Bill text (received Senate) — H.R. 6074 Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (2020-03-04)

Record facts

Full text

I 
116TH CONGRESS 
2D SESSION 
H. R. 6074 
IN THE SENATE OF THE UNITED STATES 
MARCH 4, 2020 
Received 
AN ACT 
Making emergency supplemental appropriations for the fiscal 
year ending September 30, 2020, and for other purposes. 
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled, 
2
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SECTION 1. SHORT TITLE. 
1
This Act may be cited as the ‘‘Coronavirus Prepared-
2
ness and Response Supplemental Appropriations Act, 
3
2020’’. 
4
SEC. 2. REFERENCES. 
5
Except as expressly provided otherwise, any reference 
6
to ‘‘this Act’’ contained in any division of this Act shall 
7
be treated as referring only to the provisions of that divi-
8
sion. 
9
DIVISION A—CORONAVIRUS PREPARED-
10
NESS AND RESPONSE SUPPLEMENTAL 
11
APPROPRIATIONS ACT, 2020 
12
The following sums are hereby are appropriated, out 
13
of any money in the Treasury not otherwise appropriated, 
14
for the fiscal year ending September 30, 2020, and for 
15
other purposes, namely: 
16
TITLE I 
17
DEPARTMENT OF HEALTH AND HUMAN 
18
SERVICES 
19
FOOD AND DRUG ADMINISTRATION 
20
SALARIES AND EXPENSES 
21
For an additional amount for ‘‘Salaries and Ex-
22
penses’’, $61,000,000, to remain available until expended, 
23
to prevent, prepare for, and respond to coronavirus, do-
24
mestically or internationally, including the development of 
25
necessary medical countermeasures and vaccines, ad-
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vanced manufacturing for medical products, the moni-
1
toring of medical product supply chains, and related ad-
2
ministrative activities: Provided, That such amount is des-
3
ignated by the Congress as being for an emergency re-
4
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
5
anced Budget and Emergency Deficit Control Act of 1985. 
6
TITLE II 
7
SMALL BUSINESS ADMINISTRATION 
8
DISASTER LOANS PROGRAM ACCOUNT 
9
(INCLUDING TRANSFERS OF FUNDS) 
10
For an additional amount for the ‘‘Disaster Loans 
11
Program Account’’ for administrative expenses to carry 
12
out the disaster loan program authorized by section 7(b) 
13
of the Small Business Act, $20,000,000, to remain avail-
14
able until expended: Provided, That such amounts may be 
15
transferred to and merged with ‘‘Small Business Adminis-
16
tration—Salaries and Expenses’’: Provided further, That 
17
for purposes of section 7(b)(2)(D) of the Small Business 
18
Act, coronavirus shall be deemed to be a disaster and 
19
amounts available under ‘‘Disaster Loans Program Ac-
20
count’’ for the cost of direct loans in any fiscal year may 
21
be used to make economic injury disaster loans under such 
22
section in response to the coronavirus: Provided further, 
23
That none of the funds provided under this heading in 
24
this Act may be used for indirect administrative expenses: 
25
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Provided further, That such amount is designated by the 
1
Congress as being for an emergency requirement pursuant 
2
to section 251(b)(2)(A)(i) of the Balanced Budget and 
3
Emergency Deficit Control Act of 1985: Provided further, 
4
That amounts repurposed under this heading that were 
5
previously designated by the Congress as an emergency 
6
requirement pursuant to the Balanced Budget and Emer-
7
gency Deficit Control Act of 1985 are designated by the 
8
Congress as an emergency requirement pursuant to sec-
9
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
10
gency Deficit Control Act of 1985. 
