I 

114TH CONGRESS 

2D SESSION H. R. 5243 

Making appropriations for the fiscal year ending September 30, 2016, to 

strengthen public health activities in response to the Zika virus, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 16, 2016 

Mr. ROGERS of Kentucky 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 appropriations for the fiscal year ending September 

30, 2016, to strengthen public health activities in response 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 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2016, and for other pur6 poses, namely: 


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1 TITLE I 

2 DEPARTMENT OF HEALTH AND HUMAN 

3 SERVICES 

4 CENTERS FOR DISEASE CONTROL AND PREVENTION

5 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

6 (INCLUDING TRANSFER OF FUNDS)

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

8 and Program Support’’, $170,000,000, which shall be9 come available upon enactment of this Act and remain 

10 available until September 30, 2016, to prevent, prepare 

11 for, and respond to Zika virus, domestically and inter12 nationally: Provided, That products purchased with such 

13 funds may, at the discretion of the Secretary of Health 

14 and Human Services, be deposited in the Strategic Na15 tional Stockpile under section 319F–2 of the Public 

16 Health Service (‘‘PHS’’) Act: Provided further, That such 

17 funds may be used for purchase and insurance of official 

18 motor vehicles in foreign countries: Provided further, That 

19 the provisions of section 317S of the PHS Act shall apply 

20 to the use of funds appropriated in this paragraph as de21 termined by the Director of the Centers for Disease Con22 trol and Prevention (‘‘CDC’’) to be appropriate: Provided 

23 further, That funds appropriated in this paragraph may 

24 be transferred by the Director of CDC to other accounts 

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


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1 Provided further, That of the funds appropriated under 

2 this heading, up to $50,000,000 may be transferred to, 

3 and merged with, funds appropriated under the heading 

4 ‘‘Health Resources and Services Administration—Mater5 nal and Child Health’’ for an additional amount for the 

6 Maternal and Child Health Services Block Grant Program 

7 only for the following activities related to patient care as8 sociated with the Zika virus: prenatal care, delivery care, 

9 postpartum care, newborn health assessments, and care 

10 for infants with special health care needs: Provided fur11 ther, That such transfer authority is in addition to any 

12 other transfer authority provided by law: Provided further, 

13 That such transferred funds may be awarded notwith14 standing section 502 of the Social Security Act: Provided 

15 further, That such transferred funds may be awarded for 

16 special projects of regional and national significance to 

17 States, Puerto Rico, other Territories, Indian Tribes, 

18 Tribal Organizations and Urban Indian Organizations au19 thorized under title V of such Act: Provided further, That 

20 no funding provided by a grant from funds in the fifth 

21 proviso may be used to make a grant to any other organi22 zation or individual. 


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1 NATIONAL INSTITUTES OF HEALTH

2 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

3 DISEASES

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for ‘‘National Institute of 

6 Allergy and Infectious Diseases’’, $230,000,000, which 

7 shall become available upon enactment of this Act and re8 main available until September 30, 2016, for preclinical 

9 and clinical development of vaccines for the Zika virus: 

10 Provided, That such funds may be transferred by the Di11 rector of the National Institutes of Health (‘‘NIH’’) to 

12 other accounts of the NIH for the purposes provided in 

13 this paragraph: Provided further, That such transfer au14 thority is in addition to any other transfer authority pro15 vided by law: Provided further, That such amount is des16 ignated by the Congress as an emergency requirement 

17 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg18 et and Emergency Deficit Control Act of 1985, except that 

19 such amount shall be available only if the President subse20 quently so designates such amount and transmits such 

21 designation to the Congress. 


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1 OFFICE OF THE SECRETARY

2 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

3 FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for ‘‘Public Health and So6 cial Services Emergency Fund’’, $103,000,000, which 

7 shall become available upon enactment of this Act and re8 main available until September 30, 2016, to develop nec9 essary countermeasures and vaccines, including the devel10 opment and purchase of vaccines, therapeutics, 

11 diagnostics, necessary medical supplies, and administra12 tive activities to respond to Zika virus, domestically and 

13 internationally: Provided, That funds appropriated in this 

14 paragraph may be used to procure security counter15 measures (as defined in section 319F–2(c)(1)(B) of the 

16 PHS Act): Provided further, That paragraphs (1) and 

17 (7)(C) of subsection (c) of section 319F–2 of the PHS 

18 Act, but no other provisions of such section, shall apply 

19 to such security countermeasures procured with funds ap20 propriated in this paragraph: Provided further, That prod21 ucts purchased with funds appropriated in this paragraph 

22 may, at the discretion of the Secretary of Health and 

23 Human Services, be deposited in the Strategic National 

24 Stockpile under section 319F–2 of the PHS Act: Provided 

25 further, That funds appropriated in this paragraph may 


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1 be transferred to the fund authorized by section 319F– 

2 4 of the PHS Act: Provided further, That such amount 

3 is designated by the Congress as an emergency require4 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

5 Budget and Emergency Deficit Control Act of 1985, ex6 cept that such amount shall be available only if the Presi7 dent subsequently so designates such amount and trans8 mits such designation to the Congress. 

