[Congressional Record Volume 162, Number 77 (Monday, May 16, 2016)]
[Senate]
[Pages S2814-S2819]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2016
Ms. COLLINS. Mr. President, what is the pending business?
The PRESIDING OFFICER. H.R. 2577 is the pending business, which the
clerk will report.
The senior assistant legislative clerk read as follows:
A 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.
Pending:
Collins amendment No. 3896, in the nature of a substitute.
McConnell (for Lee) amendment No. 3897 (to amendment No.
3896), to prohibit the use of funds to carry out a rule and
notice of the Department of Housing and Urban Development.
McConnell (for Nelson/Rubio) amendment No. 3898 (to
amendment No. 3896), making supplemental appropriations for
fiscal year 2016 to respond to Zika virus.
McConnell (for Cornyn/Johnson) amendment No. 3899 (to
amendment No. 3896), making emergency supplemental
appropriations for the fiscal year ending September 30, 2016.
McConnell (for Blunt) amendment No. 3900 (to amendment No.
3896), Zika response and preparedness.
The PRESIDING OFFICER. The Senator from Maine.
Ms. COLLINS. Mr. President, we are working very hard on both sides of
the aisle. Senator Reed and I have been discussing a package of
amendments which we ultimately hope to approve by unanimous consent. We
are making sure that it is a balanced package, reflecting both
Republican and Democratic initiatives. These are amendments that are
acceptable to both of us as managers of the bill, but we are waiting
for the process to work its way through. My hope is that we might be
able to do it this evening, but if not this evening, then perhaps we
will be able to turn to it first thing in the morning.
I thank the Presiding Officer and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Ms. COLLINS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendments Nos. 3903; 3909; 3917; 3919; 3922; and 3921, as Modified, to
Amendment No. 3896
Ms. COLLINS. Mr. President, I ask unanimous consent that the
following amendments be called up en bloc and reported by number:
Heitkamp No. 3903; Barrasso No. 3909; Ayotte No. 3917; Mikulski-Shelby
No. 3919; Feinstein-Portman No. 3922; and Franken-Tillis No. 3921, as
modified.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the amendments by number.
The senior assistant legislative clerk read as follows:
The Senator from Maine [Ms. Collins], for others, proposes
amendments numbered 3903; 3909; 3917; 3919; 3922; and 3921,
as modified, en bloc to amendment No. 3896.
The amendments are as follows:
Amendment No. 3903
(Purpose: To require a report on the economic and infrastructure
effects on airports of collegiate aviation flight training operations)
On page 26, after line 21, add the following:
Sec. 119J. (a) Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report assessing the
importance of collegiate aviation flight training operations
and the effect of such operations on the economy and
infrastructure of airports in the National Plan of Integrated
Airport Systems.
(b) In the report required by subsection (a), the
Comptroller General shall include the following:
(1) An assessment of the total capacity of collegiate
aviation flight training programs in the United States to
meet the needs of the United States to train commercial
pilots.
(2) An assessment of the footprint of collegiate aviation
flight training operations at the airports in the United
States.
(3) An assessment of whether infrastructure beyond that
necessary for operations of commercial air carriers is needed
at airports at which collegiate aviation flight training
operations are conducted.
(4) If such infrastructure is needed, an estimate of the
cost of such infrastructure.
(5) An identification of funding sources, available before
the date of the enactment of this Act or that may become
available after such date of enactment, that may be used to
construct such infrastructure.
(6) Recommendations for improving technical and financial
assistance to airports to construct such infrastructure.
Amendment No. 3909
(Purpose: To allow Indian tribes to use certain funds to construct
housing for certain skilled workers)
On page 103, line 18, insert ``and, notwithstanding title I
of that Act (42 U.S.C. 5301 et seq.), eligible Indian tribes
may use funds made available under this paragraph for the
construction of housing for law enforcement, health care,
educational, technical, and other skilled workers'' after
``title)''.