11
TITLE III 
12
DEPARTMENT OF HEALTH AND HUMAN 
13
SERVICES 
14
CENTERS FOR DISEASE CONTROL AND PREVENTION 
15
CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT 
16
(INCLUDING TRANSFER OF FUNDS) 
17
For an additional amount for ‘‘CDC–Wide Activities 
18
and Program Support’’, $2,200,000,000, to remain avail-
19
able until September 30, 2022, to prevent, prepare for, 
20
and respond to coronavirus, domestically or internation-
21
ally: Provided, That not less than $950,000,000 of the 
22
amount provided shall be for grants to or cooperative 
23
agreements with States, localities, territories, tribes, tribal 
24
organizations, urban Indian health organizations, or 
25
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health service providers to tribes, to carry out surveillance, 
1
epidemiology, laboratory capacity, infection control, miti-
2
gation, communications, and other preparedness and re-
3
sponse activities: Provided further, That $475,000,000 of 
4
the funds made available in the preceding proviso shall 
5
be allocated within 30 days of the date of enactment of 
6
this Act: Provided further, That every grantee that re-
7
ceived a Public Health Emergency Preparedness grant for 
8
fiscal year 2019 shall receive not less than 90 percent of 
9
that grant level from funds provided in the first proviso 
10
under this heading in this Act, and not less than 
11
$40,000,000 of such funds shall be allocated to tribes, 
12
tribal organizations, urban Indian health organizations, or 
13
health service providers to tribes: Provided further, That 
14
the Director of the Centers for Disease Control and Pre-
15
vention (‘‘CDC’’) may satisfy the funding thresholds out-
16
lined in the preceding two provisos by making awards 
17
through other grant or cooperative agreement mecha-
18
nisms: Provided further, That each grantee described in 
19
the third proviso under this heading in this Act shall sub-
20
mit a spend plan to the CDC not later than 45 days after 
21
the date of enactment of this Act: Provided further, That 
22
of the amount provided under this heading in this Act, 
23
not less than $300,000,000 shall be for global disease de-
24
tection and emergency response: Provided further, That of 
25
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the amount provided under this heading in this Act, 
1
$300,000,000 shall be transferred to and merged with 
2
amounts in the Infectious Diseases Rapid Response Re-
3
serve Fund (‘‘Reserve Fund’’), established by section 231 
4
of division B of Public Law 115–245: Provided further, 
5
That the Secretary of Health and Human Services, in con-
6
sultation with the Director of the CDC, shall provide a 
7
report to the Committees on Appropriations of the House 
8
of Representatives and the Senate every 14 days, for one 
9
year from the date from any such declaration or deter-
10
mination described in the third proviso of section 231 of 
11
division B of Public Law 115–245, that details commit-
12
ment and obligation information for the Reserve Fund 
13
during the prior two weeks, as long as such report would 
14
detail obligations in excess of $5,000,000, and upon the 
15
request by such Committees: Provided further, That funds 
16
appropriated under this heading in this Act may be used 
17
for grants for the construction, alteration, or renovation 
18
of non-Federally owned facilities to improve preparedness 
19
and response capability at the State and local level: Pro-
20
vided further, That funds may be used for purchase and 
21
insurance of official motor vehicles in foreign countries: 
22
Provided further, That such amount is designated by the 
23
Congress as being for an emergency requirement pursuant 
24
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to section 251(b)(2)(A)(i) of the Balanced Budget and 
1
Emergency Deficit Control Act of 1985. 
2
NATIONAL INSTITUTES OF HEALTH 
3
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS 
4
DISEASES 
5
(INCLUDING TRANSFER OF FUNDS) 
6
For an additional amount for ‘‘National Institute of 
7
Allergy and Infectious Diseases’’, $836,000,000, to re-
8
main available until September 30, 2024, to prevent, pre-
9
pare for, and respond to coronavirus, domestically or 
10
internationally: Provided, That of the amount appro-
11
priated under this heading in this Act, not less than 
12
$10,000,000 shall be transferred to ‘‘National Institute of 
13
Environmental Health Sciences’’ for worker-based train-
14
ing to prevent and reduce exposure of hospital employees, 
15
emergency first responders, and other workers who are at 
16
risk of exposure to coronavirus through their work duties: 
17
Provided further, That such amount is designated by the 
18
Congress as being for an emergency requirement pursuant 
19
to section 251(b)(2)(A)(i) of the Balanced Budget and 
20
Emergency Deficit Control Act of 1985. 
21
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OFFICE OF THE SECRETARY 
1
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 
2
FUND 
3
(INCLUDING TRANSFER OF FUNDS) 
4
For an additional amount for ‘‘Public Health and So-
5
cial Services Emergency Fund’’, $3,100,000,000, to re-
6
main available until September 30, 2024, to prevent, pre-
7
pare for, and respond to coronavirus, domestically or 
8
internationally, including the development of necessary 
9
countermeasures and vaccines, prioritizing platform-based 
10
technologies with U.S.-based manufacturing capabilities, 
11
and the purchase of vaccines, therapeutics, diagnostics, 
12
necessary medical supplies, medical surge capacity, and 
13
related administrative activities: Provided, That such 
14
funds may be used to develop and demonstrate innovations 
15
and enhancements to manufacturing platforms to support 
16
such capabilities: Provided further, That the Secretary of 
17
Health and Human Services shall purchase vaccines devel-
18
oped using funds made available under this heading in this 
19
Act to respond to an outbreak or pandemic related to 
20
coronavirus in quantities determined by the Secretary to 
21
be adequate to address the public health need: Provided 
22
further, That products purchased by the Federal govern-
23
ment with funds made available under this heading, in-
24
cluding vaccines, therapeutics, and diagnostics, shall be 
25
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purchased in accordance with Federal Acquisition Regula-
1
tion guidance on fair and reasonable pricing: Provided fur-
2
ther, That the Secretary may take such measures author-
3
ized under current law to ensure that vaccines, thera-
4
peutics, and diagnostics developed from funds provided in 
5
this Act will be affordable in the commercial market: Pro-
6
vided further, That in carrying out the previous proviso, 
7
the Secretary shall not take actions that delay the develop-
8
ment of such products: Provided further, That products 
9
purchased with funds appropriated in this paragraph may, 
10
at the discretion of the Secretary of Health and Human 
11
Services, be deposited in the Strategic National Stockpile 
12
under section 319F–2 of the Public Health Service Act: 
13
Provided further, That funds appropriated under this 
14
heading in this Act may be transferred to, and merged 
15
with, the fund authorized by section 319F–4, the Covered 
16
Countermeasure Process Fund, of the Public Health Serv-
17
ice Act: Provided further, That funds appropriated under 
18
this heading in this Act may be used for grants for the 
19
construction, alteration, or renovation of non-Federally 
20
owned facilities to improve preparedness and response ca-
21
pability at the State and local level: Provided further, That 
22
funds appropriated under this heading in this Act may be 
23
used for the construction, alteration, or renovation of non- 
24
Federally owned facilities for the production of vaccines, 
25
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therapeutics, and diagnostics where the Secretary deter-
1
mines that such a contract is necessary to secure sufficient 
2
amounts of such supplies: Provided further, That of the 
3
amount provided under this heading in this Act, 
4
$100,000,000 shall be transferred to ‘‘Health Resources 
5
and Services Administration—Primary Health Care’’ for 
6
grants under the Health Centers Program, as defined by 
7
section 330 of the Public Health Service Act, to prevent, 
8
prepare for, and respond to coronavirus: Provided further, 
9
That such amount is designated by the Congress as being 
10
for an emergency requirement pursuant to section 
11
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
12
Deficit Control Act of 1985. 
13
For an additional amount for ‘‘Public Health and So-
14
cial Services Emergency Fund’’, $300,000,000, to remain 
15
available until September 30, 2024, for products pur-
16
chased as described in the first paragraph under this 
17
heading, including the purchase of vaccines, therapeutics, 
18
and diagnostics, and under the same terms and conditions 
19
as the amounts made available in the first paragraph 
20
under this heading in this Act: Provided, That the amount 
21
made available in this paragraph shall only be made avail-
22
able if the Secretary of Health and Human Services cer-
23
tifies to the Committees on Appropriations of the House 
24
of Representatives and the Senate that the funds made 
25
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available in the first paragraph under this heading in this 
1
Act allotted for such purchase of such products will be 
2
obligated imminently and that additional funds are nec-
3
essary to purchase vaccines, therapeutics, or diagnostics 
4
in quantities determined by the Secretary to be adequate 
5
help to address the public health need: Provided further, 
6
That the Secretary shall notify the Committees on Appro-
7
priations of the House of Representatives and the Senate 
8
of such certification: Provided further, That such amount 
9
is designated by the Congress as being for an emergency 
10
requirement pursuant to section 251(b)(2)(A)(i) of the 
11
Balanced Budget and Emergency Deficit Control Act of 
12
1985. 
