Making emergency supplemental appropriations for the fiscal year ending September 30, 2016, and for other purposes.

SA 3899. Mr. McCONNELL (for Mr. Cornyn (for himself, Mr. Johnson, 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 end of Division B, insert the following:

DIVISION __--ZIKA FUNDING

TITLE I

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:

Health Resources and Services Administration

primary health care

For an additional amount 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, including
outreach, education, and screening in Puerto Rico and other
territories:  Provided further, That such amount is
designated by 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 ``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 be used for providing
primary health services in areas affected by Zika virus or
other vector-borne diseases, for assigning 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 for making 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 ``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 ``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 ``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 ``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 shall, in this and
subsequent fiscal years, 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. 101.  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. 102.  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. 103.  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

[[Page S2789]]

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 113-325
or section 241(a) of the PHS Act.
Sec. 104.  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.
The Secretary of Health and Human Services should also
provide quarterly obligation updates to the Committees until
all funds are expended or expire.

TITLE II

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 $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 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 ``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
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 ``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 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

global health programs

For an additional amount 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 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 ``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 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 ``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 in this Act:  Provided further, That such amount
is designated by 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. 201. (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. 202.  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. 203.  Not later than 45 days after the date of
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. 204.  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. 205.  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

Removing Barriers to Combating the Zika Virus and Mosquito-borne
Transmission of Disease

Sec. 301.  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.''.

[[Page S2790]]

TITLE IV

General Provisions--This Act

extension of authorities and provisions

Sec. 401.  Unless otherwise provided for by this division,
the additional amounts appropriated pursuant to this division
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. 402.  Funds made available by this division 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. 403.  Each amount designated in this division by
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 Congress.

rescission

Sec. 404. 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, $1,000,000,000 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. 405. This division may be cited as the ``Emergency
Supplemental Appropriations for Zika Response and
Preparedness Act, 2016''.
______