are subject to the requirements contained in the Consolidated Appropriations Act, 2016.
(Sec. 302) Permits fund provided by this division to be used for contracts with individuals for the provision of personal services within the United States and abroad, subject to congressional notification requirements. Prohibits the individuals from being deemed U.S. employees for the purpose of any law administered by the Office of Personnel Management.
(Sec. 303) Specifies that any amount provided by this division that is designated as an emergency requirement, subsequently designated by the President, and is transferred pursuant to authorities provided in the division, retains the emergency designation.
(Sec. 304) Specifies that this division becomes effective immediately upon enactment of this bill.
DIVISION C--CONTINUING APPROPRIATIONS ACT, 2017
Provides continuing appropriations to federal agencies through December 9, 2016, or the enactment of specified appropriations legislation.
(Unless otherwise indicated, all extensions and provisions referenced in the summary of this division are for the duration of the CR.)
(Sec. 101) Provides FY2017 appropriations to federal agencies for continuing projects or activities at the levels of, and under the terms and conditions of FY2016 appropriations Acts, reduced by 0.496%.
(Sec. 102) Prohibits the Department of Defense (DOD) from using funds provided by Sec. 101 for starting new programs, entering into multi-year contracts, or increasing production rates.
(Sec. 103) Specifies that funds provided by section 101 shall be available to the extent and in the manner that would be provided in the pertinent appropriations Act.
(Sec. 104) Prohibits any appropriations or funds made available by section 101 from being used to initiate or resume any project or activity which was not funded in FY2016.
(Sec. 105) Continues all authorities, requirements, and limitations from FY2016 appropriations Acts through the date in section 106 and permits valid obligations and expenditures during the period of this CR.
(Sec. 106) Continues the appropriations provided by this division through the earlier of December 9, 2016, or the enactment of the pertinent appropriations bill.
(Sec. 107) Requires expenditures for activities funded in this division to be charged to the relevant account when the applicable appropriations bill becomes law.
(Sec. 108) Waives the normal time limitations for submission and approval of apportionments of accounts funded in annual appropriations Acts.
(Sec. 109) Limits disbursements for programs that otherwise would have high initial rates of operation or would complete distribution of funding at the beginning of the fiscal year if those actions would impinge on final congressional funding prerogatives.
(Sec. 110) Requires this division be implemented so that only the most limited funding action permitted by this division is taken in order to provide for continuation of projects and activities.
(Sec. 111) Provides that entitlements and other mandatory payments with budget authority provided in FY2016 appropriations bills and for activities under the Food and Nutrition Act of 2008 shall continue at the rate to maintain program levels under current law and under the authority and conditions provided in the applicable FY2016 appropriations Act for up to 30 days after the expiration of the CR.
(Sec. 112) Permits funding made available by this division for civilian personnel compensation and benefits in each department and agency to be apportioned up to the rate of operations necessary to avoid furloughs. Requires all necessary actions to reduce or defer non-personnel-related administrative expenses to be taken prior to using this authority.
(Sec. 113) Permits funds appropriated by this division to be obligated and expended notwithstanding specified statutory provisions restricting appropriations for foreign assistance, the Department of State, international broadcasting, and intelligence activities in the absence of prior authorizations.
(Sec. 114) Extends designations for Overseas Contingency Operations/ Global War on Terrorism and disaster relief to funds provided by this division that previously carried those designations.
Exempts funds for Overseas Contingency Operations/Global War on Terrorism, the Social Security Administration's continuing disability reviews and redeterminations, health care fraud and abuse control, and disaster relief from the across-the-board reduction included in section 101.
Provides that amounts designated for Overseas Contingency Operations/ Global War on Terrorism shall only be available if the President subsequently designates the amounts and transmits the designations to Congress.
(Sec. 115) Applies the across-the-board reduction in section 101 to advance appropriations made in prior years that first become available in FY2017.
(Sec. 116) Provides additional funding for the Department of Justice and HHS to implement the Comprehensive Addiction and Recovery Act of 2016 (CARA). Requires the VA to implement the Jason Simcakoski Memorial and Promise Act (title IX of CARA) using FY2017 Veterans Health Administration--Medical Services funds.
(Sec. 117) Provides additional funding for the Department of Agriculture's (USDA's) Commodity Supplemental Food Program, which is a domestic food assistance program that predominantly serves low-income elderly individuals.
(Sec. 118) Accelerates reimbursement to the Commodity Credit Corporation for net realized losses incurred and allows payments to be made to the farmers and ranchers supported by these programs.
(Sec. 119) Provides USDA with funding flexibility to pay ongoing debt service for multi-family direct loan program rental assistance contracts under sections 514 and 515 of the Housing Act of 1949.
