[Congressional Record Volume 162, Number 62 (Thursday, April 21, 2016)]
[Senate]
[Pages S2389-S2393]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. REED (for himself and Mrs. Capito):
S. 2835. A bill to amend the National Dam Safety Program Act to
establish a program to provide grant assistance for the rehabilitation
and repair of high hazard potential dams, and for other purposes; to
the Committee on Environment and Public Works.
Mr. REED. Mr. President, I am pleased to be introducing, along with
Senator Capito, the High Hazard Potential Small Dam Safety Act. This
legislation seeks to provide grant assistance for the rehabilitation
and repair of non-Federal high hazard potential dams.
High hazard potential dams are those dams where failure is probable
to cause loss of human life and endanger population centers and
ecosystems, especially in periods of extreme weather and flooding.
According to the Association of State Dam Safety Officials, ASDSO, the
number of high-hazard potential dams increased nationally from 9,281 in
1998 to more than 14,700 in 2013. In testimony before the Senate
Committee on Environment and Public Works, on February 10, 2016, the
president of the American Society of Civil Engineers, ASCE, Norma Jean
Mattei, indicated that the average age of dams in the United States is
52 years, and she called for a dam rehabilitation program to address
this growing problem. In Rhode Island, we have dozens of high hazard
potential dams in need of rehabilitation, many of which date back to
the nineteenth century.
Currently, there is no Federal program to assist states with the
repair or removal of non-agricultural, non-hydroelectric, non-Federal
high hazard potential small dams. Such a program does exist to address
dams built by the Department of Agriculture, but this leaves many dams
vulnerable and some states without the ability to address the risks
posed by small dams whose failure would likely result in the loss of
human life.
The bill Senator Capito and I are introducing today expands FEMA's
existing National Dam Safety Program to allow non-Federal entities to
apply for
[[Page S2390]]
matching grants for the repair and removal of non-Federal, non-
agricultural, non-hydroelectric small dams that have been identified by
a state dam safety agency as a high hazard potential. The program is
non-mandatory, allowing states to determine which, if any, dams they
would submit for assistance. The allocation of funds is based on a one-
third equal distribution and 2/3 need-based formula, with a 65-35
percent cost share, to ensure the participation of a wide number of
states. This legislation builds upon a bipartisan bill introduced in
the 110th Congress by our former colleague, Senator Akaka of Hawaii, of
which I was a cosponsor.
By assisting in the repair or removal of high hazard dams before they
fail, the bill makes an investment in future cost savings, not to
mention lives and property saved. Estimates show that one dollar of
pre-disaster mitigation spending can save between $3-$14 in post-
disaster spending.
This bipartisan bill, which is supported by the Association of State
Dam Safety Officials and the American Society of Civil Engineers, will
improve dam safety across the Nation. I look forward to working with
these and other stakeholders as well as Senator Capito and our
colleagues to pass the High Hazard Potential Small Dam Safety Act.
______
By Mr. CORNYN (for himself, Mr. Leahy, Mr. Grassley, Mr. Franken,
Mr. Hatch, Mr. Coons, Mrs. Feinstein, and Mr. Vitter):
S. 2840. A bill to amend the Omnibus Crime Control and Safe Streets
Act of 1968 to authorize COPS grantees to use grant funds for active
shooter training, and for other purposes; to the Committee on the
Judiciary.
Mr. CORNYN.. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2840
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Lives by
Initiating COPS Expansion Act of 2016'' or the ``POLICE Act
of 2016''.
SEC. 2. ADDITIONAL AUTHORIZED USE OF COPS FUNDS.
Section 1701(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended--
(1) in paragraph (16), by striking ``and'' at the end;
(2) by redesignating paragraph (17) as paragraph (18);
(3) by inserting after paragraph (16) the following:
``(17) to participate in nationally recognized active
shooter training programs that offer scenario-based,
integrated response courses designed to counter active
shooter threats or acts of terrorism against individuals or
facilities; and''; and
(4) in paragraph (18), as redesignated, by striking
``(16)'' and inserting ``(17)''.
______
By Mr. NELSON (for himself, Mr. Reid, Mr. Schumer, Ms. Hirono,
Ms. Warren, Mr. Franken, Mr. Durbin, Mrs. Feinstein, Mr.
Menendez, Mr. Reed, and Mrs. Gillibrand):
S. 2843. A bill to provide emergency supplemental appropriations to
address the Zika crisis; to the Committee on Appropriations.
