I 

114TH CONGRESS 

2D SESSION H. R. 6040 

To provide supplemental appropriations to respond to the Zika virus, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 15, 2016 

Mr. ROKITA 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 

To provide supplemental appropriations to respond to the 

Zika virus, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Zero Impacted Kids 

5 in America (ZIKA) Act’’. 


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1 TITLE I 

2 DEPARTMENT OF HEALTH AND HUMAN 

3 SERVICES 

4 The following sums are appropriated, out of any 

5 money in the Treasury not otherwise appropriated, for the 

6 fiscal year ending September 30, 2016, and for other pur7 poses, namely: 

8 FOOD AND DRUG ADMINISTRATION

9 SALARIES AND EXPENSES

10 For an additional amount for ‘‘Salaries and Ex11 penses’’, $10,000,000, to remain available until expended, 

12 to prevent, prepare for, and respond to Zika virus, other 

13 vector-borne diseases, or other infectious diseases and re14 lated health outcomes, domestically and internationally, 

15 and to develop necessary medical countermeasures and 

16 vaccines, including the review, regulation, and post market 

17 surveillance of vaccines and therapies, and administrative 

18 activities: Provided, That such amount is designated by 

19 the Congress as an emergency requirement pursuant to 

20 section 251(b)(2)(A) of the Balanced Budget and Emer21 gency Deficit Control Act of 1985, as amended: Provided 

22 further, That such amount shall be available only if the 

23 President designates such amount as an emergency re24 quirement pursuant to section 251(b)(2)(A). 


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1 CENTERS FOR DISEASE CONTROL AND PREVENTION

2 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

3 (INCLUDING TRANSFER OF FUNDS)

4 For an additional amount for ‘‘CDC-Wide Activities 

5 and Program Support’’, $743,000,000, to remain avail6 able until expended, to prevent, prepare for, and respond 

7 to Zika virus, other vector-borne diseases, or other infec8 tious diseases and related health outcomes, domestically 

9 and internationally; and to carry out titles II, III, and 

10 XVII of the Public Health Service (‘‘PHS’’) Act with re11 spect to domestic preparedness and global health: Pro12 vided, That products purchased with these funds may, at 

13 the discretion of the Secretary of Health and Human 

14 Services, be deposited in the Strategic National Stockpile 

15 under section 319F–2 of the PHS Act: Provided further, 

16 That funds may be used for purchase and insurance of 

17 official motor vehicles in foreign countries: Provided fur18 ther, That the provisions in section 317S of the PHS Act 

19 shall apply to the use of funds appropriated in this para20 graph as determined by the Director of the Centers for 

21 Disease Control and Prevention (‘‘CDC’’) to be appro22 priate: Provided further, That funds appropriated in this 

23 paragraph may be used for grants for the construction, 

24 alteration, or renovation of nonfederally owned facilities 

25 to improve preparedness and response capability at the 


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1 State and local level: Provided further, That funds appro2 priated in this paragraph may be used for acquisition of 

3 real property (including long-term ground leases) and 

4 equipment, and construction, demolition, or renovation of 

5 facilities, including construction on leased land: Provided 

6 further, That funds appropriated in this paragraph may 

7 be transferred by the Director of CDC to other accounts 

8 of the CDC for the purposes provided in this paragraph: 

9 Provided further, That such transfer authority is in addi10 tion to any other transfer authority provided by law: Pro11 vided further, That, upon a determination that all or part 

12 of the funds transferred from this appropriation are not 

13 necessary for the purposes provided herein, such amounts 

14 may be transferred back to this appropriation: Provided 

15 further, That the amount appropriated in this paragraph 

16 is designated by the Congress as an emergency require17 ment pursuant to section 251(b)(2)(A) of the Balanced 

18 Budget and Emergency Deficit Control Act of 1985, as 

19 amended: Provided further, That such amount shall be 

20 available only if the President designates such amount as 

21 an emergency requirement pursuant to section 

22 251(b)(2)(A). 


