S.Amdt. 3955

SA 3955. Mr. LANKFORD (for himself and Mr. Lee) submitted an
amendment intended to be proposed to amendment SA 3900 proposed by Mr.
McConnell (for Mr. Blunt (for himself, Mr. Graham, Mr. Cochran, Mrs.
Murray, and Mr. Leahy)) to the 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; which was
ordered to lie on the table; as follows:

Beginning on page 1 of the amendment, strike line 3 and all
that follows through line 20 on page 18, and insert the
following:

TITLE __

ZIKA RESPONSE AND PREPAREDNESS

CHAPTER 1

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

primary health care

Unobligated balances of amounts appropriated under this
heading in previous fiscal years, up to $40,000,000, shall
also be 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 made available 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.

health workforce

Unobligated balances of amounts appropriated under this
heading in previous fiscal years, up to $6,000,000, shall
also be 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 made available 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.

maternal and child health

Unobligated balances of amounts appropriated under this
heading in previous fiscal years, up to $5,000,000, shall
also be 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 made available 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.

Centers for Disease Control and Prevention

cdc-wide activities and program support

Unobligated balances of amounts appropriated under this
heading in previous fiscal years, up to $449,000,000, shall
also be 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 made available in this paragraph:
Provided further, That funds made available 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 made available
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.

National Institutes of Health

national institute of allergy and infectious diseases

Unobligated balances of amounts appropriated under this
heading in previous fiscal years, up to $200,000,000, shall
also be 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.

Office of the Secretary

public health and social services emergency fund

(including transfer of funds)

Unobligated balances of amounts appropriated under this
heading in previous fiscal years, up to $150,000,000, shall
also be 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

[[Page S2888]]

for additional payments for distribution as provided for
under the ``Social Services Block Grant Program'':  Provided,
That funds made available 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 made available in this paragraph:
Provided further, That products purchased with funds made
available 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 made available 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.

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 made available 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 made available 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 113-325 or section 241(a) of the PHS
Act.
Sec. __.  If there remains an insufficient amount of
unobligated funds under any heading under this chapter, funds
may be transferred from the unobligated balance of funds
under other headings under this chapter: Provided, That the
total amount of funds made available by this title shall not
exceed $850,000,000.
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.
Sec. __.  Prior to the transfer or reprogramming of funds
made available by this chapter, the director of the Office of
Management and Budget shall certify to the appropriate
Congressional committees that the net effect of all transfers
shall not result in an increase in outlays over the period of
fiscal years 2016 through 2021.

CHAPTER 2

DEPARTMENT OF STATE

Administration of Foreign Affairs

diplomatic and consular programs

Unobligated balances of amounts appropriated under this
heading in previous fiscal years, up to $14,594,000, shall
also be 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.

emergencies in the diplomatic and consular service

Unobligated balances of amounts appropriated under this
heading in previous fiscal years, up to $4,000,000, shall
also be available 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.

repatriation loans program account

Unobligated balances of amounts appropriated under this
heading in previous fiscal years, up to $1,000,000, shall
also be available to support response efforts related to the
Zika virus and related health outcomes, other vector-borne
diseases, or other infectious diseases.

United States Agency for International Development

funds made available to the president

operating expenses

Unobligated balances of amounts appropriated under this
heading in previous fiscal years, up to $10,000,000, shall
also be 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.

Bilateral Economic Assistance

funds made available to the president

global health programs

Unobligated balances of amounts appropriated under this
heading in previous fiscal years, up to $211,000,000, shall
also be available 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
made available in this chapter may be made available for the
Grand Challenges for Development program.

International Security Assistance

department of state

nonproliferation, anti-terrorism, demining and related programs

Unobligated balances of amounts appropriated under this
heading in previous fiscal years, up to $4,000,000, shall
also be 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.

Multilateral Assistance

funds made available to the president

international organizations and programs

Unobligated balances of amounts appropriated under this
heading in previous fiscal years, up to $13,500,000, shall
also be 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 made available under this heading.

General Provisions--This Chapter

(including transfer of funds)

Sec. __. (a) Funds made available 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 made
available by this chapter under such headings to carry out
the purposes of this chapter.
(b) Funds made available 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 made available by this chapter under such headings to
carry out the purposes of this chapter.
(c) If there remains an insufficient amount of unobligated
funds under any heading under this chapter, funds may be
transferred from the unobligated balance of funds under other
headings under this chapter: Provided, That the total amount
of funds made available by this title shall not exceed
$258,094,000.
(d) The transfer authorities provided by this section are
in addition to any other transfer authority provided by law.
(e) 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.
(f) 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.

[[Page S2889]]

(g) Prior to the transfer or reprogramming of funds made
available by this chapter, the director of the Office of
Management and Budget shall certify to the appropriate
Congressional committees that the net effect of all transfers
and reprogramming shall not result in an increase in outlays
over the period of fiscal years 2016 through 2021.

notification requirement

Sec. __.  Funds made available 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 made available 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 made available 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 made available 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.

effective date

Sec. __.  This title shall become effective immediately
upon enactment of this Act.
______