[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5243 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 5243
Making appropriations for the fiscal year ending September 30, 2016, to
strengthen public health activities in response to the Zika virus, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 16, 2016
Mr. Rogers of Kentucky introduced the following bill; which was
referred to the Committee on Appropriations, and in addition to the
Committee on the Budget, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
Making appropriations for the fiscal year ending September 30, 2016, to
strengthen public health activities in response to the Zika virus, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following
sums are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2016, and for
other purposes, namely:
TITLE I
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
(including transfer of funds)
For an additional amount for ``CDC-Wide Activities and Program
Support'', $170,000,000, which shall become available upon enactment of
this Act and remain available until September 30, 2016, to prevent,
prepare for, and respond to Zika virus, domestically and
internationally: Provided, That products purchased with such 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 such
funds may be used for purchase and insurance of official motor vehicles
in foreign countries: Provided further, That the provisions of 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 (``CDC'') to be appropriate: Provided further,
That funds appropriated in this paragraph may be transferred by the
Director of CDC to other accounts of the CDC for the purposes provided
in this paragraph: Provided further, That of the funds appropriated
under this heading, up to $50,000,000 may be transferred to, and merged
with, funds appropriated under the heading ``Health Resources and
Services Administration--Maternal and Child Health'' for an additional
amount for the Maternal and Child Health Services Block Grant Program
only for the following activities related to patient care associated
with the Zika virus: prenatal care, delivery care, postpartum care,
newborn health assessments, and care for infants with special health
care needs: Provided further, That such transfer authority is in
addition to any other transfer authority provided by law: Provided
further, That such transferred funds may be awarded notwithstanding
section 502 of the Social Security Act: Provided further, That such
transferred funds may be awarded for special projects of regional and
national significance to States, Puerto Rico, other Territories, Indian
Tribes, Tribal Organizations and Urban Indian Organizations authorized
under title V of such Act: Provided further, That no funding provided
by a grant from funds in the fifth proviso may be used to make a grant
to any other organization or individual.
National Institutes of Health
national institute of allergy and infectious diseases
(including transfer of funds)
For an additional amount for ``National Institute of Allergy and
Infectious Diseases'', $230,000,000, which shall become available upon
enactment of this Act and remain available until September 30, 2016,
for preclinical and clinical development of vaccines for the Zika
virus: 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 transfer authority is in addition to any other transfer authority
provided by law: 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, except that such amount shall be available only if the
President subsequently so designates such amount and transmits such
designation to the Congress.
Office of the Secretary
public health and social services emergency fund
(including transfer of funds)
For an additional amount for ``Public Health and Social Services
Emergency Fund'', $103,000,000, which shall become available upon
enactment of this Act and remain available until September 30, 2016, to
develop necessary countermeasures and vaccines, including the
development and purchase of vaccines, therapeutics, diagnostics,
necessary medical supplies, and administrative activities to respond to
Zika virus, domestically and internationally: 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 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, except that
such amount shall be available only if the President subsequently so
designates such amount and transmits such designation to the Congress.
GENERAL PROVISIONS--THIS TITLE
notification requirement
Sec. 101. Funds appropriated by this title shall only be available
for obligation if the Secretary of Health and Human Services notifies
the Committees on Appropriations in writing at least 15 days in advance
of such obligation: Provided, That the requirement of this section may
be waived if failure to do so would pose a substantial risk to human
health or welfare: Provided further, That in case of any such waiver,
notification to such Committees shall be provided as early as
practicable, but in no event later than 3 days after taking the action
to which such notification requirement was applicable: Provided
further, That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
reporting requirement
Sec. 102. Not later than 30 days after enactment of this Act the
Secretary of Health and Human Services shall submit to the Committees
on Appropriations a consolidated report on the proposed uses of funds
appropriated by this title for which the obligation of funds is
anticipated: Provided, That such report shall be updated and submitted
to such Committees every 30 days until all funds have been fully
expended.
oversight
Sec. 103. Of the funds appropriated by this title under the
heading ``Centers for Disease Control and Prevention'', up to--
(1) $500,000 shall be transferred to, and merged with,
funds available under the heading ``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 the title: Provided, That the Secretary of
Health and Human Services shall consult with the Committees on
Appropriations prior to obligating such funds.