(Sec. 120) Extends the authority that otherwise expires for Food and Drug Administration's Rare Pediatric Disease Priority Review Voucher Program.
(Sec. 121) Permits DOD to use specified funds to develop, replace, and sustain federal government security and suitability background investigation information technology system requirements of the Office of Personnel Management
(Sec. 122) Extends the authority that otherwise expires for the Office of Security Cooperation in Iraq.
(Sec. 123) Permits funds provided by this division to the Department of Energy for the Uranium Enrichment Decontamination and Decommissioning Fund to be apportioned up to the rate for operations necessary to avoid disruption of continuing projects and activities. (This account primarily funds the decommissioning and environmental remediation of three federal uranium enrichment facilities in Kentucky, Ohio, and Tennessee.)
(Sec. 124) Permits the District of Columbia to spend funds collected through local taxes and other non-federal sources.
(Sec. 125) Provides additional funding for the General Services Administration (GSA) to carry out the Presidential Transition Act of 1963. Permits the funds to be transferred and credited to the Acquisition Services Fund or Federal Buildings Fund to reimburse obligations incurred prior to enactment of this bill for purposes related to the 2016 Presidential election. Specifies that no funds are provided by this division for the GSA Pre-Election Presidential Transition account.
(Sec. 126) Provides additional funding for the Office of Administration for Presidential transition administrative support costs associated with the Presidential Transition Act of 1963. Permits the funds to be transferred to other accounts that provide funding for offices within the Executive Office of the President and the Office of the Vice President.
(Sec. 127) Provides additional funding for emergency planning and security in the District of Columbia for costs associated with the Presidential inauguration.
(Sec. 128) Provides additional funding for the National Archives and Records Administration (NARA) to carry out Presidential transition responsibilities under the Presidential Records Act of 1978.
(Sec. 129) Provides the Small Business Administration with funding flexibility to accommodate increased demand for general business loans authorized under section 7(a) of the Small Business Act.
(Sec. 130) Permits the Department of Homeland Security (DHS) to obligate funds in a new account and budget structure pursuant to an agreement with the Appropriations Committees.
(Sec. 131) Provides U.S. Customs and Border Protection and the Transportation Security Administration with funding flexibility to maintain staffing levels as of the end of FY2016.
(Sec. 132) Extends the authority of DHS to use certain procurement agreements for research and development projects with non-traditional government contractors.
(Sec. 133) Amends the Federal Lands Recreation Enhancement Act to extend through September 30, 2018, the authority of federal agencies to establish, collect, and retain fees on federal recreational lands and waters.
(Sec. 134) Extends the authority for the Eisenhower Memorial Commission that otherwise expires at the end of FY2016.
(Sec. 135) Permits the Bureau of Land Management (BLM) to make funds available to process and conduct activities related to Applications for Permits to Drill for oil and gas development on federal lands, to be offset by fees collected by the BLM.
(Sec. 136) Provides additional funding for the National Park Service for security and visitor safety activities related to the Presidential Inaugural Ceremonies.
(Sec. 137) Provides additional funding to the Environmental Protection Agency to implement requirements of the Chemical Safety for the 21st Century Act.
(Sec. 138) Extends the authority for the Department of Education's National Advisory Committee on Institutional Quality and Integrity. (The committee is responsible for assessing the process of accreditation in higher education and the institutional eligibility and certification of institutions of higher education to participate in federal student aid programs authorized under Title IV of the Higher Education Act.)
(Sec. 139) Specifies requirements for allocating federal child care funding under the Child Care and Development Block Grant program during the period of the CR.
(Sec. 140) Specifies requirements for calculating the base grant amount for Head Start grantees during the period of the CR.
(Sec. 141) Continues a rescission of Children's Health Insurance Program funds.
(Sec. 142) Appropriates a $174,000 death gratuity to the widow of Representative Kyle Mark Takai. (A gratuity equal to one year's salary has long been given to the heirs of Members of Congress who die in office.)
(Sec. 143) Permits the National Railroad Passenger Corporation (Amtrak) to obligate funds in a new account and budget structure pursuant to the Fixing America's Surface Transportation (FAST) Act.
(Sec. 144) Requires Maritime Security Program funds to: (1) be allocated at an annual rate across all vessels covered by operating agreements, and (2) distributed equally for payments due under all operating agreements in equal amounts. Prohibits any payments from exceeding an annual rate of $3.5 million per operating agreement.
(Sec. 145) Provides additional funding for the Department of Housing and Urban Development's Community Development Block Grant Program for activities related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas resulting from a major disaster declared in 2016.
DIVISION D--RESCISSIONS OF FUNDS
(Sec. 101) Rescinds specified unobligated balances from various programs and agencies, including funds that were provided for: