Zika Response Appropriations Act, 2016

Summary: .  Highlights: This bill provides FY2016 supplemental appropriations to the Departments of Health and Human Services (HHS) and State to respond to the Zika virus. The bill also rescinds unobligated balances of prior appropriations.  The bill permits the funds to be used for the duration of FY2016, designates specified funds as emergency requirements, and sets forth congressional reporting and notification requirements.  Full Summary:  Zika Response Appropriations Act, 2016  TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES  Provides appropriations to HHS for:    the Centers for Disease Control and Prevention to prevent, prepare for, and respond to the Zika virus, domestically and internationally;   the National Institutes of Health for the preclinical and clinical development of vaccines for the Zika virus; and   the Public Health and Social Services Emergency Fund within the Office of the Secretary to develop necessary countermeasures and vaccines to respond to the Zika virus, domestically and internationally.  (Sec. 101) Requires HHS to notify Congress at least 15 days in advance of obligating the funds provided by this title. Permits a waiver for a substantial risk to human health or welfare.  (Sec. 102) Requires HHS to report monthly to Congress on the proposed uses of funds provided by this title.  (Sec. 103) Provides funding to the HHS Office of Inspector General and the Government Accountability Office (GAO) for the oversight of activities funded by this title.  TITLE II--DEPARTMENT OF STATE  Provides appropriations to the State Department for the Administration of Foreign Affairs, the United States Agency for International Development (USAID), and Bilateral Economic Assistance, including funds for:    Diplomatic and Consular Programs for medical evacuations and other response efforts related to the Zika virus and directly associated health conditions;  USAID response efforts related to the Zika virus and directly associated health conditions; and   Global Health Programs for mosquito control (vector control) efforts to prevent, prepare for, and respond to the Zika virus internationally.  (Sec. 201) Permits specified funds provided by this bill for Diplomatic and Consular Programs to be: (1) used for medical evacuation costs of any U.S. department or agency under Chief of Mission authority, and (2) transferred and merged with funds available for Emergencies in the Diplomatic and Consular Service.  (Sec. 202) Requires the State Department or the USAID to notify Congress at least 15 days in advance of obligating the funds provided by this title. Permits a waiver for a substantial risk to human health or welfare.  (Sec. 203) Requires the State Department, in consultation with the USAID, to report monthly to Congress on the proposed uses of funds provided by this title.  (Sec. 204) Provides funding to the USAID Office of Inspector General and the GAO for the oversight of activities funded by this title.  TITLE III--GENERAL PROVISIONS--THIS ACT  (Sec. 301) Rescinds specified unobligated balances of funds that were previously provided to HHS and the State Department for the Ebola outbreak and to HHS for the Nonrecurring Expenses Fund.  (Sec. 302) Specifies that, unless otherwise indicated in this bill, the funds provided by this bill are subject to the requirements contained in the Consolidated Appropriations Act, 2016. 

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

               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'', $170,000,000, which shall become available upon enactment of 
this Act and remain available until September 30, 2016, to prevent, 
prepare for, and respond to Zika virus, domestically and 
internationally: Provided, That products purchased with such 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 Public Health Service (``PHS'') Act: Provided further, That such 
funds may be used for purchase and insurance of official motor vehicles 
in foreign countries: Provided further, That the provisions of 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 transferred by the 
Director of CDC to other accounts of the CDC for the purposes provided 
in this paragraph: Provided further, That of the funds appropriated 
under this heading, up to $50,000,000 may be transferred to, and merged 
with, funds appropriated under the heading ``Health Resources and 
Services Administration--Maternal and Child Health'' for an additional 
amount for the Maternal and Child Health Services Block Grant Program 
only for the following activities related to patient care associated 
with the Zika virus: prenatal care, delivery care, postpartum care, 
newborn health assessments, and care for infants with special health 
care needs: Provided further, That such transfer authority is in 
addition to any other transfer authority provided by law: Provided 
further, That such transferred funds may be awarded notwithstanding 
section 502 of the Social Security Act: Provided further, That such 
transferred funds may be awarded for special projects of regional and 
national significance to States, Puerto Rico, other Territories, Indian 
Tribes, Tribal Organizations and Urban Indian Organizations authorized 
under title V of such Act: Provided further, That no funding provided 
by a grant from funds in the fifth proviso may be used to make a grant 
to any other organization or individual.