Amendment No. 3917
(Purpose: To prohibit the use of funds for the Continuum of Care
program of the Department of Housing and Urban Development unless the
program allows for zero-tolerance recovery housing)
In the matter under the heading ``homeless assistance
grants'' under the heading ``Community Planning and
Development'' in title II of division A, insert before the
period at the end the following: ``: Provided further, That
none of the funds provided under this heading shall be
available for the continuum of care program unless the
Secretary ensures that zero-tolerance recovery housing
programs are eligible to receive funds under the continuum of
care program''.
[[Page S2815]]
Amendment No. 3919
(Purpose: To provide for safety improvements on transit systems)
At the appropriate place in title I of division A, insert
the following:
Sec. __. Notwithstanding any other provision of this Act--
(1) the total amount made available under the heading
``administrative expenses'' under the heading ``Federal
Transit Administration'' shall be $113,165,000; and
(2) the total amount made available under the heading
``salaries and expenses'' under the heading ``Office of the
Secretary'' shall be $113,896,000.
Amendment No. 3922
(Purpose: To allow jurisdictions to maintain access to certain funds
deposited in their HOME Investment Trust Fund that would otherwise
expire)
At the appropriate place in title II of division A, insert
the following:
Sec. __. Section 218(g) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12748(g)) shall not apply
with respect to the right of a jurisdiction to draw funds
from its HOME Investment Trust Fund that otherwise [expired
or would] expire in 2016, 2017, 2018, or 2019 under that
section.
amendment 3921, as modified
(Purpose: To require the United States Interagency Council on
Homelessness to submit a report on improving health and housing
outcomes for chronically homeless individuals, individuals with
behavioral health conditions, and children)
At the appropriate place in division A, insert the
following:
Sec. __. Not later than 24 months after the date of
enactment of this Act, the United States Interagency Council
on Homelessness shall submit to Congress a report that
assesses how Federal housing programs and Federal health
programs could better collaborate to reduce costs and improve
health and housing outcomes, in particular for--
(1) chronically homeless individuals;
(2) homeless individuals with behavioral health conditions;
and
(3) homeless children, including infants, in families
that--
(A) receive housing assistance under programs administered
by the Federal Government; or
(B) could benefit from grant programs administered by the
Federal Government.
Ms. COLLINS. I ask unanimous consent that the Senate now vote on
these amendments en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. COLLINS. I know of no further debate on these amendments.
The PRESIDING OFFICER. Is there further debate?
The PRESIDING OFFICER. If not, the question is on agreeing to the
amendments en bloc.
The amendments (Nos. 3903; 3909; 3917; 3919; 3922; and 3921, as
modified) were agreed to en bloc.
Amendment No. 3899, As Modified
Ms. COLLINS. Mr. President, I ask unanimous consent that the Cornyn
amendment No. 3899 be modified with the changes that are at the desk.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment, as modified, is as follows:
(Purpose: Making emergency supplemental appropriations for the fiscal
year ending September 30, 2016, and for other purposes)
At the appropriate place in division B, insert the
following:
TITLE __
ZIKA RESPONSE AND PREPAREDNESS
CHAPTER 1
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 nonfederally 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
[[Page S2816]]
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 Chapter
(including transfer of funds)
Sec. __. 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 chapter 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. __. Funds appropriated by this chapter 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. __. Funds appropriated in this chapter 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 chapter 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 chapter 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. __. 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 chapter, including estimated personnel and
administrative costs, to the Committees on Appropriations.
The Secretary of Health and Human Services should also
provide quarterly obligation updates to the Committees until
all funds are expended or expire.
CHAPTER 2
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 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.
emergencies in the diplomatic and consular service
For an additional amount for fiscal year 2016 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.
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 chapter 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 Chapter
(including transfer of funds)
Sec. __. (a) Funds appropriated by this chapter 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 chapter under such headings to carry out
the purposes of this chapter.
(b) Funds appropriated by this chapter 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 chapter under such headings to
carry out the purposes of this chapter.