13
GENERAL PROVISIONS—THIS TITLE 
14
(INCLUDING TRANSFER OF FUNDS) 
15
SEC. 301. (a) Funds appropriated in this title may 
16
be made available to restore amounts, either directly or 
17
through reimbursement, for obligations incurred by agen-
18
cies of the Department of Health and Human Services to 
19
prevent, prepare for, and respond to coronavirus, domesti-
20
cally or internationally, prior to the date of enactment of 
21
this Act. This subsection shall not apply to obligations in-
22
curred by the Infectious Diseases Rapid Response Reserve 
23
Fund. 
24
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(b) Grants or cooperative agreements with States, lo-
1
calities, territories, tribes, tribal organizations, urban In-
2
dian health organizations, or health service providers to 
3
tribes, under this title, to carry out surveillance, epidemi-
4
ology, laboratory capacity, infection control, mitigation, 
5
communications, and other preparedness and response ac-
6
tivities to prevent, prepare for, and respond to coronavirus 
7
shall include amounts to reimburse costs for these pur-
8
poses incurred between January 20, 2020, and the date 
9
of enactment of this Act. 
10
(c) If any funds have been reprogrammed or trans-
11
ferred from an appropriation, as described in the notifica-
12
tion submitted by the Secretary of Health and Human 
13
Services to the Committees on Appropriations of the 
14
House of Representatives and the Senate on February 2, 
15
2020, prior to the date of enactment of this Act, such 
16
amounts shall be reprogrammed or transferred back to 
17
that appropriation within 45 days of the date of enactment 
18
of this Act. 
19
SEC. 302. Funds appropriated by this title may be 
20
used by the Secretary of the Health and Human Services 
21
to appoint, without regard to the provisions of sections 
22
3309 through 3319 of title 5 of the United States Code, 
23
candidates needed for positions to perform critical work 
24
relating to coronavirus for which— 
25
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(1) public notice has been given; and 
1
(2) the Secretary has determined that such a 
2
public health threat exists. 
3
SEC. 303. Funds made available by this title may be 
4
used to enter into contracts with individuals for the provi-
5
sion of personal services (as described in section 104 of 
6
part 37 of title 48, Code of Federal Regulations (48 CFR 
7
37.104)) to support the prevention of, preparation for, or 
8
response to coronavirus, domestically and internationally, 
9
subject to prior notification to the Committees on Appro-
10
priations of the House of Representatives and the Senate: 
11
Provided, That such individuals may not be deemed em-
12
ployees of the United States for the purpose of any law 
13
administered by the Office of Personnel Management: Pro-
14
vided further, That the authority made available pursuant 
15
to this section shall expire on September 30, 2024. 
16
SEC. 304. Funds appropriated by this title may be 
17
transferred to, and merged with, other appropriation ac-
18
counts under the headings ‘‘Centers for Disease Control 
19
and Prevention’’, ‘‘Public Health and Social Services 
20
Emergency Fund’’, and ‘‘National Institutes of Health’’ 
21
to prevent, prepare for, and respond to coronavirus, do-
22
mestically or internationally, following consultation with 
23
the Office of Management and Budget: Provided, That the 
24
Committees on Appropriations of the House of Represent-
25
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atives and the Senate shall be notified 10 days in advance 
1
of any such transfer: Provided further, That upon a deter-
2
mination that all or part of the funds transferred from 
3
an appropriation by this title are not necessary, such 
4
amounts may be transferred back to that appropriation: 
5
Provided further, That none of the funds made available 
6
by this title may be transferred pursuant to the authority 
7
in section 205 of division A of Public Law 116–94 or sec-
8
tion 241(a) of the Public Health Service Act. 