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1 NATIONAL INSTITUTES OF HEALTH

2 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

3 DISEASES

4 For an additional amount for ‘‘National Institute of 

5 Allergy and Infectious Diseases’’, $277,000,000, to re6 main available until expended, to prevent, prepare for, and 

7 respond to Zika virus, other vector-borne diseases, or 

8 other infectious diseases and related health outcomes, do9 mestically and internationally, including expenses related 

10 to carrying out section 301 and title IV of the PHS Act: 

11 Provided, That such funds may be transferred by the Di12 rector of the National Institutes of Health (‘‘NIH’’) to 

13 other accounts of the NIH for the purposes provided in 

14 this paragraph: Provided further, That such transfer au15 thority is in addition to any other transfer authority pro16 vided by law: Provided further, That, upon a determination 

17 that all or part of the funds transferred from this appro18 priation are not necessary for the purposes provided here19 in, such amounts may be transferred back to this appro20 priation: Provided further, That the amount appropriated 

21 in this paragraph is designated by the Congress as an 

22 emergency requirement pursuant to section 251(b)(2)(A) 

23 of the Balanced Budget and Emergency Deficit Control 

24 Act of 1985, as amended: Provided further, That such 

25 amount shall be available only if the President designates 


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1 such amount as an emergency requirement pursuant to 

2 section 251(b)(2)(A). 

3 OFFICE OF THE SECRETARY

4 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

5 FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for ‘‘Public Health and So8 cial Services Emergency Fund’’, $233,000,000, to remain 

9 available until expended, to prevent, prepare for, and re10 spond to Zika virus, other vector-borne diseases, or other 

11 infectious diseases and related health outcomes, domesti12 cally and internationally; to develop necessary counter13 measures and vaccines, including the development and 

14 purchase of vaccines, therapeutics, diagnostics, necessary 

15 medical supplies, and administrative activities; for car16 rying out titles II, III, and XVII of the PHS Act with 

17 respect to domestic preparedness and global health; and 

18 for carrying out title III of the PHS Act and title V of 

19 the Social Security Act to provide health care and related 

20 services in areas affected by Zika virus: Provided, That 

21 funds appropriated in this paragraph may be used to pro22 cure security countermeasures (as defined in section 

23 319F–2(c)(1)(B) of the PHS Act, as amended by this 

24 Act): Provided further, That paragraphs (1) and (7)(C) 

25 of subsection (c) of section 319F–2 of the PHS Act, but 


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1 no other provisions of such section, shall apply to such 

2 security countermeasures procured with funds appro3 priated in this paragraph: Provided further, That products 

4 purchased with funds appropriated in this paragraph may, 

5 at the discretion of the Secretary of Health and Human 

6 Services, be deposited in the Strategic National Stockpile 

7 under section 319F–2 of the PHS Act: Provided further, 

8 That funds appropriated in this paragraph may be trans9 ferred to the fund authorized by section 319F–4 of the 

10 PHS Act: Provided further, That funds appropriated in 

11 this paragraph may, for purposes of providing primary 

12 health services in areas affected by Zika virus, other vec13 tor-borne diseases, or other infectious diseases, be used to 

14 assign National Health Service Corps (‘‘NHSC’’) mem15 bers to Puerto Rico and other territories, notwithstanding 

16 the assignment priorities and limitations in or under sec17 tion 333(a)(1)(D), 333(b), or 333A(a) of the PHS Act, 

18 and to make NHSC Loan Repayment Program awards 

19 under section 338B of such Act: Provided further, That 

20 funds may be awarded for projects of regional and na21 tional significance in Puerto Rico and other territories au22 thorized under section 501 of the Social Security Act, not23 withstanding section 502 of such Act: Provided further, 

24 That funds may be used for the alteration or renovation 

25 of nonfederally owned facilities to improve preparedness 


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1 and response capability at the State and local level: Pro2 vided further, That funds appropriated in this paragraph 

3 may be transferred to other appropriations of the Depart4 ment of Health and Human Services, as determined by 

5 the Secretary to be appropriate, to be used for the pur6 poses specified in this paragraph: Provided further, That 

7 any transfers of these funds shall be made in consultation 

8 with the Office of Management and Budget: Provided fur9 ther, That the transfer authority provided in this para10 graph is in addition to any other transfer authority pro11 vided by law: Provided further, That, upon a determination 

12 that all or part of the funds transferred from this appro13 priation are not necessary for the purposes provided here14 in, such amounts may be transferred back to this appro15 priation: Provided further, That the amount appropriated 

16 in this paragraph is designated by the Congress as an 

17 emergency requirement pursuant to section 251(b)(2)(A) 

18 of the Balanced Budget and Emergency Deficit Control 

19 Act of 1985, as amended: Provided further, That such 

20 amount shall be available only if the President designates 

21 such amount as an emergency requirement pursuant to 

22 section 251(b)(2)(A). 


