[Congressional Record Volume 162, Number 75 (Thursday, May 12, 2016)]
[Senate]
[Pages S2785-S2788]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3898. Mr. McCONNELL (for Mr. Nelson (for himself and Mr. Rubio))
proposed an amendment to amendment SA 3896 proposed by Ms. Collins (for
herself, Mr. Kirk, Mr. Reed, and Mr. Tester) to the bill H.R. 2577,
making appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the fiscal year
ending September 30, 2016, and for other purposes; as follows:
At the appropriate place in Division B, insert the
following:
TITLE __
DEPARTMENT OF HEALTH AND HUMAN SERVICES
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:
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
[[Page S2786]]
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).
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 (``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).
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).
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'', $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).
GENERAL PROVISIONS
(including transfer of funds)
Sec. __01. 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.
Sec. __02. Section 3304 of title 5, United States Code, is
amended by adding at the end the following new subsection:
``(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. __03. Funds appropriated by this Act 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 date of the enactment of this Act.
Sec. __04. 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. __05. 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 at the end the following new clause:
[[Page S2787]]
``(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. __06. (a) The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall
award grants to territories of the United States for the
purpose of combating the Zika virus.
(b) To be eligible to receive a grant under this section, a
territory shall submit to the Secretary a plan describing how
the territory will use the grant funds. Within 30 days of
receiving such a plan, the Secretary shall--
(1) approve any such plan that includes efforts for
combating the Zika virus through education, prevention,
testing, screening, treatment, services, or evaluation
efforts; or
(2) disapprove any such plan that contains extraneous
efforts not related to combating the Zika virus.
(c) To carry out this section, there are authorized to be
appropriated, and there are appropriated, $250,000,000 for
fiscal year 2016. Any unobligated funds available on October
1, 2018, shall be returned to the general fund of the
Treasury.
(d) For purposes of this section, the term ``territory''
means Puerto Rico, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, or the United States Virgin
Islands.
(e) Amounts made available to carry out this section shall
be 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
amounts shall be available only if the President subsequently
so designates such amounts and transmits such designation to
the Congress.
TITLE __
DEPARTMENT OF STATE
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:
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)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985,
except that such amounts shall be available only if the
President subsequently so designates such amounts and
transmits such designation to the Congress.
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)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, except that such amounts shall be
available only if the President subsequently so designates
such amounts and transmits such designation to the Congress.
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)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, except that such
amounts shall be available only if the President subsequently
so designates such amounts 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, 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
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,
except that such amounts shall be available only if the
President subsequently so designates such amounts 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'',
$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 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, except that such
amounts shall be available only if the President subsequently
so designates such amounts and transmits such designation to
the Congress.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
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 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,
except that such amounts shall be available only if the
President subsequently so designates such amounts and
transmits such designation to the Congress.
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
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 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, except that such
amounts shall be available only if the President subsequently
so designates such amounts and transmits such designation to
the Congress.
GENERAL PROVISIONS
transfer authority
Sec. __01. (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 Act.
(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 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. __02. 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
date of the enactment of this Act.
availability of funds for international organizations
Sec. __03. Section 307(a) of the Foreign Assistance Act of
1961 shall not apply to funds appropriated by this Act.
personal service contractors
Sec. __04. Funds available in this Act to support response
efforts related to the Zika virus and related health
outcomes, other
[[Page S2788]]
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.
______