Mr. NELSON. Mr. President, I rise to announce that Senator Reid of
Nevada and I will be introducing legislation that is the President's
emergency funding request to respond to the Zika virus. I have been on
the floor many times talking about the ravages of the Zika virus. It is
up to 91 cases in my State of Florida. Fortunately, none of them
originated in the State. It is all because of a mosquito bite or some
other means of transmission, such as sexual contact, that has been done
outside of Florida. That is particularly true in the warmer climates of
the Caribbean, Central America, and Latin America.
We know the devastating consequences of someone getting this virus--
not as a virus, because it has the effects of a mild flu, but if a
mosquito infects a pregnant woman, the researchers understand that if
it is any time during the 9 months of the pregnancy, it has the
disastrous consequences of severe deformities. What is the result of
that? The result is not only trauma to the family involved, enormous
tragedy, but look at what the social cost is going to be.
The World Health Organization declares this a public health emergency
of international concern. The last time the World Health Organization
declared such an emergency was for Ebola.
Last week our CDC announced that it is ``scarier than they had
initially thought'' and that it could be linked to other birth defects,
not just the shrunken head and brain that is so horrendous to see
pictures of.
This isn't just in Florida; 800 Americans in 40 States and
territories have been infected. Of course, my State, with 91 cases, has
been hit the hardest, and it has spread across 15 counties. The three
most recent cases were in the Miami area, and in Florida it includes
five pregnant women.
Now we are going into the warmer summer months, and this is when the
mosquitos breed all the more. This particular mosquito carries the
dengue virus, which has its own drastic consequences.
This mosquito is all over Puerto Rico. There is an estimate that 20
percent of the population of Puerto Rico may eventually be infected. If
that is the case, you can wonder, out of that 20 percent of the
population, how many are pregnant women. In a territory of the United
States where American citizens reside, you can start to see the extreme
depravity and social cost that will result, all at the same time that
Puerto Rico is going through this tremendous financial crisis.
Yesterday I spoke at length to Senator Hatch, the chairman of the
Finance Committee. I believe he and his staff director are quite
sincere about trying to do something about the financial condition of
Puerto Rico, but now, on top of that, this additional plague is added.
At the end of the day, we have to do whatever we can to help Puerto
Rico in its financial crisis but now especially to help curb the spread
of this virus.
It is also in Haiti. It just so happens that we have a large Haitian
American population in Florida. It is particularly running rampant
throughout South America, including Brazil. Guess what is going to
happen this summer. The Olympics will be in Brazil, and people from all
over the world will be going.
It is time to address this problem head-on with the administration's
request for $1.9 billion in emergency funding. There are rumors that
the Appropriations Committee is looking at a figure of $1.1 billion by
stripping out the $250 million that would go through CMS because of the
Federal Medicaid assistance increase to support Puerto Rico's Medicaid
Program.
What have I just said? They are already in crisis, their Medicaid
funds have already been cut, and now we are not going to give this
assistance to a population where 20 percent is going to be infected?
The Appropriations Committee shouldn't cut out that $250 million.
There is also the rumor that the Appropriations Committee is going to
cut out some $589 million of the request that would go back to
replenish the Ebola crisis fund; that in order to meet the emergency,
the administration took that money--just under $600 million--over to
address the Zika crisis until we can get off our duffs here in Congress
and appropriate the emergency appropriations.
I hope the Appropriations Committee will think twice before they cut
out the money for Medicaid in Puerto Rico and replenishing the Ebola
fund. That crisis still goes on, but the success of our being able to
get on the Ebola crisis from 2 years ago is why we need to receive that
added source to stop it. Otherwise, the consequences will be that the
Ebola crisis will come back to the United States.
This is truly an emergency. I am calling on our colleagues to approve
the President's $1.9 billion emergency funding request now, in the
immediate future, not later. The cost of inaction would be great and
the consequences devastating. We don't want to have to say in the
future: I told you so.
I am introducing this legislation. More than likely, it will later be
considered possibly as a stand-alone bill but possibly also as an
amendment to one of these appropriations bills.
I urge our colleagues to support this $1.9 billion emergency
assistance request.
[[Page S2391]]
Mr. NELSON. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows.
S. 2843
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
Departments of Health and Human Services and the Department
of State, and related agencies 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'', $743,000,000, to remain available until
expended, to prevent, prepare for, and respond to Zika virus,
other vector-borne diseases, or other infectious diseases and
related health outcomes, domestically and internationally;
and to carry out titles II, III, and XVII of the Public
Health Service (referred to in this title as 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 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 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 funds appropriated in this paragraph may be
used for acquisition of real property (including long-term
ground leases) and equipment, and construction, demolition,
or renovation of facilities, including construction on leased
land: 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 such transfer authority is
in addition to any other transfer authority provided by law:
Provided further, That, upon a determination that all or part
of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may
be transferred back to this appropriation: Provided further,
That the amount appropriated in this paragraph is designated
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That such amount shall be available only if the President
designates such amount as an emergency requirement pursuant
to section 251(b)(2)(A).
