[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2843 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2843

 To provide emergency supplemental appropriations to address the Zika 
                                crisis.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 21, 2016

Mr. Nelson (for himself, Mr. Reid, Mr. Schumer, Ms. Hirono, Ms. Warren, 
 Mr. Franken, Mr. Durbin, Mrs. Feinstein, Mr. Menendez, Mr. Reed, and 
 Mrs. Gillibrand) introduced the following bill; which was read twice 
            and referred to the Committee on Appropriations

_______________________________________________________________________

                                 A BILL


 
 To provide emergency supplemental appropriations to address the Zika 
                                crisis.

    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 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:

                                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'', $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 (referred to in this title as the 
``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).

                        Departmental Management

            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).

                     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).

                      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).

                      general provisions--this act

                     (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:
    ``(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.

                           transfer authority

    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 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) In General.--
            (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 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.
            (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) 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).

                                TITLE II

          DEPARTMENT OF STATE AND OTHER INTERNATIONAL PROGRAMS

                   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) 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).

                   Administration of Foreign Affairs

           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) 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).

                   Administration of Foreign Affairs

                   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) 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).

                                 Other

                         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 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).

                   INTERNATIONAL ASSISTANCE PROGRAMS

                   International Security Assistance

    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 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).

                        Multilateral Assistance

                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 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).

                  Agency for International Development

                           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 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).

    GENERAL PROVISIONS--DEPARTMENT OF STATE AND OTHER INTERNATIONAL 
                                PROGRAMS

          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) 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).

                           transfer authority

    Sec. 202. (a) 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.
    (b) 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.
    (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 enactment of this Act.

           availability of funds for international operations

    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.

                       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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