Sec. 512. ### (a) In General
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## SEC. 512 ###
(a)In General None of the funds appropriated or otherwise made available to the Department of Defense in this Act may be used to construct, renovate, or expand any facility in the United States, its territories, or possessions to house any individual detained at United States Naval Station, Guantánamo Bay, Cuba, for the purposes of detention or imprisonment in the custody or under the control of the Department of Defense. ###
(b)The prohibition in subsection
(a)shall not apply to any modification of facilities at United States Naval Station, Guantánamo Bay, Cuba. ###
(c)An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantánamo Bay, Cuba, and who— ####
(1)is not a citizen of the United States or a member of the Armed Forces of the United States; and ####
(2)is— #####
(A)in the custody or under the effective control of the Department of Defense; or #####
(B)otherwise under detention at United States Naval Station, Guantánamo Bay, Cuba. This division may be cited as the “Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017”. ### Division B ZIKA RESPONSE AND PREPAREDNESS # Title I DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR DISEASE CONTROL AND PREVENTIONCDC-WIDE ACTIVITIES AND PROGRAM SUPPORTFor an additional amount for fiscal year 2016 for "CDC-Wide Activities and Program Support", $394,000,000, to remain available until September 30, 2017, to prevent, prepare for, and respond to Zika virus, health conditions related to such virus, and other vector-borne diseases, domestically and internationally: * Provided*, That products purchased with these funds may, at the discretion of the Secretary of Health and Human Services, be deposited in the Strategic National Stockpile under section 319F-2 of the Public Health Service ("PHS") Act: * Provided further*, That funds may be used for purchase and insurance of official motor vehicles in foreign countries: * Provided further*, That the provisions in section 317S of the PHS Act shall apply to the use of funds appropriated in this paragraph as determined by the Director of the Centers for Disease Control and Prevention to be appropriate: * Provided further*, That funds appropriated in this paragraph may be used for grants for the construction, alteration, or renovation of non-federally owned facilities to improve preparedness and response capability at State and local laboratories: * Provided further*, That of the amount appropriated in this paragraph, $44,000,000 is included to supplement either fiscal year 2016 or fiscal year 2017 funds for the Public Health Emergency Preparedness cooperative agreement program to restore fiscal year 2016 funds that were reprogrammed for Zika virus response prior to the enactment of this Act: * Provided further*, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. NATIONAL INSTITUTES OF HEALTHNATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES (INCLUDING TRANSFER OF FUNDS)For an additional amount for fiscal year 2016 for "National Institute of Allergy and Infectious Diseases", $152,000,000, to remain available until September 30, 2017, for research on the virology, natural history, and pathogenesis of the Zika virus infection and preclinical and clinical development of vaccines and other medical countermeasures for the Zika virus and other vector-borne diseases, domestically and internationally: * Provided*, That such funds may be transferred by the Director of the National Institutes of Health ("NIH") to other accounts of the NIH for the purposes provided in this paragraph: * Provided further*, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. OFFICE OF THE SECRETARYPUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND (INCLUDING TRANSFER OF FUNDS)For an additional amount for fiscal year 2016 for "Public Health and Social Services Emergency Fund", $387,000,000, to remain available until September 30, 2017, to prevent, prepare for, and respond to Zika virus, health conditions related to such virus, and other vector-borne diseases, domestically and internationally; to develop necessary countermeasures and vaccines, including the development and purchase of vaccines, therapeutics, diagnostics, necessary medical supplies, and administrative activities; for carrying out section 501 of the Social Security Act; and for carrying out sections 330 through 336 and 338 of the PHS Act: * Provided*, That funds appropriated in this paragraph may be used to procure security countermeasures (as defined in section 319F-2(c)(1)(B) of the PHS Act): * Provided further*, That paragraphs
(1)and (7)(C) of subsection
(c)of section 319F-2 of the PHS Act, but no other provisions of such section, shall apply to such security countermeasures procured with funds appropriated in this paragraph: * Provided further*, That products purchased with funds appropriated in this paragraph may, at the discretion of the Secretary of Health and Human Services, be deposited in the Strategic National Stockpile under section 319F-2 of the PHS Act: * Provided further*, That funds appropriated in this paragraph may be transferred to the fund authorized by section 319F-4 of the PHS Act: * Provided further*, That of the funds appropriated under this heading, $75,000,000, in addition to the purposes specified above, shall also be available for necessary expenses for support to States, territories, tribes, or tribal organizations with active or local transmission cases of the Zika virus, as confirmed by the Centers for Disease Control and Prevention, to reimburse the costs of health care for health conditions related to the Zika virus, other than costs that are covered by private health insurance, of which not less than $60,000,000 shall be for territories with the highest rates of Zika transmission: * Provided further*, That of the funds appropriated under this heading, $20,000,000 shall be awarded, notwithstanding section 502 of the Social Security Act, for projects