9
SEC. 305. Not later than 30 days after the date of 
10
enactment of this Act, the Secretary of Health and 
11
Human Services shall provide a detailed spend plan of an-
12
ticipated uses of funds made available to the Department 
13
of Health and Human Services in this Act, including esti-
14
mated personnel and administrative costs, to the Commit-
15
tees on Appropriations of the House of Representatives 
16
and the Senate: Provided, That such plan shall be updated 
17
and submitted to such Committees every 60 days until 
18
September 30, 2024: Provided further, That the spend 
19
plans shall be accompanied by a listing of each contract 
20
obligation incurred that exceeds $5,000,000 which has not 
21
previously been reported, including the amount of each 
22
such obligation. 
23
SEC. 306. Of the funds appropriated by this title 
24
under the heading ‘‘Public Health and Social Services 
25
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Emergency Fund’’, up to $2,000,000 shall be transferred 
1
to, and merged with, funds made available under the head-
2
ing ‘‘Office of the Secretary, Office of Inspector General’’, 
3
and shall remain available until expended, for oversight 
4
of activities supported with funds appropriated to the De-
5
partment of Health and Human Services in titles I and 
6
III: Provided, That the Inspector General of the Depart-
7
ment of Health and Human Services shall consult with 
8
the Committees on Appropriations of the House of Rep-
9
resentatives and the Senate prior to obligating such funds: 
10
Provided further, That the transfer authority provided by 
11
this section is in addition to any other transfer authority 
12
provided by law. 
13
TITLE IV 
14
DEPARTMENT OF STATE 
15
ADMINISTRATION OF FOREIGN AFFAIRS 
16
DIPLOMATIC PROGRAMS 
17
For an additional amount for ‘‘Diplomatic Pro-
18
grams’’, $264,000,000, to remain available until Sep-
19
tember 30, 2022, for necessary expenses to prevent, pre-
20
pare for, and respond to coronavirus, including for main-
21
taining consular operations, reimbursement of evacuation 
22
expenses, and emergency preparedness: Provided, That 
23
such amount is designated by the Congress as being for 
24
an 
emergency 
requirement 
pursuant 
to 
section 
25
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251(b)(2)(A)(i) of the Balanced Budget and Emergency 
1
Deficit Control Act of 1985. 
2
UNITED STATES AGENCY FOR INTERNATIONAL 
3
DEVELOPMENT 
4
FUNDS APPROPRIATED TO THE PRESIDENT 
5
OFFICE OF INSPECTOR GENERAL 
6
For an additional amount for ‘‘Office of Inspector 
7
General’’, $1,000,000, to remain available until September 
8
30, 2022, for oversight of activities funded by this title 
9
and administered by the United States Agency for Inter-
10
national Development: Provided, That such amount is des-
11
ignated by the Congress as being for an emergency re-
12
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
13
anced Budget and Emergency Deficit Control Act of 1985. 
14
BILATERAL ECONOMIC ASSISTANCE 
15
FUNDS APPROPRIATED TO THE PRESIDENT 
16
GLOBAL HEALTH PROGRAMS 
17
For an additional amount for ‘‘Global Health Pro-
18
grams’’, $435,000,000, to remain available until Sep-
19
tember 30, 2022, for necessary expenses to prevent, pre-
20
pare for, and respond to coronavirus: Provided, That such 
21
funds shall be administered by the Administrator of the 
22
United States Agency for International Development: Pro-
23
vided further, That of the funds appropriated under this 
24
heading in this Act, not less than $200,000,000 shall be 
25
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transferred to, and merged with, funds made available for 
1
the Emergency Reserve Fund established pursuant to sec-
2
tion 7058(c)(1) of the Department of State, Foreign Oper-
3
ations, and Related Programs Appropriations Act, 2017 
4
(division J of Public Law 115–31): Provided further, That 
5
funds made available pursuant to the previous proviso 
6
shall be made available under the terms and conditions 
7
of such section, as amended: Provided further, That such 
8
amount is designated by the Congress as being for an 
9
emergency 
requirement 
pursuant 
to 
section 
10
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
11
Deficit Control Act of 1985. 