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1 GENERAL PROVISIONS 

2 (INCLUDING TRANSFER OF FUNDS)

3 SEC. 101. For purposes of preventing, preparing for, 

4 and responding to Zika virus, other vector-borne diseases, 

5 or other infectious diseases and related health outcomes 

6 domestically and internationally, the Secretary of Health 

7 and Human Services may use funds provided in this Act— 

8 (1) to acquire, lease, construct, alter, renovate, 

9 equip, furnish, or manage facilities outside of the 

10 United States, as necessary to conduct such pro11 grams, in consultation with the Secretary of State, 

12 either directly for the use of the United States Gov13 ernment or for the use, pursuant to grants, direct 

14 assistance, or cooperative agreements, of public or 

15 nonprofit private institutions or agencies in partici16 pating foreign countries; and 

17 (2) to enter into contracts with individuals for 

18 the provision of personal services (as described in 

19 section 104 of part 37 of title 48, Code of Federal 

20 Regulations (48 C.F.R. 37.104)), within the United 

21 States and abroad: Provided, That such individuals 

22 may not be deemed employees of the United States 

23 for the purpose of any law administered by the Of24 fice of Personnel Management. 


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1 SEC. 102. Section 3304 of title 5, United States 

2 Code, is amended by adding at the end the following new 

3 subsection: 

4 ‘‘(g) The heads of the Department of Health and 

5 Human Services, Department of State, and the Agency 

6 for International Development may appoint, without re7 gard to the provisions of sections 3309 through 3319, can8 didates needed for positions to perform critical work in 

9 direct response to a public health threat requiring an im10 mediate response for which— 

11 ‘‘(1) public notice has been given; and 

12 ‘‘(2) the Secretary of Health and Human Serv13 ices has determined that such a public health threat 

14 exists.’’. 

15 SEC. 103. Funds appropriated by this Act may be 

16 used to reimburse accounts administered by the Depart17 ment of Health and Human Services for obligations in18 curred for Zika virus response prior to the date of the 

19 enactment of this Act. 

20 SEC. 104. Funds appropriated to the Department of 

21 Health and Human Services in this Act may be trans22 ferred to and merged with other Federal accounts for pur23 poses specified in this Act following consultation with the 

24 Office of Management and Budget: Provided, That such 

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1 fer authority provided by law: Provided further, That, 

2 upon a determination that all or part of the funds trans3 ferred from an appropriation are not necessary, such 

4 amounts may be transferred back to that appropriation. 

5 SEC. 105. Section 319F–2(c)(1)(B) of the Public 

6 Health Service Act (42 U.S.C. 247d–6b(c)(1)(B)) is 

7 amended— 

8 (1) in clause (i)(III)(bb), by striking ‘‘; or’’ and 

9 inserting a semicolon; 

10 (2) in clause (ii), by striking the period and in11 serting ‘‘; or’’; and 

12 (3) by adding at the end the following new 

13 clause: 

14 ‘‘(iii)(I) the Secretary determines to 

15 be a necessary countermeasure to diag16 nose, mitigate, prevent, or treat harm from 

17 any infectious disease that may pose a 

18 threat to the public health; and 

19 ‘‘(II)(aa) is approved or cleared under 

20 chapter V of the Federal Food, Drug, and 

21 Cosmetic Act, or licensed under section 

22 351 of this Act; or 

23 ‘‘(bb) is a countermeasure for which 

24 the Secretary determines that sufficient 

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1 search data (including data, if available, 

2 from pre-clinical and clinical trials) sup3 port a reasonable conclusion that the coun4 termeasure will qualify for approval or li5 censing within 10 years after the date of a 

6 determination under subclause (I).’’. 

7 SEC. 106. (a) The Secretary of Health and Human 

8 Services (referred to in this section as the ‘‘Secretary’’) 

9 shall award grants to territories of the United States for 

10 the purpose of combating the Zika virus. 

11 (b) To be eligible to receive a grant under this sec12 tion, a territory shall submit to the Secretary a plan de13 scribing how the territory will use the grant funds. Within 

14 30 days of receiving such a plan, the Secretary shall— 

15 (1) approve any such plan that includes efforts 

16 for combating the Zika virus through education, pre17 vention, testing, screening, treatment, services, or 

18 evaluation efforts; or 

19 (2) disapprove any such plan that contains ex20 traneous efforts not related to combating the Zika 

21 virus. 

22 (c) To carry out this section, there are authorized to 

23 be appropriated, and there are appropriated, 

24 $250,000,000 for fiscal year 2016. Any unobligated funds 


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1 available on October 1, 2018, shall be returned to the gen2 eral fund of the Treasury. 

3 (d) For purposes of this section, the term ‘‘territory’’ 

4 means Puerto Rico, Guam, American Samoa, the Com5 monwealth of the Northern Mariana Islands, or the 

6 United States Virgin Islands. 

7 (e) Amounts made available to carry out this section 

8 shall be designated by the Congress as an emergency re9 quirement pursuant to section 251(b)(2)(A)(i) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985, 

11 except that such amounts shall be available only if the 

12 President subsequently so designates such amounts and 

13 transmits such designation to the Congress. 