9 GENERAL PROVISIONS—THIS TITLE 

10 NOTIFICATION REQUIREMENT

11 SEC. 101. Funds appropriated by this title shall only 

12 be available for obligation if the Secretary of Health and 

13 Human Services notifies the Committees on Appropria14 tions in writing at least 15 days in advance of such obliga15 tion: Provided, That the requirement of this section may 

16 be waived if failure to do so would pose a substantial risk 

17 to human health or welfare: Provided further, That in case 

18 of any such waiver, notification to such Committees shall 

19 be provided as early as practicable, but in no event later 

20 than 3 days after taking the action to which such notifica21 tion requirement was applicable: Provided further, That 

22 any notification provided pursuant to such a waiver shall 

23 contain an explanation of the emergency circumstances. 


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1 REPORTING REQUIREMENT

2 SEC. 102. Not later than 30 days after enactment 

3 of this Act the Secretary of Health and Human Services 

4 shall submit to the Committees on Appropriations a con5 solidated report on the proposed uses of funds appro6 priated by this title for which the obligation of funds is 

7 anticipated: Provided, That such report shall be updated 

8 and submitted to such Committees every 30 days until all 

9 funds have been fully expended. 

10 OVERSIGHT

11 SEC. 103. Of the funds appropriated by this title 

12 under the heading ‘‘Centers for Disease Control and Pre13 vention’’, up to— 

14 (1) $500,000 shall be transferred to, and 

15 merged with, funds available under the heading ‘‘Of16 fice of Inspector General’’, and shall remain avail17 able until expended, for oversight of activities sup18 ported with funds appropriated by this title: Pro19 vided, That the transfer authority provided by this 

20 paragraph is in addition to any other transfer au21 thority provided by law; and 

22 (2) $500,000 shall be made available to the 

23 Comptroller General of the United States, and shall 

24 remain available until expended, for oversight of ac25 tivities supported with funds appropriated by the 


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1 title: Provided, That the Secretary of Health and 

2 Human Services shall consult with the Committees 

3 on Appropriations prior to obligating such funds. 

4 TITLE II 

5 DEPARTMENT OF STATE 

6 ADMINISTRATION OF FOREIGN AFFAIRS

7 DIPLOMATIC AND CONSULAR PROGRAMS

8 For an additional amount for ‘‘Diplomatic and Con9 sular Programs’’, $9,100,000, which shall become avail10 able upon enactment of this Act and remain available until 

11 September 30, 2016, for necessary expenses to support the 

12 cost of medical evacuations and other response efforts re13 lated to the Zika virus and health conditions directly asso14 ciated with the Zika virus: Provided, That such amount 

15 is designated by the Congress as an emergency require16 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

17 Budget and Emergency Deficit Control Act of 1985, ex18 cept that such amount shall be available only if the Presi19 dent subsequently so designates such amount and trans20 mits such designation 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, which shall become available upon enact7 ment of this Act and remain available until September 30, 

8 2016, for necessary expenses to support response efforts 

9 related to the Zika virus and health conditions directly as10 sociated with the Zika virus: Provided, That such amount 

11 is designated by the Congress as an emergency require12 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

13 Budget and Emergency Deficit Control Act of 1985, ex14 cept that such amount shall be available only if the Presi15 dent subsequently so designates such amount and trans16 mits such designation 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’’, $100,000,000, which shall become available upon 

22 enactment of this Act and remain available until Sep23 tember 30, 2016, for vector control activities to prevent, 

24 prepare for, and respond to the Zika virus internationally. 


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1 GENERAL PROVISIONS—THIS TITLE 

2 TRANSFER AUTHORITIES

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 201. (a) Of the funds appropriated by this title 

5 under the heading ‘‘Diplomatic and Consular Programs’’, 

6 up to— 

7 (1) $1,350,000 may be made available for med8 ical evacuation costs of any other department or 

9 agency of the United States under Chief of Mission 

10 authority and may be transferred to any other ap11 propriation of such department or agency for such 

12 costs; and 

13 (2) $1,000,000 may be transferred to, and 

14 merged with, funds available under the heading 

15 ‘‘Emergencies in the Diplomatic and Consular Serv16 ice’’. 