Departmental Management
public health and social services emergency fund
(including transfer of funds)
For an additional amount for ``Public Health and Social
Services Emergency Fund'', $233,000,000, to remain available
until expended, to prevent, prepare for, and respond to Zika
virus, other vector-borne diseases, or other infectious
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 carrying out title III of the PHS
Act and title V of the Social Security Act to provide health
care and related services in areas affected by Zika virus:
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 funds appropriated in
this paragraph may be transferred to the fund authorized by
section 319F-4 of the PHS Act: Provided further, That funds
appropriated in this paragraph may, for purposes of providing
primary health services in areas affected by Zika virus,
other vector-borne diseases, or other infectious 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 funds 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 funds may be used for the alteration
or renovation of non-Federally owned facilities to improve
preparedness and response capability at the State and local
level: Provided further, That funds appropriated in this
paragraph may be transferred to other appropriations of the
Department of Health and Human Services, as determined by the
Secretary to be appropriate, to be used for the purposes
specified in this paragraph: Provided further, That any
transfers of these funds shall be made in consultation with
the Office of Management and Budget: Provided further, That
the transfer authority provided in this paragraph is in
addition to any other transfer authority provided by law:
Provided further, That, upon a determination that all or part
of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may
be transferred back to this appropriation: Provided further,
That the amount appropriated in this paragraph is designated
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That such amount shall be available only if the President
designates such amount as an emergency requirement pursuant
to section 251(b)(2)(A).
National Institutes of Health
national institute of allergy and infectious diseases
For an additional amount for ``National Institute of
Allergy and Infectious Diseases'', $277,000,000, to remain
available until expended, to prevent, prepare for, and
respond to Zika virus, other vector-borne diseases, or other
infectious 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 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, upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the
amount appropriated in this paragraph is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That such
amount shall be available only if the President designates
such amount as an emergency requirement pursuant to section
251(b)(2)(A).
Food and Drug Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$10,000,000, to remain available until expended, to prevent,
prepare for, and respond to Zika virus, other vector-borne
diseases, or other infectious diseases and related health
outcomes, domestically and internationally, and to develop
necessary medical countermeasures and vaccines, including the
review, regulation, and post market surveillance of vaccines
and therapies, and administrative activities: Provided, That
such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That such amount shall be available only
if the President designates such amount as an emergency
requirement pursuant to section 251(b)(2)(A).
general provisions--this act
(including transfer of funds)
Sec. 101. For purposes of preventing, preparing for, and
responding to Zika virus, other vector-borne diseases, or
other infectious diseases and related health outcomes
domestically and internationally, the Secretary of Health and
Human Services may use funds provided in this Act--
(1) 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; and
(2) 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: 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.
[[Page S2392]]
Sec. 102. Section 3304 of title 5, United States Code, is
amended by adding at the end the following:
``(g) The heads of the Department of Health and Human
Services, Department of State, and the Agency for
International Development may appoint, without regard to the
provisions of sections 3309 through 3319, candidates needed
for positions to perform critical work in direct response to
a public health threat requiring an immediate 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. 103. Funds appropriated by this title may be used to
reimburse accounts administered by the Department of Health
and Human Services for obligations incurred for Zika virus
response prior to the enactment of this Act.
transfer authority
Sec. 104. Funds appropriated to the Department of Health
and Human Services in this Act may be transferred to and
merged with other Federal accounts for purposes specified in
this Act following consultation with the Office of Management
and Budget: Provided, That such transfer authority shall be
in addition to any other transfer authority provided by law:
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.
Sec. 105. Section 319F-2(c)(1)(B) of the Public Health
Service Act (42 U.S.C. 247d-6b(c)(1)(B)) is amended--
(1) in clause (i)(III)(bb), by striking ``; or'' and
inserting a semicolon;
(2) in clause (ii), by striking the period and inserting
``; or''; and
(3) by adding the following new clause:
``(iii)(I) the Secretary determines to be a necessary
countermeasure to diagnose, mitigate, prevent, or treat harm
from any infectious disease that may pose a threat to the
public health; and
``(II)(aa) is approved or cleared under chapter V of the
Federal Food, Drug, and Cosmetic Act, or licensed under
section 351 of this Act; or
``(bb) is a countermeasure for which the Secretary
determines that sufficient and satisfactory clinical
experience or research data (including data, if available,
from pre-clinical and clinical trials) support a reasonable
conclusion that the countermeasure will qualify for approval
or licensing within 10 years after the date of a
determination under subclause (I).''.