of regional and national significance in Puerto Rico and other territories authorized under section 501 of the Social Security Act: * Provided further*, That of the funds appropriated under this heading, $40,000,000 shall be used to expand the delivery of primary health services authorized by section 330 of the PHS Act in Puerto Rico and other territories: * Provided further*, That of the funds appropriated under this heading, $6,000,000 shall, for purposes of providing primary health services in areas affected by Zika virus or other vector-borne diseases, be used to assign National Health Service Corps ("NHSC") members to Puerto Rico and other territories, notwithstanding the assignment priorities and limitations in or under sections 333(a)(1)(D), 333(b), or 333A(a) of the PHS Act, and to make NHSC Loan Repayment Program awards under section 338B of such Act: * Provided further*, That for purposes of the previous proviso, section 331(a)(3)(D) of the PHS Act shall be applied as if the term "primary health services" included health services regarding pediatric subspecialists: * Provided further*, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. GENERAL PROVISIONS—THIS TITLE(INCLUDING TRANSFER OF FUNDS) DIRECT HIRES101.Funds appropriated by this title may be used by the heads of the Department of Health and Human Services, Department of State, and the United States Agency for International Development to appoint, without regard to the provisions of sections 3309 through 3319 of title 5 of the United States Code, candidates needed for positions to perform critical work relating to Zika response for which—(1)public notice has been given; and(2)the Secretary of Health and Human Services has determined that such a public health threat exists. TRANSFER AUTHORITIES102.Funds appropriated by this title may be transferred to, and merged with, other appropriation accounts under the headings "Centers for Disease Control and Prevention", "Public Health and Social Services Emergency Fund", and "National Institutes of Health" for the purposes specified in this title following consultation with the Office of Management and Budget: * Provided*, That the Committees on Appropriations shall be notified 10 days in advance of any such transfer: * Provided further*, That, upon a determination that all or part of the funds transferred from an appropriation are not necessary, such amounts may be transferred back to that appropriation: * Provided further*, That none of the funds made available by this title may be transferred pursuant to the authority in section 205 of division H of Public Law 114-113 or section 241(a) of the PHS Act. REPORTING REQUIREMENTS103.Not later than 30 days after enactment of this Act, the Secretary of Health and Human Services shall provide a detailed spend plan of anticipated uses of funds made available in this title, including estimated personnel and administrative costs, to the Committees on Appropriations: * Provided*, That such plans shall be updated and submitted to the Committees on Appropriations every 60 days until September 30, 2017. OVERSIGHT104.Of the funds appropriated by this title under the heading "Public Health and Social Services Emergency Fund", up to—(1)$500,000 shall be transferred to, and merged with, funds made available under the heading "Office of the Secretary, Office of Inspector General", and shall remain available until expended, for oversight of activities supported with funds appropriated by this title: * Provided*, That the Secretary of Health and Human Services shall consult with the Committees on Appropriations prior to obligating such funds: * Provided further*, That the transfer authority provided by this paragraph is in addition to any other transfer authority provided by law; and(2)$500,000 shall be made available to the Comptroller General of the United States, and shall remain available until expended, for oversight of activities supported with funds appropriated by this title: * Provided*, That the Comptroller General shall consult with the Committees on Appropriations prior to obligating such funds. # Title II DEPARTMENT OF STATE ADMINISTRATION OF FOREIGN AFFAIRSDIPLOMATIC AND CONSULAR PROGRAMS (INCLUDING TRANSFER OF FUNDS)For an additional amount for fiscal year 2016 for "Diplomatic and Consular Programs", $14,594,000, to remain available until September 30, 2017, for necessary expenses to support response efforts related to the Zika virus, health conditions related to such virus, and other vector-borne diseases: * Provided*, That such funds may be made available for medical evacuation costs of any other department or agency of the United States under Chief of Mission authority, and may be transferred to any other appropriation of such department or agency for such costs: * Provided further*, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICEFor an additional amount for fiscal year 2016 for "Emergencies in the Diplomatic and Consular Service", $4,000,000 for necessary expenses to support response efforts related to the Zika virus, health conditions related to such virus, and other vector-borne diseases, to remain available until September 30, 2017: * Provided*, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. REPATRIATION LOANS PROGRAM ACCOUNTFor an additional amount for fiscal year 2016 for "Repatriation Loans Program Account" for the cost of direct loans, $1,000,000, to support response efforts related to the Zika virus, health conditions related to such virus, and other vector-borne diseases, to remain available until September 30, 2017: * Provided*, That such costs, including costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: * Provided further*, That such funds are available to subsidize an additional amount of gross obligations for the principal amount of direct loans not to exceed $1,880,406: * Provided further*, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENTFUNDS APPROPRIATED TO THE PRESIDENT OPERATING EXPENSESFor an additional amount for