12
INTERNATIONAL DISASTER ASSISTANCE 
13
For an additional amount for ‘‘International Disaster 
14
Assistance’’, $300,000,000, to remain available until ex-
15
pended, for necessary expenses to prevent, prepare for, 
16
and respond to coronavirus: Provided, That such amount 
17
is designated by the Congress as being for an emergency 
18
requirement pursuant to section 251(b)(2)(A)(i) of the 
19
Balanced Budget and Emergency Deficit Control Act of 
20
1985. 
21
ECONOMIC SUPPORT FUND 
22
For an additional amount for ‘‘Economic Support 
23
Fund’’, $250,000,000, to remain available until Sep-
24
tember 30, 2022, for necessary expenses to prevent, pre-
25
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pare for, and respond to coronavirus, including to address 
1
related economic, security, and stabilization requirements: 
2
Provided, That such amount is designated by the Congress 
3
as being for an emergency requirement pursuant to sec-
4
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
5
gency Deficit Control Act of 1985. 
6
GENERAL PROVISIONS—THIS TITLE 
7
(INCLUDING TRANSFER OF FUNDS) 
8
SEC. 401. Funds appropriated by this title shall only 
9
be made available for obligation subject to the regular no-
10
tification procedures of the Committees on Appropriations 
11
of the House of Representatives and the Senate: Provided, 
12
That the requirement of this section shall not apply to 
13
funds appropriated by this title under the heading ‘‘Inter-
14
national Disaster Assistance’’. 
15
SEC. 402. (a) Funds appropriated by this title under 
16
the heading ‘‘Diplomatic Programs’’ may be transferred 
17
to, and merged with, funds available under the ‘‘Consular 
18
and Border Security Programs’’ account to maintain con-
19
sular operations impacted by coronavirus. 
20
(b) Of the funds appropriated by this title under the 
21
heading ‘‘Economic Support Fund’’, up to $7,000,000 
22
may be transferred to, and merged with, funds appro-
23
priated under the heading ‘‘Operating Expenses’’ in Acts 
24
making appropriations for the Department of State, for-
25
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HR 6074 RDS
eign operations, and related programs to prevent, prepare 
1
for, and respond to coronavirus. 
2
(c) Funds appropriated by this title under the head-
3
ings ‘‘Global Health Programs’’, ‘‘International Disaster 
4
Assistance’’, and ‘‘Economic Support Fund’’ may be 
5
transferred to, and merged with, funds appropriated by 
6
this title under such headings to prevent, prepare for, and 
7
respond to coronavirus. 
8
(d) The transfer authorities of this section are in ad-
9
dition to any other transfer authority provided by law. 
10
(e) Upon a determination that all or part of the funds 
11
transferred pursuant to the authorities provided by this 
12
section are not necessary for such purposes, such amounts 
13
may be transferred back to such appropriations. 
14
(f) No funds shall be transferred pursuant to this sec-
15
tion unless at least 5 days prior to making such transfer 
16
the Secretary of State or the Administrator of the United 
17
States Agency for International Development, as appro-
18
priate, notifies the Committees on Appropriations of the 
19
House of Representatives and the Senate in writing of the 
20
details of any such transfer. 
21
SEC. 403. Paragraph (6)(B) under the heading ‘‘Ad-
22
ministration of Foreign Affairs, Diplomatic Programs’’ of 
23
the Department of State, Foreign Operations, and Related 
24
Programs Appropriations Act, 2020 (division G of Public 
25
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Law 116–94) is amended by striking ‘‘, not to exceed 
1
$10,000,000’’ and inserting in lieu thereof ‘‘for Worldwide 
2
Security Protection, not to exceed $100,000,000’’ and by 
3
adding the following before the period at the end: ‘‘: Pro-
4
vided, That no amounts may be transferred from amounts 
5
that were designated by the Congress for Overseas Contin-
6
gency Operations/Global War on Terrorism pursuant to 
7
the Concurrent Resolution on the Budget or the Balanced 
8
Budget and Emergency Deficit Control Act of 1985’’: Pro-
9
vided, That the exercise of the authority provided by such 
10
paragraph shall be subject to prior consultation with the 
11
Committees on Appropriations of the House of Represent-
12
atives and the Senate. 