17 (b) The transfer authorities provided by this section 

18 are in addition to any other transfer authority provided 

19 by law. 

20 (c) Any amount transferred pursuant to this section 

21 is designated by the Congress as an emergency require22 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 

23 Budget and Emergency Deficit Control Act of 1985, ex24 cept that such amount shall be available only if the PresiVerDate Sep 11 2014 00:30 May 17, 2016 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5243.IH H5243

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1 dent subsequently so designates such amount and trans2 mits such designation to Congress. 

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

4 transferred pursuant to the authorities provided by this 

5 section are not necessary for such purposes, such amounts 

6 may be transferred back to such appropriation. 

7 NOTIFICATION REQUIREMENT

8 SEC. 202. Funds appropriated by this title shall only 

9 be available for obligation if the Secretary of State or the 

10 Administrator of the United States Agency for Inter11 national Development, as appropriate, notifies the Com12 mittees on Appropriations in writing at least 15 days in 

13 advance of such obligation: Provided, That the require14 ment of this section may be waived if failure to do so 

15 would pose a substantial risk to human health or welfare: 

16 Provided further, That in case of any such waiver, notifica17 tion to such Committees shall be provided as early as prac18 ticable, but in no event later than 3 days after taking the 

19 action to which such notification requirement was applica20 ble: Provided further, That any notification provided pur21 suant to such a waiver shall contain an explanation of the 

22 emergency circumstances. 

23 REPORTING REQUIREMENT

24 SEC. 203. Not later than 30 days after enactment 

25 of this Act the Secretary of State, in consultation with 


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1 the Administrator of the United States Agency for Inter2 national Development, shall submit to the Committees on 

3 Appropriations a consolidated report on the proposed uses 

4 of funds appropriated by this title for which the obligation 

5 of funds is anticipated: Provided, That such report shall 

6 be updated and submitted to such Committees every 30 

7 days until all funds have been fully expended. 

8 OVERSIGHT

9 SEC. 204. Of the funds appropriated by this title 

10 under the heading ‘‘Global Health Programs’’, up to— 

11 (1) $500,000 shall be transferred to, and 

12 merged with, funds available under the heading 

13 ‘‘United States Agency for International Develop14 ment, Funds Appropriated to the President, Office 

15 of Inspector General’’, and shall remain available 

16 until expended, for oversight of activities supported 

17 with funds appropriated by this title: Provided, That 

18 the transfer authority provided by this paragraph is 

19 in addition to any other transfer authority provided 

20 by law; and 

21 (2) $500,000 shall be made available to the 

22 Comptroller General of the United States, and shall 

23 remain available until expended, for oversight of ac24 tivities supported with funds appropriated by this 

25 title: Provided, That the Secretary of State and the 


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1 Comptroller General shall consult with the Commit2 tees on Appropriations prior to obligating such 

3 funds. 

4 TITLE III 

5 GENERAL PROVISIONS—THIS ACT 

6 (INCLUDING RESCISSIONS OF FUNDS)

7 SEC. 301. (a) Of the unobligated balances of amounts 

8 appropriated under title VI of the Departments of Labor, 

9 Health and Human Services, and Education, and Related 

10 Agencies Appropriations Act, 2015 (division G of Public 

11 Law 113–235) and title IX of the Department of State, 

12 Foreign Operations, and Related Programs Appropria13 tions Act, 2015 (division J of Public Law 113–235), 

14 $352,100,000 are rescinded: Provided, That after con15 sultation with the Secretary of State and the Secretary 

16 of Health and Human Services, the Director of the Office 

17 of Management and Budget (OMB Director) shall deter18 mine the accounts and amounts from which the rescission 

19 is to be derived and apply the rescission made pursuant 

20 to this subsection: Provided further, That not later than 

21 30 days after enactment of this Act, the OMB Director 

22 shall transmit a report to the Committees on Appropria23 tions detailing the amounts rescinded pursuant to this sec24 tion by agency, account, program, project, and activity. 


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1 (b) Of the unobligated balances available in the Non2 recurring expenses fund established in section 223 of divi3 sion G of Public Law 110–161 (42 U.S.C. 3514a) from 

4 any fiscal year, including amounts transferred to the Non5 recurring expenses fund under that section before, on, or 

6 after the date of enactment of this Act, $270,000,000 are 

7 rescinded. 

8 SEC. 302. Unless otherwise provided for by this Act, 

9 the additional amounts appropriated pursuant to this Act 

10 for fiscal year 2016 are subject to the requirements for 

11 funds contained in the Consolidated Appropriations Act, 

12 2016 (Public Law 114–113). 

13 This Act may be cited as the ‘‘Zika Response Appro14 priations Act, 2016’’. 

Æ 


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