[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5044 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 5044
Making supplemental appropriations for fiscal year 2016 to respond to
Zika virus.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2016
Mrs. Lowey (for herself, Ms. DeLauro, and Ms. Wasserman Schultz)
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 to respond to
Zika virus.
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
Food and Drug Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$10,000,000, to remain available until expended, to prevent, prepare
for, and respond to Zika virus, other vector-borne diseases, or other
infectious diseases and related health outcomes, domestically and
internationally, and to develop necessary medical countermeasures and
vaccines, including the review, regulation, and post market
surveillance of vaccines and therapies, and administrative activities:
Provided, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That such amount shall be available only if the President
designates such amount as an emergency requirement pursuant to section
251(b)(2)(A).
Centers for Disease Control and Prevention
cdc-wide activities and program support
(including transfer of funds)
For an additional amount for ``CDC-Wide Activities and Program
Support'', $743,000,000, to remain available until expended, to
prevent, prepare for, and respond to Zika virus, other vector-borne
diseases, or other infectious diseases and related health outcomes,
domestically and internationally; and to carry out titles II, III, and
XVII of the Public Health Service (``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 apply to the use of funds appropriated in
this paragraph as determined by the Director of the Centers for Disease
Control and Prevention (``CDC'') to be appropriate: 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 funds appropriated in this
paragraph may be used for acquisition of real property (including long-
term ground leases) and equipment, and construction, demolition, or
renovation of facilities, including construction on leased land:
Provided further, That funds appropriated in this paragraph may be
transferred by the Director of CDC to other accounts of the CDC for the
purposes provided in this paragraph: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law: Provided further, That, upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
amount appropriated in this paragraph is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That such amount shall be available only if the
President designates such amount as an emergency requirement pursuant
to section 251(b)(2)(A).
National Institutes of Health
national institute of allergy and infectious diseases
For an additional amount for ``National Institute of Allergy and
Infectious Diseases'', $277,000,000, to remain available until
expended, to prevent, prepare for, and respond to Zika virus, other
vector-borne diseases, or other infectious 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 funds may be transferred by the Director of the National
Institutes of Health (``NIH'') to other accounts of the NIH for the
purposes provided in this paragraph: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law: Provided further, That, upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
amount appropriated in this paragraph is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That such amount shall be available only if the
President designates such amount as an emergency requirement pursuant
to section 251(b)(2)(A).
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'', $233,000,000, to remain available until expended, to
prevent, prepare for, and respond to Zika virus, other vector-borne
diseases, or other infectious 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 carrying out title III of the PHS Act and title V of the Social
Security Act to provide health care and related services in areas
affected by Zika virus: 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 funds appropriated in this paragraph may be
transferred to the fund authorized by section 319F-4 of the PHS Act:
Provided further, That funds appropriated in this paragraph may, for
purposes of providing primary health services in areas affected by Zika
virus, other vector-borne diseases, or other infectious 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 funds 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 funds may be used for the alteration or renovation of
nonfederally owned facilities to improve preparedness and response
capability at the State and local level: Provided further, That funds
appropriated in this paragraph may be transferred to other
appropriations of the Department of Health and Human Services, as
determined by the Secretary to be appropriate, to be used for the
purposes specified in this paragraph: Provided further, That any
transfers of these funds shall be made in consultation with the Office
of Management and Budget: Provided further, That the transfer authority
provided in this paragraph is in addition to any other transfer
authority provided by law: Provided further, That, upon a determination
that all or part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
amount appropriated in this paragraph is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That such amount shall be available only if the
President designates such amount as an emergency requirement pursuant
to section 251(b)(2)(A).
GENERAL PROVISIONS
(including transfer of funds)
Sec. 101. For purposes of preventing, preparing for, and
responding to Zika virus, other vector-borne diseases, or other
infectious diseases and related health outcomes domestically and
internationally, the Secretary of Health and Human Services may use
funds provided in this Act--
(1) 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; and
(2) 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 C.F.R.
37.104)), within the United States and abroad: 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.
Sec. 102. Section 3304 of title 5, United States Code, is amended
by adding at the end the following new subsection:
``(g) The heads of the Department of Health and Human Services,
Department of State, and the Agency for International Development may
appoint, without regard to the provisions of sections 3309 through
3319, candidates needed for positions to perform critical work in
direct response to a public health threat requiring an immediate
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 by this Act may be used to reimburse
accounts administered by the Department of Health and Human Services
for obligations incurred for Zika virus response prior to the date of
the enactment of this Act.
