Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017 and Zika Response and…

Highlights:

This bill provides FY2017 appropriations for Military Construction, Veterans Affairs, and Related Agencies and provides FY2016 supplemental appropriations to respond to the Zika virus.

The bill includes four divisions:

• the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017;
• the Zika Response and Preparedness Appropriations Act, 2016;
• the Zika Vector Control Act; and
• Rescissions of Funds.

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:

• permit the VA to pay for fertility treatments, counseling, and adoption expenses for veterans with certain service-connected disabilities;
• establish additional procedures and protections for VA whistle-blowers;
• and prohibit funds from being used for: (1) constructing, renovating, or expanding a facility for the purpose of housing individuals detained at U.S. Naval Station at Guantanamo Bay, Cuba; and (2) closing or transferring the facility.

Zika Response and Preparedness Appropriations Act, 2016

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.

Zika Vector Control Act

This division waives for 180 days certain permit requirements under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) for pesticides being used to control mosquitos for the prevention and control of the Zika virus.

Rescissions Of Funds

This division rescinds specified unobligated balances of funds that were provided for the Patient Protection and Affordable Care Act, the Department of Health and Human Services, and the response to the Ebola virus.

Full Summary:

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.

Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017

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:

• the Army;
• the Navy and Marine Corps;
• the Air Force;
• Defense-Wide agencies and activities (other than military departments);
• the Army and Air National Guard; and
• the Army, Navy, and Air Force Reserves.

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:

• the Army,
• the Navy and Marine Corps,
• the Air Force, and
• Defense-Wide agencies and activities (other than military departments).

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:

• to the Department of Defense Family Housing Improvement Fund from appropriations for construction in Family Housing accounts, and
• to the Department of Defense Military Unaccompanied Housing Improvement Fund from appropriations for construction of military unaccompanied housing in Military Construction accounts.

(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:

• Compensation and Pensions,
• Readjustment Benefits,
• Veterans Insurance and Indemnities,
• the Veterans Housing Benefit Program Fund,
• the Vocational Rehabilitation Loans Program Account,
• the Native American Veteran Housing Loan Program Account, and
• General Operating Expenses.

Provides appropriations to the Veterans Health Administration (VHA) for:

• Medical Services,
• Medical Community Care,
• Medical Support and Compliance,
• Medical Facilities, and
• Medical and Prosthetic Research.

Provides appropriations to the National Cemetery Administration.

Provides appropriations to the VA for Departmental Administration, including:

• General Administration,
• the Board of Veterans Appeals,
• Information Technology Systems,
• the Office of Inspector General,
• Construction--Major Projects,
• Construction--Minor Projects,
• Grants for Construction of State Extended Care Facilities, and
• Grants for Construction of Veterans Cemeteries.

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:

• enters an agreement with a non-VA federal entity to serve as the design and/ or construction agent for any VHA major construction project that exceeds $100 million, and
• certifies that an agreement is executed to minimize or prevent subsequent major construction project cost overruns.

(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 conducting 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 conducting 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:

• the American Battle Monuments Commission;
• the U.S. Court of Appeals for Veterans Claims;
• Cemeterial Expenses of the Army, including Arlington National Cemetery and Soldiers' and Airmen's Home National Cemetery; and
• the Armed Forces Retirement Home.

(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:

• Army,
• Navy and Marine Corps,
• Air Force, and
• Defense-Wide agencies and activities

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 by in this division by the Congress for Overseas Contingency Operations/Global War on Terrorism are only available if the President subsequently designates the amounts and transmits the designations to the 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.

Zika Response and Preparedness Appropriations Act, 2016

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, health conditions related to the virus, and other vector-borne diseases.

Provides appropriations for the Administration of Foreign Affairs, including:

• Diplomatic and Consular Programs,
• Emergencies in the Diplomatic and Consular Service, and
• the Repatriation Loans Program Account.

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 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.

(Sec. 205) Rescinds specified unobligated balances of funds that were provided to the USAID to prevent, prepare for, and respond to the Ebola virus disease outbreak.

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.

Zika Vector Control Act

DIVISION C- ZIKA VECTOR CONTROL

(Sec. 2) Provides that, for the 180 day period following the date of enactment of this bill, the Environmental Protection Agency or a state may not require a permit under the Clean Water Act for the discharge of certain pesticides from a point source into navigable waters for the prevention or control of the Zika virus. (Point source pollution is waste discharged from a distinct place, such as a pipe, channel, or tunnel.)

Applies the waiver of permit requirements to discharges from the application by an entity authorized under state or local law, such as a vector control district, of a pesticide in compliance with all relevant requirements of the Federal Insecticide, Fungicide, and Rodenticide Act to control mosquitos or mosquito larvae for the prevention or control of the Zika virus.

DIVISION D--RESCISSIONS OF FUNDS

(Sec. 101) Rescinds specified unobligated balances of funds that were provided for:

• the Patient Protection and Affordable Care Act,
• the Department of Health and Human Service's Non-Recurring Expenses Fund, and
• the Economic Support Fund for Ebola response and preparedness.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov