This bill provides FY2016 supplemental appropriations to the Departments of Health and Human Services (HHS) and State to prevent, prepare for, and respond to the Zika virus.
The bill specifies permissible uses for the funds and designates the funds as an emergency requirement. The emergency funding is exempt from discretionary spending limits and is only available if the President subsequently designates the funds as an emergency requirement.
The bill provides appropriations to HHS for:
For the State Department, the bill provides appropriations for:
The bill sets forth congressional notification and reporting requirements that apply to the funds. It also provides funds to the Government Accountability Office for the oversight of activities funded by this bill.
The bill also rescinds specified unobligated balances of funds that were previously provided to USAID to prevent, prepare for, and respond to the Ebola virus.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5958 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5958
Making supplemental appropriations for fiscal year 2016 for Zika
response and preparedness.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 8, 2016
Mr. Clawson of Florida (for himself, Mr. Jolly, Mrs. Kirkpatrick, and
Ms. Wilson of Florida) introduced the following bill; which was
referred to the Committee on Appropriations, and in addition to the
Committee on the Budget, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
Making supplemental appropriations for fiscal year 2016 for Zika
response and preparedness.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2016, and for
other purposes, namely:
TITLE I
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For an additional amount for fiscal year 2016 for ``Primary Health
Care'', $40,000,000 to remain available until September 30, 2017, to
prevent, prepare for, and respond to Zika virus, other vector-borne
diseases, and related health outcomes, domestically and
internationally: Provided, That funds appropriated in this paragraph
shall be used to expand the delivery of primary health services
authorized by section 330 of the Public Health Service (``PHS'') Act in
Puerto Rico and other territories: Provided further, That such amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
health workforce
For an additional amount for fiscal year 2016 for ``Health
Workforce'', $6,000,000 to remain available until September 30, 2017,
to prevent, prepare for, and respond to Zika virus, other vector-borne
diseases, and related health outcomes, domestically and
internationally: Provided, That funds appropriated in this paragraph
may, for purposes of providing primary health services in areas
affected by Zika virus or other vector-borne diseases, be used to
assign National Health Service Corps (``NHSC'') members to Puerto Rico
and other Territories, notwithstanding the assignment priorities and
limitations in or under sections 333(a)(1)(D), 333(b), or 333A(a) of
the PHS Act, and to make NHSC Loan Repayment Program awards under
section 338B of such Act: Provided further, That for purposes of the
previous proviso, section 331(a)(3)(D) of the PHS Act shall be applied
as if the term ``primary health services'' included health services
regarding pediatric subspecialists: Provided further, That such amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
maternal and child health
For an additional amount for fiscal year 2016 for ``Maternal and
Child Health'', $5,000,000 to remain available until September 30,
2017, to prevent, prepare for, and respond to Zika virus, other vector-
borne diseases, and related health outcomes, domestically and
internationally: Provided, That funds appropriated in this paragraph
may be awarded for projects of regional and national significance in
Puerto Rico and other Territories authorized under section 501 of the
Social Security Act, notwithstanding section 502 of such Act: Provided
further, That such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Centers for Disease Control and Prevention
cdc-wide activities and program support
For an additional amount for fiscal year 2016 for ``CDC-Wide
Activities and Program Support'', $449,000,000, to remain available
until September 30, 2017, to prevent, prepare for, and respond to Zika
virus, other vector-borne diseases, and related health outcomes,
domestically and internationally; and to carry out titles II, III, and
XVII of the PHS Act with respect to domestic preparedness and global
health: Provided, That products purchased with these funds may, at the
discretion of the Secretary of Health and Human Services, be deposited
in the Strategic National Stockpile under section 319F-2 of the PHS
Act: Provided further, That funds may be used for purchase and
insurance of official motor vehicles in foreign countries: Provided
further, That the provisions in section 317S of the PHS Act shall not
apply to the use of funds appropriated in this paragraph: Provided
further, That funds appropriated in this paragraph may be used for
grants for the construction, alteration, or renovation of non-federally
owned facilities to improve preparedness and response capability at the
State and local level: Provided further, That of the amount
appropriated in this paragraph, $88,000,000 may be used to reimburse
accounts administered by the Centers for Disease Control and Prevention
for obligations incurred for Zika virus response prior to the enactment
of this Act: Provided further, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
National Institutes of Health
national institute of allergy and infectious diseases
For an additional amount for fiscal year 2016 for ``National
Institute of Allergy and Infectious Diseases'', $200,000,000, to remain
available until September 30, 2017, to prevent, prepare for, and
respond to Zika virus, other vector-borne diseases, and related health
outcomes, domestically and internationally, including expenses related
to carrying out section 301 and title IV of the PHS Act: Provided,
That such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Office of the Secretary
public health and social services emergency fund
(including transfer of funds)
For an additional amount for fiscal year 2016 for ``Public Health
and Social Services Emergency Fund'', $150,000,000, to remain available
until September 30, 2017, to prevent, prepare for, and respond to Zika
virus, other vector-borne diseases, and related health outcomes,
domestically and internationally; to develop necessary countermeasures
and vaccines, including the development and purchase of vaccines,
therapeutics, diagnostics, necessary medical supplies, and
administrative activities; for carrying out titles II, III, and XVII of
the PHS Act with respect to domestic preparedness and global health;
and for additional payments for distribution as provided for under the
``Social Services Block Grant Program'': Provided, That funds
appropriated in this paragraph may be used to procure security
countermeasures (as defined in section 319F-2(c)(1)(B) of the PHS Act,
as amended by this Act): Provided further, That paragraphs (1) and
(7)(C) of subsection (c) of section 319F-2 of the PHS Act, but no other
provisions of such section, shall apply to such security
countermeasures procured with funds appropriated in this paragraph:
Provided further, That products purchased with funds appropriated in
this paragraph may, at the discretion of the Secretary of Health and
Human Services, be deposited in the Strategic National Stockpile under
section 319F-2 of the PHS Act: Provided further, That countermeasures
related to the Zika virus procured with funds appropriated in this
paragraph shall be deemed to be security countermeasures as defined in
section 319F-2(c)(1) of the PHS Act, and paragraph (7)(C), but no other
provision, of such section 319F-2(c) shall apply to procurements of
such countermeasures: Provided further, That $75,000,000 shall be
transferred to ``Social Services Block Grant'' for health services,
notwithstanding section 2005(a)(4) of the Social Security Act, in
territories with active or local transmission cases of the Zika virus,
as confirmed by the Centers for Disease Control and Prevention:
Provided further, That the Secretary of Health and Human Services shall
distribute funds transferred to the ``Social Services Block Grant'' in
this paragraph to such territories in accordance with objective
criteria that are made available to the public: Provided further, That
such amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
General Provisions--This Title
(including transfer of funds)
Sec. 501. For purposes of preventing, preparing for, and
responding to Zika virus, other vector-borne diseases, and related
health outcomes domestically and internationally, the Secretary of
Health and Human Services may use funds provided in this title to
acquire, lease, construct, alter, renovate, equip, furnish, or manage
facilities outside of the United States, as necessary to conduct such
programs, in consultation with the Secretary of State, either directly
for the use of the United States Government or for the use, pursuant to
grants, direct assistance, or cooperative agreements, of public or
nonprofit private institutions or agencies in participating foreign
countries.
Sec. 502. Funds appropriated by this title may be used by the
heads of the Department of Health and Human Services, Department of
State, and the Agency for International Development to appoint, without
regard to the provisions of sections 3309 through 3319 of title 5 of
the United States Code, candidates needed for positions to perform
critical work relating to Zika response for which--
(1) public notice has been given; and
(2) the Secretary of Health and Human Services has
determined that such a public health threat exists.
Sec. 503. Funds appropriated in this title may be transferred to,
and merged with, other appropriation accounts under the headings
``Centers for Disease Control and Prevention'', ``Public Health and
Social Services Emergency Fund'', ``Health Resources and Services
Administration'', and ``National Institutes of Health'' for the
purposes specified in this title following consultation with the Office
of Management and Budget: Provided, That the Committees on
Appropriations shall be notified 10 days in advance of any such
transfer: Provided further, That, upon a determination that all or
part of the funds transferred from an appropriation are not necessary,
such amounts may be transferred back to that appropriation: Provided
further, That none of the funds made available by this title may be
transferred pursuant to the authority in section 206 of division G of
Public Law 113-235 or section 241(a) of the PHS Act.
Sec. 504. Not later than 30 days after enactment of this Act, the
Secretary of Health and Human Services shall provide a detailed spend
plan of anticipated uses of funds made available in this title,
including estimated personnel and administrative costs, to the
Committees on Appropriations: Provided, That such plans shall be
updated and submitted to the Committee on Appropriations of the Senate
every 90 days until September 30, 2017, and every 180 days thereafter
until all funds have been fully expended.
TITLE II
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for fiscal year 2016 for ``Diplomatic and
Consular Programs'', $14,594,000, to remain available until September
30, 2017, for necessary expenses to support response efforts related to
the Zika virus and related health outcomes, other vector-borne
diseases, or other infectious diseases: Provided, That up to
$4,000,000 may be made available for medical evacuation costs of any
other Department or agency of the United States under Chief of Mission
authority, and may be transferred to any other appropriation of such
Department or agency for such costs: Provided further, That such
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
emergencies in the diplomatic and consular service
For an additional amount for fiscal year 2016 for ``Emergencies in
the Diplomatic and Consular Service'', $4,000,000 for necessary
expenses to support response efforts related to the Zika virus and
related health outcomes, other vector-borne diseases, or other
infectious diseases, to remain available until expended: Provided,
That such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
repatriation loans program account
For an additional amount for fiscal year 2016 for ``Repatriation
Loans Program Account'' for the cost of direct loans, $1,000,000, to
support response efforts related to the Zika virus and related health
outcomes, other vector-borne diseases, or other infectious diseases, to
remain available until expended: Provided, That such costs, including
costs of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That such
funds are available to subsidize an additional amount of gross
obligations for the principal amount of direct loans not to exceed
$1,880,406: Provided further, That such amount is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
United States Agency for International Development
funds appropriated to the president
operating expenses
For an additional amount for fiscal year 2016 for ``Operating
Expenses'', $10,000,000, to remain available until September 30, 2017,
for necessary expenses to support response efforts related to the Zika
virus and related health outcomes, other vector-borne diseases, or
other infectious diseases: Provided, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Bilateral Economic Assistance
funds appropriated to the president
global health programs
For an additional amount for fiscal year 2016 for ``Global Health
Programs'', $211,000,000, to remain available until expended, for
necessary expenses for assistance or research to prevent, treat, or
otherwise respond to the Zika virus and related health outcomes, other
vector-borne diseases, or other infectious diseases: Provided, That
such funds may be made available for multi-year funding commitments to
incentivize the development of global health technologies, following
consultation with the Committees on Appropriations: Provided further,
That none of the funds appropriated in this title may be made available
for the Grand Challenges for Development program: Provided further,
That such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
International Security Assistance
department of state
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for fiscal year 2016 for
``Nonproliferation, Anti-terrorism, Demining and Related Programs'',
$4,000,000, to remain available until September 30, 2017, for necessary
expenses to support response and research efforts related to the Zika
virus and related health outcomes, other vector-borne diseases, or
other infectious diseases: Provided, That such amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Multilateral Assistance
funds appropriated to the president
international organizations and programs
For an additional amount for fiscal year 2016 for ``International
Organizations and Programs'', $13,500,000, to remain available until
September 30, 2017 for necessary expenses to support response and
research efforts related to the Zika virus and related health outcomes,
other vector-borne diseases, or other infectious diseases: Provided,
That section 307(a) of the Foreign Assistance Act of 1961 shall not
apply to funds appropriated under this heading: Provided further, That
such amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
General Provisions--This Title
(including transfer of funds)
Sec. 505. (a) Funds appropriated by this title under the headings
``Global Health Programs'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', ``International Organizations and
Programs'', and ``Operating Expenses'' may be transferred to, and
merged with, funds appropriated by this title under such headings to
carry out the purposes of this title.