fiscal year 2016 for "Operating Expenses", $10,000,000, to remain available until September 30, 2017, for necessary expenses to support response efforts related to the Zika virus, health conditions related to such virus, and other vector-borne diseases: * Provided*, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. BILATERAL ECONOMIC ASSISTANCEFUNDS APPROPRIATED TO THE PRESIDENT GLOBAL HEALTH PROGRAMSFor an additional amount for fiscal year 2016 for "Global Health Programs", $145,500,000, to remain available until September 30, 2017, for necessary expenses to prevent, prepare for, and respond to the Zika virus, health conditions related to such virus, and other vector-borne diseases: * Provided*, That funds appropriated under this heading shall be made available for vector control activities, vaccines, diagnostics, and vector control technologies: * Provided further*, That funds appropriated under this heading may be made available as contributions to the World Health Organization, the United Nations Children’s Fund, the Pan American Health Organization, the International Atomic Energy Agency, and the Food and Agriculture Organization: * Provided further*, That funds made available under this heading shall be subject to prior consultation with the Committees on Appropriations: * Provided further*, That none of the funds appropriated under this heading may be made available for the Grand Challenges for Development program: * Provided further*, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. GENERAL PROVISIONS—THIS TITLETRANSFER AUTHORITIES (INCLUDING TRANSFER OF FUNDS)201.(a)Funds appropriated by this title under the headings "Diplomatic and Consular Programs", "Emergencies in the Diplomatic and Consular Service", "Repatriation Loans Program Account", and "Operating Expenses" may be transferred to, and merged with, funds appropriated by this title under such headings to carry out the purposes of this title.(b)The transfer authorities provided by this section are in addition to any other transfer authority provided by law.(c)Upon a determination that all or part of the funds transferred pursuant to the authorities provided by this section are not necessary for such purposes, such amounts may be transferred back to such appropriations.(d)No funds shall be transferred pursuant to this section unless at least 5 days prior to making such transfer the Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, notifies the Committees on Appropriations in writing of the details of any such transfer. NOTIFICATION REQUIREMENT202.Funds appropriated by this title shall only be available for obligation if the Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, notifies the Committees on Appropriations in writing at least 15 days in advance of such obligation. CONSOLIDATED REPORTING REQUIREMENT203.Not later than 30 days after enactment of this Act and prior to the initial obligation of funds made available by this title, the Secretary of State and the Administrator of the United States Agency for International Development shall submit a consolidated report to the Committees on Appropriations on the anticipated uses of such funds on a country and project basis, including estimated personnel and administrative costs: * Provided*, That such report shall be updated and submitted to the Committees on Appropriations every 60 days until September 30, 2017. OVERSIGHT204.Of the funds appropriated by this title, up to—(1)$500,000 shall be transferred to, and merged with, funds available under the heading "United States Agency for International Development, Funds Appropriated to the President, Office of Inspector General", and shall remain available until expended, for oversight of activities supported with funds appropriated by this title: * Provided*, That the transfer authority provided by this paragraph is in addition to any other transfer authority provided by law; and(2)$500,000 shall be made available to the Comptroller General of the United States, and shall remain available until expended, for oversight of activities supported with funds appropriated by this title: * Provided*, That the Secretary of State and the Comptroller General, as appropriate, shall consult with the Committees on Appropriations prior to obligating such funds. # Title III GENERAL PROVISIONS—THIS DIVISION EXTENSION OF AUTHORITIES AND PROVISIONS301.Unless otherwise provided for by this division, the additional amounts appropriated pursuant to this division are subject to the requirements for funds contained in the Consolidated Appropriations Act, 2016 (Public Law 114-113). PERSONAL SERVICE CONTRACTORS302.Funds made available by this division may be used to enter into contracts with individuals for the provision of personal services (as described in section 104 of part 37 of title 48, Code of Federal Regulations (48 CFR 37.104)) to support the purposes of titles I and II of this division, within the United States and abroad, subject to prior consultation with, and the notification procedures of, the Committees on Appropriations: * Provided*, That such individuals may not be deemed employees of the United States for the purpose of any law administered by the Office of Personnel Management: * Provided further*, That the authority made available pursuant to this section shall expire on September 30, 2017. DESIGNATION RETENTION303.Any amount appropriated by this division, designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 and subsequently so designated by the President, and transferred pursuant to transfer authorities provided by this division shall retain such designation. EFFECTIVE DATE304.This division shall become effective immediately upon enactment of this Act.This division may be cited as the "Zika Response and Preparedness Appropriations Act, 2016". ### Division C CONTINUING APPROPRIATIONS ACT, 2017 The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year 2017, and for other purposes, namely:
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