[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5958 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5958

   Making supplemental appropriations for fiscal year 2016 for Zika 
                       response and preparedness.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2016

 Mr. Clawson of Florida (for himself, Mr. Jolly, Mrs. Kirkpatrick, and 
    Ms. Wilson of Florida) 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 supplemental appropriations for fiscal year 2016 for Zika 
                       response and preparedness.

    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

              Health Resources and Services Administration

                          primary health care

    For an additional amount for fiscal year 2016 for ``Primary Health 
Care'', $40,000,000 to remain available until September 30, 2017, to 
prevent, prepare for, and respond to Zika virus, other vector-borne 
diseases, and related health outcomes, domestically and 
internationally:  Provided, That funds appropriated in this paragraph 
shall be used to expand the delivery of primary health services 
authorized by section 330 of the Public Health Service (``PHS'') Act in 
Puerto Rico and other territories:  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.

                            health workforce

    For an additional amount for fiscal year 2016 for ``Health 
Workforce'', $6,000,000 to remain available until September 30, 2017, 
to prevent, prepare for, and respond to Zika virus, other vector-borne 
diseases, and related health outcomes, domestically and 
internationally:  Provided, That funds appropriated in this paragraph 
may, 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.

                       maternal and child health

    For an additional amount for fiscal year 2016 for ``Maternal and 
Child Health'', $5,000,000 to remain available until September 30, 
2017, to prevent, prepare for, and respond to Zika virus, other vector-
borne diseases, and related health outcomes, domestically and 
internationally:  Provided, That funds appropriated in this paragraph 
may be awarded for projects of regional and national significance in 
Puerto Rico and other Territories authorized under section 501 of the 
Social Security Act, notwithstanding section 502 of such 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.

               Centers for Disease Control and Prevention

                cdc-wide activities and program support

    For an additional amount for fiscal year 2016 for ``CDC-Wide 
Activities and Program Support'', $449,000,000, to remain available 
until September 30, 2017, to prevent, prepare for, and respond to Zika 
virus, other vector-borne diseases, and related health outcomes, 
domestically and internationally; and to carry out titles II, III, and 
XVII of the PHS Act with respect to domestic preparedness and global 
health:  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 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 not 
apply to the use of funds appropriated in this paragraph:  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 the 
State and local level:  Provided further, That of the amount 
appropriated in this paragraph, $88,000,000 may be used to reimburse 
accounts administered by the Centers for Disease Control and Prevention 
for obligations incurred 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 Health

         national institute of allergy and infectious diseases

    For an additional amount for fiscal year 2016 for ``National 
Institute of Allergy and Infectious Diseases'', $200,000,000, to remain 
available until September 30, 2017, to prevent, prepare for, and 
respond to Zika virus, other vector-borne diseases, and related health 
outcomes, domestically and internationally, including expenses related 
to carrying out section 301 and title IV of the PHS Act:  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.

                        Office of the Secretary

            public 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'', $150,000,000, to remain available 
until September 30, 2017, to prevent, prepare for, and respond to Zika 
virus, other vector-borne diseases, and related health outcomes, 
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 titles II, III, and XVII of 
the PHS Act with respect to domestic preparedness and global health; 
and for additional payments for distribution as provided for under the 
``Social Services Block Grant Program'':  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, 
as amended by this 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 countermeasures 
related to the Zika virus procured with funds appropriated in this 
paragraph shall be deemed to be security countermeasures as defined in 
section 319F-2(c)(1) of the PHS Act, and paragraph (7)(C), but no other 
provision, of such section 319F-2(c) shall apply to procurements of 
such countermeasures:  Provided further, That $75,000,000 shall be 
transferred to ``Social Services Block Grant'' for health services, 
notwithstanding section 2005(a)(4) of the Social Security Act, in 
territories with active or local transmission cases of the Zika virus, 
as confirmed by the Centers for Disease Control and Prevention:  
Provided further, That the Secretary of Health and Human Services shall 
distribute funds transferred to the ``Social Services Block Grant'' in 
this paragraph to such territories in accordance with objective 
criteria that are made available to the public:  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)

    Sec. 501.  For purposes of preventing, preparing for, and 
responding to Zika virus, other vector-borne diseases, and related 
health outcomes domestically and internationally, the Secretary of 
Health and Human Services may use funds provided in this title to 
acquire, lease, construct, alter, renovate, equip, furnish, or manage 
facilities outside of the United States, as necessary to conduct such 
programs, in consultation with the Secretary of State, either directly 
for the use of the United States Government or for the use, pursuant to 
grants, direct assistance, or cooperative agreements, of public or 
nonprofit private institutions or agencies in participating foreign 
countries.
    Sec. 502.  Funds appropriated by this title may be used by the 
heads of the Department of Health and Human Services, Department of 
State, and the 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.
    Sec. 503.  Funds appropriated in 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'', ``Health Resources and Services 
Administration'', 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 206 of division G of 
Public Law 113-235 or section 241(a) of the PHS Act.
    Sec. 504.  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 Committee on Appropriations of the Senate 
every 90 days until September 30, 2017, and every 180 days thereafter 
until all funds have been fully expended.