(b) Funds appropriated by this title under the headings
``Diplomatic and Consular Programs'', ``Emergencies in the Diplomatic
and Consular Service'', and ``Repatriation Loans Program Account'' may
be transferred to, and merged with, funds appropriated by this title
under such headings to carry out the purposes of this title.
(c) The transfer authorities provided by this section are in
addition to any other transfer authority provided by law.
(d) Upon a determination that all or part of the funds transferred
pursuant to the authorities provided by this section are not necessary
for such purposes, such amounts may be transferred back to such
appropriations.
(e) No funds shall be transferred pursuant to this section unless
at least 15 days prior to making such transfer the Secretary of State
or the Administrator of the United States Agency for International
Development (USAID), as appropriate, notifies the Committees on
Appropriations in writing of the details of any such transfer.
notification requirement
Sec. 506. Funds appropriated by this title that are made available
to respond to the Zika virus outbreak, other vector-borne diseases, or
other infectious diseases shall not be available for obligation unless
the Secretary of State or the USAID Administrator, as appropriate,
notifies the Committees on Appropriations in writing at least 15 days
in advance of such obligation.
spend plan requirement
Sec. 507. Not later than 45 days after enactment of this Act and
prior to the obligation of funds made available by this title to
respond to the Zika virus outbreak, other vector-borne diseases, or
other infectious diseases, the Secretary of State and the USAID
Administrator, as appropriate, shall submit spend plans to the
Committees on Appropriations on the anticipated uses of funds on a
country and project basis, including estimated personnel and
administrative costs: Provided, That such plans shall be updated and
submitted to the Committee on Appropriations every 90 days until
September 30, 2017, and every 180 days thereafter until all funds have
been fully expended.
comptroller general oversight
Sec. 508. Of the funds appropriated by this title, up to $500,000
shall be made available to the Comptroller General of the United
States, to remain available until expended, for oversight of activities
supported pursuant to this title with funds appropriated by this title:
Provided, That the Secretary of State and USAID Administrator, as
appropriate, and the Comptroller General shall consult with the
Committees on Appropriations prior to obligating such funds.
rescission
Sec. 509. Of the unobligated balances available under the heading
``Operating Expenses'' in title IX of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015 (division J
of Public Law 113-235), $10,000,000 are rescinded: Provided, That such
amounts are designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE III
GENERAL PROVISIONS--THIS ACT
extension of authorities and provisions
Sec. 510. Unless otherwise provided for by this Act, the
additional amounts appropriated pursuant to this Act for fiscal year
2016 are subject to the requirements for funds contained in the
Consolidated Appropriations Act, 2016 (Public Law 114-113).
personal service contractors
Sec. 511. Funds made available by this Act to support response
efforts related to the Zika virus and related health outcomes, other
vector-borne diseases, or other infectious diseases may be used to
enter into contracts with individuals for the provision of personal
services (as described in section 104 of part 37 of title 48, Code of
Federal Regulations (48 CFR 37.104)), within the United States and
abroad, subject to prior consultation with, and the notification
procedures of, the Committees on Appropriations: Provided, That such
individuals may not be deemed employees of the United States for the
purpose of any law administered by the Office of Personnel Management.
designation requirement
Sec. 512. Each amount designated in this Act by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 shall be
available (or rescinded, if applicable) only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
effective date
Sec. 513. This Act shall become effective immediately upon
enactment.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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