TITLE II
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for ``Diplomatic and Consular Programs'',
$9,100,000, which shall become available upon enactment of this Act and
remain available until September 30, 2016, for necessary expenses to
support the cost of medical evacuations and other response efforts
related to the Zika virus and health conditions directly associated
with the Zika virus: 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, except that such amount shall be available only if the
President subsequently so designates such amount and transmits such
designation to the Congress.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $10,000,000,
which shall become available upon enactment of this Act and remain
available until September 30, 2016, for necessary expenses to support
response efforts related to the Zika virus and health conditions
directly associated with the Zika virus: 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, except that such amount shall be available only if
the President subsequently so designates such amount and transmits such
designation to the Congress.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health programs
For an additional amount for ``Global Health Programs'',
$100,000,000, which shall become available upon enactment of this Act
and remain available until September 30, 2016, for vector control
activities to prevent, prepare for, and respond to the Zika virus
internationally.
GENERAL PROVISIONS--THIS TITLE
transfer authorities
(including transfer of funds)
Sec. 201. (a) Of the funds appropriated by this title under the
heading ``Diplomatic and Consular Programs'', up to--
(1) $1,350,000 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; and
(2) $1,000,000 may be transferred to, and merged with,
funds available under the heading ``Emergencies in the
Diplomatic and Consular Service''.
(b) The transfer authorities provided by this section are in
addition to any other transfer authority provided by law.
(c) Any amount transferred pursuant to this section 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, except that such amount shall be available only if the
President subsequently so designates such amount and transmits such
designation to Congress.
(d) 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
appropriation.
notification requirement
Sec. 202. 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: Provided, That the requirement of this
section may be waived if failure to do so would pose a substantial risk
to human health or welfare: Provided further, That in case of any such
waiver, notification to such Committees shall be provided as early as
practicable, but in no event later than 3 days after taking the action
to which such notification requirement was applicable: Provided
further, That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
reporting requirement
Sec. 203. Not later than 30 days after enactment of this Act the
Secretary of State, in consultation with the Administrator of the
United States Agency for International Development, shall submit to the
Committees on Appropriations a consolidated report on the proposed uses
of funds appropriated by this title for which the obligation of funds
is anticipated: Provided, That such report shall be updated and
submitted to such Committees every 30 days until all funds have been
fully expended.
oversight
Sec. 204. Of the funds appropriated by this title under the
heading ``Global Health Programs'', 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 shall consult with the
Committees on Appropriations prior to obligating such funds.
TITLE III
GENERAL PROVISIONS--THIS ACT
(including rescissions of funds)
Sec. 301. (a) Of the unobligated balances of amounts appropriated
under title VI of the Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2015 (division
G of Public Law 113-235) and title IX of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235), $352,100,000 are rescinded:
Provided, That after consultation with the Secretary of State and the
Secretary of Health and Human Services, the Director of the Office of
Management and Budget (OMB Director) shall determine the accounts and
amounts from which the rescission is to be derived and apply the
rescission made pursuant to this subsection: Provided further, That not
later than 30 days after enactment of this Act, the OMB Director shall
transmit a report to the Committees on Appropriations detailing the
amounts rescinded pursuant to this section by agency, account, program,
project, and activity.
(b) Of the unobligated balances available in the Nonrecurring
expenses fund established in section 223 of division G of Public Law
110-161 (42 U.S.C. 3514a) from any fiscal year, including amounts
transferred to the Nonrecurring expenses fund under that section
before, on, or after the date of enactment of this Act, $270,000,000
are rescinded.
Sec. 302. Unless otherwise provided for by this Act, the
additional amounts appropriated pursuant to this Act for fiscal year
2016 are subject to the requirements for funds contained in the
Consolidated Appropriations Act, 2016 (Public Law 114-113).
This Act may be cited as the ``Zika Response Appropriations Act,
2016''.
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