                                TITLE II

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    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 and related health outcomes, other vector-borne 
diseases, or other infectious diseases:  Provided, That up to 
$4,000,000 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:  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 service

    For 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 and 
related health outcomes, other vector-borne diseases, or other 
infectious diseases, to remain available until expended:  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 account

    For 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 and related health 
outcomes, other vector-borne diseases, or other infectious diseases, to 
remain available until expended:  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 Development

                  funds appropriated to the president

                           operating expenses

    For 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 and related health outcomes, other vector-borne diseases, or 
other infectious 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 Assistance

                  funds appropriated to the president

                         global health programs

    For an additional amount for fiscal year 2016 for ``Global Health 
Programs'', $211,000,000, to remain available until expended, for 
necessary expenses for assistance or research to prevent, treat, or 
otherwise respond to the Zika virus and related health outcomes, other 
vector-borne diseases, or other infectious diseases:  Provided, That 
such funds may be made available for multi-year funding commitments to 
incentivize the development of global health technologies, following 
consultation with the Committees on Appropriations:  Provided further, 
That none of the funds appropriated in this title 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.

                   International Security Assistance

                          department of state

    nonproliferation, anti-terrorism, demining and related programs

    For an additional amount for fiscal year 2016 for 
``Nonproliferation, Anti-terrorism, Demining and Related Programs'', 
$4,000,000, to remain available until September 30, 2017, for necessary 
expenses to support response and research efforts related to the Zika 
virus and related health outcomes, other vector-borne diseases, or 
other infectious 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.

                        Multilateral Assistance

                  funds appropriated to the president

                international organizations and programs

    For an additional amount for fiscal year 2016 for ``International 
Organizations and Programs'', $13,500,000, to remain available until 
September 30, 2017 for necessary expenses to support response and 
research efforts related to the Zika virus and related health outcomes, 
other vector-borne diseases, or other infectious diseases:  Provided, 
That section 307(a) of the Foreign Assistance Act of 1961 shall not 
apply to funds appropriated under this heading:  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)

    Sec. 505. (a) Funds appropriated by this title under the headings 
``Global Health Programs'', ``Nonproliferation, Anti-terrorism, 
Demining and Related Programs'', ``International Organizations and 
Programs'', 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) Funds appropriated by this title under the headings 
``Diplomatic and Consular Programs'', ``Emergencies in the Diplomatic 
and Consular Service'', and ``Repatriation Loans Program Account'' may 
be transferred to, and merged with, funds appropriated by this title 
under such headings to carry out the purposes of this title.
    (c) The transfer authorities provided by this section are in 
addition to any other transfer authority provided by law.
    (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 
appropriations.
    (e) No funds shall be transferred pursuant to this section unless 
at least 15 days prior to making such transfer the Secretary of State 
or the Administrator of the United States Agency for International 
Development (USAID), as appropriate, notifies the Committees on 
Appropriations in writing of the details of any such transfer.

                        notification requirement

    Sec. 506.  Funds appropriated by this title that are made available 
to respond to the Zika virus outbreak, other vector-borne diseases, or 
other infectious diseases shall not be available for obligation unless 
the Secretary of State or the USAID Administrator, as appropriate, 
notifies the Committees on Appropriations in writing at least 15 days 
in advance of such obligation.

                         spend plan requirement

    Sec. 507.  Not later than 45 days after enactment of this Act and 
prior to the obligation of funds made available by this title to 
respond to the Zika virus outbreak, other vector-borne diseases, or 
other infectious diseases, the Secretary of State and the USAID 
Administrator, as appropriate, shall submit spend plans to the 
Committees on Appropriations on the anticipated uses of funds on a 
country and project basis, including estimated personnel and 
administrative costs:  Provided, That such plans shall be updated and 
submitted to the Committee on Appropriations every 90 days until 
September 30, 2017, and every 180 days thereafter until all funds have 
been fully expended.

                     comptroller general oversight

    Sec. 508.  Of the funds appropriated by this title, up to $500,000 
shall be made available to the Comptroller General of the United 
States, to remain available until expended, for oversight of activities 
supported pursuant to this title with funds appropriated by this title: 
 Provided, That the Secretary of State and USAID Administrator, as 
appropriate, and the Comptroller General shall consult with the 
Committees on Appropriations prior to obligating such funds.

                               rescission

    Sec. 509.  Of the unobligated balances available under the heading 
``Operating Expenses'' in title IX of the Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2015 (division J 
of Public Law 113-235), $10,000,000 are rescinded:  Provided, That such 
amounts are 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.

                               TITLE III

                      GENERAL PROVISIONS--THIS ACT

                extension of authorities and provisions

    Sec. 510.  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).

                      personal service contractors

    Sec. 511.  Funds made available by this Act to support response 
efforts related to the Zika virus and related health outcomes, other 
vector-borne diseases, or other infectious diseases 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)), 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.

                        designation requirement

    Sec. 512.  Each amount designated in this Act 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 shall be 
available (or rescinded, if applicable) only if the President 
subsequently so designates all such amounts and transmits such 
designations to the Congress.

                             effective date

    Sec. 513.  This Act shall become effective immediately upon 
enactment.
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