Sec. 106. (a) In General.--
(1) For purposes of title XIX of the Social Security Act,
for the one year period beginning with the first day of the
first full fiscal quarter following enactment of this
section, the Federal medical assistance percentage (``FMAP'')
under section 1905(b) of such Act for the Territories
specified in paragraph (2) shall be raised from 55 percent to
65 percent. Any net increase in payment to such a territory
under section 1903(a) of such Act, which is attributable to
such raised FMAP, shall be disregarded in applying sections
1108(f) and 1108(g) of such Act to the territory.
(2) The Territories specified in this paragraph are the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, and the Northern Mariana
Islands.
(b) Availability of Appropriations for Implementing
Increased Fmap.--With respect to the amount needed for
purposes of implementing the raised FMAP under subsection (a)
for each of fiscal years 2016 and 2017, such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, and such
amount shall be available only if the President designates
such amount as an emergency requirement pursuant to section
251(b)(2)(A).
TITLE II
DEPARTMENT OF STATE AND OTHER INTERNATIONAL PROGRAMS
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount 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 $2,419,000 may be made available for
medical evacuation costs of any other Department or agency of
the United States under the 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) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That such amount shall be available only
if the President designates such amount as an emergency
requirement pursuant to section 251(b)(2)(A).
Administration of Foreign Affairs
emergencies in the diplomatic and consular service
For an additional amount for ``Emergencies in the
Diplomatic and Consular Services'', $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) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That such
amount shall be available only if the President designates
such amount as an emergency requirement pursuant to section
251(b)(2)(A).
Administration of Foreign Affairs
repatriation loans program account
For an additional amount for ``Repatriation Loans Program
Account'' for the cost of direct loans, $1,000,000, to
support the 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 the cost 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) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That such amount shall be available only if the
President designates such amount as an emergency requirement
pursuant to section 251(b)(2)(A).
Other
global health programs
For an additional amount for ``Global Health Programs'',
$325,000,000, 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 funds appropriated under
this heading may be made available for multi-year funding
commitments to incentivize the development of global health
technologies: Provided further, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That such amount shall be available only if the
President designates such amount as an emergency requirement
pursuant to section 251(b)(2)(A).
INTERNATIONAL ASSISTANCE PROGRAMS
International Security Assistance
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $8,000,000, 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) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That such amount shall be
available only if the President designates such amount as an
emergency requirement pursuant to section 251(b)(2)(A).
Multilateral Assistance
international organizations and programs
For an additional amount 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 such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided
further, That such amount shall be available only if the
President designates such amount as an emergency requirement
pursuant to section 251(b)(2)(A).
Agency for International Development
operating expenses
For an additional amount 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) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That such amount shall be available only
if the President designates such amount as an emergency
requirement pursuant to section 251(b)(2)(A).
GENERAL PROVISIONS--DEPARTMENT OF STATE AND OTHER INTERNATIONAL
PROGRAMS
use of ebola balances for other infectious diseases
Sec. 201. Unobligated balances of amounts appropriated
under title IX of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235) shall also be available
for necessary expenses for operations, assistance, or
research to prevent,
[[Page S2393]]
treat, or otherwise respond to the Zika virus and related
health outcomes, other vector-borne diseases, or other
infectious diseases: Provided, That amounts repurposed
pursuant to this section are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That such amounts shall be
available only if the President designates such amounts as an
emergency requirement pursuant to section 251(b)(2)(A).
transfer authority
Sec. 202. (a) Funds appropriated by this Act 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 Act under such headings to carry out the
purposes of this Act.
(b) Funds appropriated by this Act under the headings
``Diplomatic and Consular Programs'', ``Emergencies in the
Diplomatic and Consular Service'', and ``Repatriation Loan
Programs'' may be transferred to, and merged with, funds
appropriated by this Act under such headings to carry out the
purposes of this Act.
(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.
reimbursement authority
Sec. 203. Funds appropriated by this Act may be used to
reimburse accounts administered by the United States Agency
for International Development and the Department of State for
obligations incurred for Zika virus response prior to the
enactment of this Act.
availability of funds for international operations
Sec. 204. Section 307(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2227(a)) shall not apply to funds
appropriated by this Act.
notwithstanding authority
Sec. 205. Funds appropriated or otherwise made available
under this Act and prior Acts making appropriations for the
Department of State, Foreign Operations, and Related Programs
that are made available to support Zika virus response and
related activities may be made available notwithstanding any
other provision of law.
personal service contractors
Sec. 206. Funds available in 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)) in the United States or abroad:
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.
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