14 TITLE II 

15 DEPARTMENT OF STATE 

16 The following sums are appropriated, out of any 

17 money in the Treasury not otherwise appropriated, for the 

18 fiscal year ending September 30, 2016, and for other pur19 poses, namely: 

20 ADMINISTRATION OF FOREIGN AFFAIRS

21 DIPLOMATIC AND CONSULAR PROGRAMS

22 For an additional amount for ‘‘Diplomatic and Con23 sular Programs’’, $14,594,000, to remain available until 

24 September 30, 2017, for necessary expenses to support re25 sponse efforts related to the Zika virus and related health 


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1 outcomes, other vector-borne diseases, or other infectious 

2 diseases: Provided, That up to $2,419,000 may be made 

3 available for medical evacuation costs of any other Depart4 ment or agency of the United States under the Chief of 

5 Mission authority, and may be transferred to any other 

6 appropriation of such Department or agency for such 

7 costs: Provided further, That such amount is designated 

8 by the Congress as an emergency requirement pursuant 

9 to section 251(b)(2)(A)(i) of the Balanced Budget and 

10 Emergency Deficit Control Act of 1985, except that such 

11 amounts shall be available only if the President subse12 quently so designates such amounts and transmits such 

13 designation to the Congress. 

14 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

15 SERVICE

16 For an additional amount for ‘‘Emergencies in the 

17 Diplomatic and Consular Services’’, $4,000,000 for nec18 essary expenses to support response efforts related to the 

19 Zika virus and related health outcomes, other vector-borne 

20 diseases, or other infectious diseases, to remain available 

21 until expended: Provided, That such amount is designated 

22 by the Congress as an emergency requirement pursuant 

23 to section 251(b)(2)(A)(i) of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985, except that such 

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1 quently so designates such amounts and transmits such 

2 designation to the Congress. 

3 REPATRIATION LOANS PROGRAM ACCOUNT

4 For an additional amount for ‘‘Repatriation Loans 

5 Program Account’’ for the cost of direct loans, 

6 $1,000,000, to support the response efforts related to the 

7 Zika virus and related health outcomes, other vector-borne 

8 diseases, or other infectious diseases, to remain available 

9 until expended: Provided, That such costs, including the 

10 cost of modifying such loans, shall be as defined in section 

11 502 of the Congressional Budget Act of 1974: Provided 

12 further, That such funds are available to subsidize an addi13 tional amount of gross obligations for the principal 

14 amount of direct loans not to exceed $1,880,406: Provided 

15 further, That such amount is designated by the Congress 

16 as an emergency requirement pursuant to section 

17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985, except that such amounts 

19 shall be available only if the President subsequently so 

20 designates such amounts and transmits such designation 

21 to the Congress. 


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1 UNITED STATES AGENCY FOR INTERNATIONAL 

2 DEVELOPMENT 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 OPERATING EXPENSES

5 For an additional amount for ‘‘Operating Expenses’’, 

6 $10,000,000, to remain available until September 30, 

7 2017, for necessary expenses to support response efforts 

8 related to the Zika virus and related health outcomes, 

9 other vector-borne diseases, or other infectious diseases: 

10 Provided, That such amounts are designated by the Con11 gress as an emergency requirement pursuant to section 

12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985, except that such amounts 

14 shall be available only if the President subsequently so 

15 designates such amounts and transmits such designation 

16 to the Congress. 

17 BILATERAL ECONOMIC ASSISTANCE 

18 FUNDS APPROPRIATED TO THE PRESIDENT

19 GLOBAL HEALTH PROGRAMS

20 For an additional amount for ‘‘Global Health Pro21 grams’’, $325,000,000, to remain available until ex22 pended, for necessary expenses for assistance or research 

23 to prevent, treat, or otherwise respond to the Zika virus 

24 and related health outcomes, other vector-borne diseases, 

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1 priated under this heading may be made available for 

2 multi-year funding commitments to incentivize the devel3 opment of global health technologies: Provided further, 

4 That such amounts are designated by the Congress as an 

5 emergency requirement pursuant to section 

6 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985, except that such amounts 

8 shall be available only if the President subsequently so 

9 designates such amounts and transmits such designation 

10 to the Congress. 