                     National Institutes of Health

         national institute of allergy and infectious diseases

                     (including transfer of funds)

    For an additional amount for ``National Institute of Allergy and 
Infectious Diseases'', $230,000,000, which shall become available upon 
enactment of this Act and remain available until September 30, 2016, 
for preclinical and clinical development of vaccines for the Zika 
virus: 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 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 amount shall be available only if the 
President subsequently so designates such amount and transmits such 
designation to the Congress.

                        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'', $103,000,000, which shall become available upon 
enactment of this Act and remain available until September 30, 2016, to 
develop necessary countermeasures and vaccines, including the 
development and purchase of vaccines, therapeutics, diagnostics, 
necessary medical supplies, and administrative activities to respond to 
Zika virus, domestically and internationally: 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): 
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 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 amount shall be available only if the President subsequently so 
designates such amount and transmits such designation to the Congress.

                     GENERAL PROVISIONS--THIS TITLE

                        notification requirement

    Sec. 101.  Funds appropriated by this title shall only be available 
for obligation if the Secretary of Health and Human Services notifies 
the Committees on Appropriations in writing at least 15 days in advance 
of such obligation: Provided, That the requirement of this section may 
be waived if failure to do so would pose a substantial risk to human 
health or welfare: Provided further, That in case of any such waiver, 
notification to such Committees shall be provided as early as 
practicable, but in no event later than 3 days after taking the action 
to which such notification requirement was applicable: Provided 
further, That any notification provided pursuant to such a waiver shall 
contain an explanation of the emergency circumstances.

                         reporting requirement

    Sec. 102.  Not later than 30 days after enactment of this Act the 
Secretary of Health and Human Services shall submit to the Committees 
on Appropriations a consolidated report on the proposed uses of funds 
appropriated by this title for which the obligation of funds is 
anticipated: Provided, That such report shall be updated and submitted 
to such Committees every 30 days until all funds have been fully 
expended.

                               oversight

    Sec. 103.  Of the funds appropriated by this title under the 
heading ``Centers for Disease Control and Prevention'', up to--
            (1) $500,000 shall be transferred to, and merged with, 
        funds available under the heading ``Office of Inspector 
        General'', and shall remain available until expended, for 
        oversight of activities supported with funds appropriated by 
        this title: Provided, That the transfer authority provided by 
        this paragraph is in addition to any other transfer authority 
        provided by law; and
            (2) $500,000 shall be made available to the Comptroller 
        General of the United States, and shall remain available until 
        expended, for oversight of activities supported with funds 
        appropriated by the title: Provided, That the Secretary of 
        Health and Human Services shall consult with the Committees on 
        Appropriations prior to obligating such funds.

                                TITLE II

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    For an additional amount for ``Diplomatic and Consular Programs'', 
$9,100,000, which shall become available upon enactment of this Act and 
remain available until September 30, 2016, for necessary expenses to 
support the cost of medical evacuations and other response efforts 
related to the Zika virus and health conditions directly associated 
with the Zika virus: 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 amount shall be available only if the 
President subsequently so designates such amount 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, 
which shall become available upon enactment of this Act and remain 
available until September 30, 2016, for necessary expenses to support 
response efforts related to the Zika virus and health conditions 
directly associated with the Zika virus: 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 amount shall be available only if 
the President subsequently so designates such amount 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'', 
$100,000,000, which shall become available upon enactment of this Act 
and remain available until September 30, 2016, for vector control 
activities to prevent, prepare for, and respond to the Zika virus 
internationally.