Sec. 104. Funds appropriated to the Department of Health and Human
Services in this Act may be transferred to and merged with other
Federal accounts for purposes specified in this Act following
consultation with the Office of Management and Budget: Provided, That
such transfer authority shall be in addition to any other transfer
authority provided by law: 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.
Sec. 105. Section 319F-2(c)(1)(B) of the Public Health Service Act
(42 U.S.C. 247d-6b(c)(1)(B)) is amended--
(1) in clause (i)(III)(bb), by striking ``; or'' and
inserting a semicolon;
(2) in clause (ii), by striking the period and inserting
``; or''; and
(3) by adding at the end the following new clause:
``(iii)(I) the Secretary determines to be a
necessary countermeasure to diagnose, mitigate,
prevent, or treat harm from any infectious
disease that may pose a threat to the public
health; and
``(II)(aa) is approved or cleared under
chapter V of the Federal Food, Drug, and
Cosmetic Act, or licensed under section 351 of
this Act; or
``(bb) is a countermeasure for which the
Secretary determines that sufficient and
satisfactory clinical experience or research
data (including data, if available, from pre-
clinical and clinical trials) support a
reasonable conclusion that the countermeasure
will qualify for approval or licensing within
10 years after the date of a determination
under subclause (I).''.
Sec. 106. (a)(1) For purposes of title XIX of the Social Security
Act, for the one-year period beginning with the first day of the first
full fiscal quarter following the date of the enactment of this
section, the Federal medical assistance percentage (``FMAP'') under
section 1905(b) of such Act for the Territories specified in paragraph
(2) shall be increased from 55 percent to 65 percent. Any net increase
in payment to such a territory under section 1903(a) of such Act, which
is attributable to such increased FMAP, shall be disregarded in
applying sections 1108(f) and 1108(g) of such Act to the territory.
(2) The Territories specified in this paragraph are the
Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Northern Mariana Islands.
(b) With respect to the amount needed for purposes of implementing
the raised FMAP under subsection (a) for each of fiscal years 2016 and
2017, such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, and such amount
shall be available only if the President designates such amount as an
emergency requirement pursuant to section 251(b)(2)(A).
TITLE II
DEPARTMENT OF STATE
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 $2,419,000 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 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, except that such amounts shall be available only if the
President subsequently so designates such amounts and transmits such
designation to the Congress.
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
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, except that such amounts shall be available only if the
President subsequently so designates such amounts and transmits such
designation to the Congress.
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 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, except that such amounts
shall be available only if the President subsequently so designates
such amounts and transmits such designation to the Congress.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount 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 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, except that
such amounts shall be available only if the President subsequently so
designates such amounts and transmits such designation to the Congress.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health programs
For an additional amount for ``Global Health Programs'',
$325,000,000, 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 funds
appropriated under this heading may be made available for multi-year
funding commitments to incentivize the development of global health
technologies: Provided further, 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, except that such amounts shall be available only if the
President subsequently so designates such amounts and transmits such
designation to the Congress.
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'', $8,000,000, 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 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, except that such amounts
shall be available only if the President subsequently so designates
such amounts and transmits such designation to the Congress.
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 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, except that such amounts shall be available only
if the President subsequently so designates such amounts and transmits
such designation to the Congress.
GENERAL PROVISIONS
use of ebola balances for other infectious diseases
Sec. 201. Unobligated balances of amounts appropriated under title
IX of the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235) shall also
be available for necessary expenses for operations, 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 amounts repurposed pursuant to this
section 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, except that such amounts shall
be available only if the President subsequently so designates such
amounts and transmits such designation to the Congress.
transfer authority
Sec. 202. (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 Act.
(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 Act.
(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.
reimbursement authority
Sec. 203. Funds appropriated by this Act may be used to reimburse
accounts administered by the United States Agency for International
Development and the Department of State for obligations incurred for
Zika virus response prior to the date of the enactment of this Act.
availability of funds for international organizations
Sec. 204. Section 307(a) of the Foreign Assistance Act of 1961
shall not apply to funds appropriated by this Act.
notwithstanding authority
Sec. 205. Funds appropriated or otherwise made available under this
Act and prior Acts making appropriations for the Department of State,
Foreign Operations, and Related Programs that are made available to
support Zika virus response and related activities may be made
available notwithstanding any other provision of law.
personal service contractors
Sec. 206. Funds available in 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 C.F.R. 37.104)) in the United States or abroad:
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.
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