11 INTERNATIONAL SECURITY ASSISTANCE 

12 DEPARTMENT OF STATE

13 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

14 RELATED PROGRAMS

15 For an additional amount for ‘‘Nonproliferation, 

16 Anti-Terrorism, Demining and Related Programs’’, 

17 $8,000,000, to remain available until September 30, 2017, 

18 for necessary expenses to support response and research 

19 efforts related to the Zika virus and related health out20 comes, other vector-borne diseases, or other infectious dis21 eases: Provided, That such amounts are designated by the 

22 Congress as an emergency requirement pursuant to sec23 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer24 gency Deficit Control Act of 1985, except that such 

25 amounts shall be available only if the President subseVerDate Sep 11 2014 04:24 Sep 16, 2016 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H6040.IH H6040

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1 quently so designates such amounts and transmits such 

2 designation to the Congress. 

3 MULTILATERAL ASSISTANCE 

4 FUNDS APPROPRIATED TO THE PRESIDENT

5 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

6 For an additional amount for ‘‘International Organi7 zations and Programs’’, $13,500,000, to remain available 

8 until September 30, 2017, for necessary expenses to sup9 port response and research efforts related to the Zika 

10 virus and related health outcomes, other vector-borne dis11 eases, or other infectious diseases: Provided, That such 

12 amounts are designated by the Congress as an emergency 

13 requirement pursuant to section 251(b)(2)(A)(i) of the 

14 Balanced Budget and Emergency Deficit Control Act of 

15 1985, except that such amounts shall be available only if 

16 the President subsequently so designates such amounts 

17 and transmits such designation to the Congress. 

18 GENERAL PROVISIONS—THIS TITLE 

19 TRANSFER AUTHORITY

20 SEC. 201. (a) Funds appropriated by this title under 

21 the headings ‘‘Global Health Programs’’, ‘‘Nonprolifera22 tion, Anti-Terrorism, Demining and Related Programs’’, 

23 ‘‘International Organizations and Programs’’, and ‘‘Oper24 ating Expenses’’ may be transferred to, and merged with, 


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1 funds appropriated by this title under such headings to 

2 carry out the purposes of this Act. 

3 (b) Funds appropriated by this title under the head4 ings ‘‘Diplomatic and Consular Programs’’, ‘‘Emergencies 

5 in the Diplomatic and Consular Service’’, and ‘‘Repatri6 ation Loans Program Account’’ may be transferred to, 

7 and merged with, funds appropriated by this title under 

8 such headings to carry out the purposes of this Act. 

9 (c) The transfer authorities provided by this section 

10 are in addition to any other transfer authority provided 

11 by law. 

12 (d) Upon a determination that all or part of the funds 

13 transferred pursuant to the authorities provided by this 

14 section are not necessary for such purposes, such amounts 

15 may be transferred back to such appropriations. 

16 REIMBURSEMENT AUTHORITY

17 SEC. 202. Funds appropriated by this Act may be 

18 used to reimburse accounts administered by the United 

19 States Agency for International Development and the De20 partment of State for obligations incurred for Zika virus 

21 response prior to the date of the enactment of this Act. 

22 AVAILABILITY OF FUNDS FOR INTERNATIONAL

23 ORGANIZATIONS

24 SEC. 203. Section 307(a) of the Foreign Assistance 

25 Act of 1961 shall not apply to funds appropriated by this 

26 Act. 


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1 PERSONAL SERVICE CONTRACTORS

2 SEC. 204. Funds available in this Act to support re3 sponse efforts related to the Zika virus and related health 

4 outcomes, other vector-borne diseases, or other infectious 

5 diseases may be used to enter into contracts with individ6 uals for the provision of personal services (as described 

7 in section 104 of part 37 of title 48, Code of Federal Reg8 ulations (48 C.F.R. 37.104)) in the United States or 

9 abroad: Provided, That such individuals may not be 

10 deemed employees of the United States for the purpose 

11 of any law administered by the Office of Personnel Man12 agement. 

13 TITLE III 

14 GENERAL PROVISIONS—THIS ACT 

15 ADJUSTMENT TO ALLOTMENTS UNDER THE PROGRAM OF

16 BLOCK GRANTS TO STATES FOR SOCIAL SERVICES

17 SEC. 301. Section 2003(c) of the Social Security Act 

18 (42 U.S.C. 1397b(c)) is amended— 

19 (1) in paragraph (10), by striking ‘‘and’’ at the 

20 end; 

21 (2) in paragraph (11), by striking ‘‘the fiscal 

22 year 2001 and each fiscal year thereafter.’’ and in23 serting ‘‘for fiscal year 2001 through fiscal year 

24 2016;’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(12) $1,487,257,866 for fiscal year 2017 

2 through fiscal year 2025; and 

3 ‘‘(13) $1,700,000,000 for fiscal year 2026 and 

4 each fiscal year thereafter.’’. 

Æ 


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