[Congressional Record Volume 162, Number 62 (Thursday, April 21, 2016)]
[Senate]
[Pages S2390-S2393]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By 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):
  S. 2843. A bill to provide emergency supplemental appropriations to 
address the Zika crisis; to the Committee on Appropriations.
  Mr. NELSON. Mr. President, I rise to announce that Senator Reid of 
Nevada and I will be introducing legislation that is the President's 
emergency funding request to respond to the Zika virus. I have been on 
the floor many times talking about the ravages of the Zika virus. It is 
up to 91 cases in my State of Florida. Fortunately, none of them 
originated in the State. It is all because of a mosquito bite or some 
other means of transmission, such as sexual contact, that has been done 
outside of Florida. That is particularly true in the warmer climates of 
the Caribbean, Central America, and Latin America.
  We know the devastating consequences of someone getting this virus--
not as a virus, because it has the effects of a mild flu, but if a 
mosquito infects a pregnant woman, the researchers understand that if 
it is any time during the 9 months of the pregnancy, it has the 
disastrous consequences of severe deformities. What is the result of 
that? The result is not only trauma to the family involved, enormous 
tragedy, but look at what the social cost is going to be.
  The World Health Organization declares this a public health emergency 
of international concern. The last time the World Health Organization 
declared such an emergency was for Ebola.
  Last week our CDC announced that it is ``scarier than they had 
initially thought'' and that it could be linked to other birth defects, 
not just the shrunken head and brain that is so horrendous to see 
pictures of.
  This isn't just in Florida; 800 Americans in 40 States and 
territories have been infected. Of course, my State, with 91 cases, has 
been hit the hardest, and it has spread across 15 counties. The three 
most recent cases were in the Miami area, and in Florida it includes 
five pregnant women.
  Now we are going into the warmer summer months, and this is when the 
mosquitos breed all the more. This particular mosquito carries the 
dengue virus, which has its own drastic consequences.
  This mosquito is all over Puerto Rico. There is an estimate that 20 
percent of the population of Puerto Rico may eventually be infected. If 
that is the case, you can wonder, out of that 20 percent of the 
population, how many are pregnant women. In a territory of the United 
States where American citizens reside, you can start to see the extreme 
depravity and social cost that will result, all at the same time that 
Puerto Rico is going through this tremendous financial crisis.
  Yesterday I spoke at length to Senator Hatch, the chairman of the 
Finance Committee. I believe he and his staff director are quite 
sincere about trying to do something about the financial condition of 
Puerto Rico, but now, on top of that, this additional plague is added.
  At the end of the day, we have to do whatever we can to help Puerto 
Rico in its financial crisis but now especially to help curb the spread 
of this virus.
  It is also in Haiti. It just so happens that we have a large Haitian 
American population in Florida. It is particularly running rampant 
throughout South America, including Brazil. Guess what is going to 
happen this summer. The Olympics will be in Brazil, and people from all 
over the world will be going.
  It is time to address this problem head-on with the administration's 
request for $1.9 billion in emergency funding. There are rumors that 
the Appropriations Committee is looking at a figure of $1.1 billion by 
stripping out the $250 million that would go through CMS because of the 
Federal Medicaid assistance increase to support Puerto Rico's Medicaid 
Program.
  What have I just said? They are already in crisis, their Medicaid 
funds have already been cut, and now we are not going to give this 
assistance to a population where 20 percent is going to be infected? 
The Appropriations Committee shouldn't cut out that $250 million.
  There is also the rumor that the Appropriations Committee is going to 
cut out some $589 million of the request that would go back to 
replenish the Ebola crisis fund; that in order to meet the emergency, 
the administration took that money--just under $600 million--over to 
address the Zika crisis until we can get off our duffs here in Congress 
and appropriate the emergency appropriations.
  I hope the Appropriations Committee will think twice before they cut 
out the money for Medicaid in Puerto Rico and replenishing the Ebola 
fund. That crisis still goes on, but the success of our being able to 
get on the Ebola crisis from 2 years ago is why we need to receive that 
added source to stop it. Otherwise, the consequences will be that the 
Ebola crisis will come back to the United States.
  This is truly an emergency. I am calling on our colleagues to approve 
the President's $1.9 billion emergency funding request now, in the 
immediate future, not later. The cost of inaction would be great and 
the consequences devastating. We don't want to have to say in the 
future: I told you so.
  I am introducing this legislation. More than likely, it will later be 
considered possibly as a stand-alone bill but possibly also as an 
amendment to one of these appropriations bills.
  I urge our colleagues to support this $1.9 billion emergency 
assistance request.

[[Page S2391]]

  

  Mr. NELSON. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows.

                                S. 2843

       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 
     non-Federally 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 non-Federally 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 CFR 
     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.

[[Page S2392]]

       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,

[[Page S2393]]

     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 CFR 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.

                          ____________________