Making supplemental appropriations for fiscal year 2016 to respond to Zika virus.

Making supplemental appropriations for fiscal year 2016 to respond to Zika virus. 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: I Department of Health and Human Services Food and Drug Administration Salaries and Expenses For an additional amount for Salaries and Expenses Provided Provided further 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 PHS Provided Provided further Provided further CDC Provided further Provided further Provided further Provided further Provided further Provided further Provided further National Institutes of Health National Institute of Allergy and Infectious Diseases For an additional amount for National Institute of Allergy and Infectious Diseases Provided NIH Provided further Provided further Provided further Provided further 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 Provided Provided further Provided further Provided further Provided further NHSC Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further General Provisions (Including Transfer of Funds) 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 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. . 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. 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 Provided further 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 (2) in clause (ii), by striking the period and inserting ; or (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). . 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 (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). II Department of State Administration of Foreign Affairs Diplomatic and Consular Programs For an additional amount for Diplomatic and Consular Programs Provided Provided further Emergencies in the Diplomatic and Consular Service For an additional amount for Emergencies in the Diplomatic and Consular Services Provided Repatriation Loans Program Account For an additional amount for Repatriation Loans Program Account Provided Provided further Provided further United States Agency for International Development Funds Appropriated to the President Operating Expenses For an additional amount for Operating Expenses Provided Bilateral Economic Assistance Funds Appropriated to the President Global Health Programs For an additional amount for Global Health Programs Provided Provided further 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 Provided Multilateral Assistance Funds Appropriated to the President International Organizations and Programs For an additional amount for International Organizations and Programs Provided General Provisions 201. Use of Ebola balances for other infectious diseases 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 Provided 202. Transfer authority (a) Funds appropriated by this title under the headings Global Health Programs Nonproliferation, Anti-Terrorism, Demining and Related Programs International Organizations and Programs Operating Expenses (b) Funds appropriated by this title under the headings Diplomatic and Consular Programs Emergencies in the Diplomatic and Consular Service Repatriation Loans Program Account (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. 203. Reimbursement authority 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. 204. Availability of funds for international organizations Section 307(a) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated by this Act. 205. Notwithstanding authority 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. 206. Personal service contractors 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

Summary: This bill provides FY2016 emergency supplemental appropriations to the Departments of State and Health and Human Services (HHS) to prevent, prepare for, and respond to the Zika virus and other infectious diseases. The bill specifies permissible uses for the funds and designates the funds as an emergency requirement, which exempts the funds from discretionary spending limits. The bill provides appropriations to HHS for: the Food and Drug Administration, the Centers for Disease Control and Prevention, the National Institutes of Health, and the Public Health and Social Services Emergency Fund. The bill amends the Public Health Service Act to permit Project BioShield to be used to support the advanced development and procurement of medical countermeasures to diagnose, mitigate, prevent, or treat harm from any infectious disease that may pose a threat to the public health. (Under current law, Project BioShield supports only countermeasures against specific chemical, biological, radiological, and nuclear terrorist threats.) The bill temporarily increases from 55% to 65% the Medicaid Federal Medical Assistance Percentage in the territories (Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands). The bill provides appropriations to the Department of State for: the Administration of Foreign Affairs, the U.S. Agency for International Development, Bilateral Economic Assistance, International Security Assistance, and Multilateral Assistance. Unobligated balances of specified funds provided for the Ebola virus may be used to respond to the Zika virus and other infectious diseases.