That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Health and Human Services and the Department of State, and related agencies for the fiscal year ending September 30, 2016, and for other purposes, namely:
To provide emergency supplemental appropriations to address the Zika crisis.
A BILL
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—
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
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:
“(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 title 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 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
in clause (i)(III)(bb), by striking “; or” and inserting a semicolon;
in clause (ii), by striking the period and inserting “; or”; and
by adding 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
In general—
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 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 raised 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 raised FMAP, shall be disregarded in applying sections 1108(f) and 1108(g) of such Act to the territory.
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.
Availability of appropriations for implementing increased FMAP— 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).
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) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That such amounts shall be available only if the President designates such amounts as an emergency requirement pursuant to section 251(b)(2)(A).
Sec. 202
Funds appropriated by this Act 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 Act under such headings to carry out the purposes of this Act.
Funds appropriated by this Act under the headings “Diplomatic and Consular Programs”, “Emergencies in the Diplomatic and Consular Service”, and “Repatriation Loan Programs” may be transferred to, and merged with, funds appropriated by this Act under such headings to carry out the purposes of this Act.
The transfer authorities provided by this section are in addition to any other transfer authority provided by law.
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.
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 enactment of this Act.
Sec. 204
Section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)) shall not apply to funds appropriated by this Act.
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.
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.