(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
[[Page S2817]]
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. __. Funds appropriated by this chapter 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. __. Not later than 45 days after the date of
enactment of this Act and prior to the obligation of funds
made available by this chapter 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. __. Of the funds appropriated by this chapter, 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 chapter
with funds appropriated by this chapter: 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. __. 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.
CHAPTER 3
REMOVING BARRIERS TO COMBATING THE ZIKA VIRUS AND MOSQUITO-BORNE
TRANSMISSION OF DISEASE
removing barriers to combating the zika virus and mosquito-borne
transmission of disease
Sec. __. Section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342) is amended by adding at the end
the following:
``(s) Mosquito Control Waiver.--Notwithstanding any other
provision of this section, the Administrator (or a State, in
the case of a permit program approved under subsection (b))
shall not require a permit for a discharge from the
application by an entity authorized under State or local law,
such as a vector control district, of a pesticide in
compliance with all relevant requirements of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et
seq.) to control mosquitos or mosquito larvae to protect the
public health and welfare, including for the prevention or
control of the Zika virus, West Nile virus, or dengue fever.
The Administrator shall not directly or indirectly require
any State to require such a permit.''.
CHAPTER 4
GENERAL PROVISIONS--THIS TITLE
extension of authorities and provisions
Sec. __. Unless otherwise provided for by this title, the
additional amounts appropriated pursuant to this title 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. __. Funds made available by this title 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. __. Each amount designated in this title 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. __. This title shall become effective immediately
upon enactment of this Act.
recission
Sec. __. From amounts appropriated for the Prevention and
Public Health Fund under section 4002 of the Patient
Protection and Affordable Care Act (42 U.S.C. 300u-11)--
(1) for fiscal year 2017, $931,000,000 shall be rescinded
on the date on which such amounts are available for
obligation; and
(2) for fiscal year 2018, $200,000,000 shall be rescinded
on the date on which such amounts are available for
obligation.
short title
Sec. __. This title may be cited as the ``Emergency
Supplemental Appropriations for Zika Response and
Preparedness Act, 2016''.
Amendment No. 3900, as Modified
Ms. COLLINS. Mr. President, I ask unanimous consent that the Blunt
amendment No. 3900 be modified with the changes that are at the desk.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment, as modified, is as follows:
(Purpose: Zika response and preparedness)
At the appropriate place in division B, insert the
following:
TITLE __
ZIKA RESPONSE AND PREPAREDNESS
CHAPTER 1
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
[[Page S2818]]
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 Chapter
(including transfer of funds)
Sec. __. 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 chapter 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. __. Funds appropriated by this chapter 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. __. Funds appropriated in this chapter 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 chapter 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 chapter 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. __. 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 chapter, including estimated personnel and
administrative costs, to the Committees on Appropriations.
The Secretary of Health and Human Services should also
provide quarterly obligation updates to the Committees until
all funds are expended or expire.
CHAPTER 2
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 chapter 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,
[[Page S2819]]
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 Chapter
(including transfer of funds)
Sec. __. (a) Funds appropriated by this chapter 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 chapter under such headings to carry out
the purposes of this chapter.
(b) Funds appropriated by this chapter 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 chapter under such headings to
carry out the purposes of this chapter.
(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. __. Funds appropriated by this chapter 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. __. Not later than 45 days after enactment of this
Act and prior to the obligation of funds made available by
this chapter 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. __. Of the funds appropriated by this chapter, 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 chapter
with funds appropriated by this chapter: 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. __. 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.
CHAPTER 3
GENERAL PROVISIONS--THIS TITLE
extension of authorities and provisions
Sec. __. Unless otherwise provided for by this title, the
additional amounts appropriated pursuant to this title 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. __. Funds made available by this title 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. __. Each amount designated in this title 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. __. This title shall become effective immediately
upon enactment of this Act.
Ms. COLLINS. Mr. President, that allowed us to move forward on the
appropriations bill we are now considering. I am very pleased, and I
thank the ranking member for working so cooperatively, and I thank all
of the sponsors of these amendments for working with us so we can start
to make real progress on this appropriations bill.
____________________