                     GENERAL PROVISIONS--THIS TITLE

                          transfer authorities

                     (including transfer of funds)

    Sec. 201. (a) Of the funds appropriated by this title under the 
heading ``Diplomatic and Consular Programs'', up to--
            (1) $1,350,000 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; and
            (2) $1,000,000 may be transferred to, and merged with, 
        funds available under the heading ``Emergencies in the 
        Diplomatic and Consular Service''.
    (b) The transfer authorities provided by this section are in 
addition to any other transfer authority provided by law.
    (c) Any amount transferred pursuant to this section 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 amount shall be available only if the 
President subsequently so designates such amount and transmits such 
designation to Congress.
    (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 
appropriation.

                        notification requirement

    Sec. 202.  Funds appropriated by this title shall only be available 
for obligation if the Secretary of State or the Administrator of the 
United States Agency for International Development, as appropriate, 
notifies the Committees on Appropriations in writing at least 15 days 
in advance of such obligation: Provided, That the requirement of this 
section may be waived if failure to do so would pose a substantial risk 
to human health or welfare: Provided further, That in case of any such 
waiver, notification to such Committees shall be provided as early as 
practicable, but in no event later than 3 days after taking the action 
to which such notification requirement was applicable: Provided 
further, That any notification provided pursuant to such a waiver shall 
contain an explanation of the emergency circumstances.

                         reporting requirement

    Sec. 203.  Not later than 30 days after enactment of this Act the 
Secretary of State, in consultation with the Administrator of the 
United States Agency for International Development, shall submit to the 
Committees on Appropriations a consolidated report on the proposed uses 
of funds appropriated by this title for which the obligation of funds 
is anticipated: Provided, That such report shall be updated and 
submitted to such Committees every 30 days until all funds have been 
fully expended.

                               oversight

    Sec. 204.  Of the funds appropriated by this title under the 
heading ``Global Health Programs'', up to--
            (1) $500,000 shall be transferred to, and merged with, 
        funds available under the heading ``United States Agency for 
        International Development, Funds Appropriated to the President, 
        Office of Inspector General'', and shall remain available until 
        expended, for oversight of activities supported with funds 
        appropriated by this title: Provided, That the transfer 
        authority provided by this paragraph is in addition to any 
        other transfer authority provided by law; and
            (2) $500,000 shall be made available to the Comptroller 
        General of the United States, and shall remain available until 
        expended, for oversight of activities supported with funds 
        appropriated by this title: Provided, That the Secretary of 
        State and the Comptroller General shall consult with the 
        Committees on Appropriations prior to obligating such funds.

                               TITLE III

                      GENERAL PROVISIONS--THIS ACT

                    (including rescissions of funds)

    Sec. 301. (a) Of the unobligated balances of amounts appropriated 
under title VI of the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies Appropriations Act, 2015 (division 
G of Public Law 113-235) and title IX of the Department of State, 
Foreign Operations, and Related Programs Appropriations Act, 2015 
(division J of Public Law 113-235), $352,100,000 are rescinded: 
Provided, That after consultation with the Secretary of State and the 
Secretary of Health and Human Services, the Director of the Office of 
Management and Budget (OMB Director) shall determine the accounts and 
amounts from which the rescission is to be derived and apply the 
rescission made pursuant to this subsection: Provided further, That not 
later than 30 days after enactment of this Act, the OMB Director shall 
transmit a report to the Committees on Appropriations detailing the 
amounts rescinded pursuant to this section by agency, account, program, 
project, and activity.
    (b) Of the unobligated balances available in the Nonrecurring 
expenses fund established in section 223 of division G of Public Law 
110-161 (42 U.S.C. 3514a) from any fiscal year, including amounts 
transferred to the Nonrecurring expenses fund under that section 
before, on, or after the date of enactment of this Act, $270,000,000 
are rescinded.
    Sec. 302.  Unless otherwise provided for by this Act, the 
additional amounts appropriated pursuant to this Act for fiscal year 
2016 are subject to the requirements for funds contained in the 
Consolidated Appropriations Act, 2016 (Public Law 114-113).
     This Act may be cited as the ``Zika Response Appropriations Act, 
2016''.

            Passed the House of Representatives May 18, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.