13
SEC. 404. Funds appropriated by this title under the 
14
headings ‘‘Global Health Programs’’ and ‘‘Economic Sup-
15
port Fund’’ may be made available as contributions to 
16
international organizations to prevent, prepare for, and re-
17
spond to coronavirus, following consultation with the Com-
18
mittees on Appropriations of the House of Representatives 
19
and the Senate. 
20
SEC. 405. Funds appropriated by this title under the 
21
headings ‘‘Diplomatic Programs’’, ‘‘Global Health Pro-
22
grams’’, ‘‘International Disaster Assistance’’, and ‘‘Eco-
23
nomic Support Fund’’ may be used to reimburse accounts 
24
administered by the Department of State and the United 
25
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21 
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States Agency for International Development for obliga-
1
tions incurred to prevent, prepare for, and respond to 
2
coronavirus prior to the date of enactment of this Act: 
3
Provided, That this section shall not apply to obligations 
4
incurred by the Emergency Reserve Fund, established 
5
pursuant to section 7058(c)(1) of the Department of 
6
State, Foreign Operations, and Related Programs Appro-
7
priations Act, 2017 (division J of Public Law 115–31). 
8
SEC. 406. (a) STRATEGY.—Not later than 15 days 
9
after the date of enactment of this Act, the Secretary of 
10
State and the Administrator of the United States Agency 
11
for International Development, following consultation with 
12
the heads of other relevant Federal agencies, shall jointly 
13
submit to the Committees on Appropriations of the House 
14
of Representatives and the Senate a strategy to prevent, 
15
prepare for, and respond to coronavirus abroad. 
16
(b) REPORTING REQUIREMENT.—Not later than 30 
17
days after enactment of this Act, the Secretary of State 
18
and the Administrator of the United States Agency for 
19
International Development shall jointly submit to the 
20
Committees on Appropriations of the House of Represent-
21
atives and the Senate a report on the proposed uses of 
22
funds appropriated by this title on a country and project 
23
basis: Provided, That such report shall be updated and 
24
submitted to such Committees every 60 days thereafter 
25
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until September 30, 2022, and every 180 days thereafter 
1
until all funds have been expended, and shall include infor-
2
mation detailing how estimates and assumptions contained 
3
in previous reports have changed, including obligations 
4
and expenditures on a country and project basis. 
5
TITLE V 
6
GENERAL PROVISIONS—THIS ACT 
7
SEC. 501. Each amount appropriated or made avail-
8
able by this Act is in addition to amounts otherwise appro-
9
priated for the fiscal year involved. 
10
SEC. 502. No part of any appropriation contained in 
11
this Act shall remain available for obligation beyond the 
12
current fiscal year unless expressly so provided herein. 
13
SEC. 503. Unless otherwise provided for by this Act, 
14
the additional amounts appropriated by this Act to appro-
15
priations accounts shall be available under the authorities 
16
and conditions applicable to such appropriations accounts 
17
for fiscal year 2020. 
18
SEC. 504. (a) Subject to subsection (b), and notwith-
19
standing any other provision of law, funds made available 
20
in this Act, or transferred pursuant to authorization 
21
granted in this Act, may only be used to prevent, prepare 
22
for, and respond to coronavirus. 
23
(b) Subsection (a) shall not apply to section 301(c) 
24
of this Act, or to reimbursements made pursuant to au-
25
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HR 6074 RDS
thority in this Act, or to funds made available in this Act 
1
for the Emergency Reserve Fund, established pursuant to 
2
section 7058(c)(1) of division J of Public Law 115–31, 
3
or to funds made available in this Act for the Infectious 
4
Diseases Rapid Response Reserve Fund, established pur-
5
suant to section 231 of division B of Public Law 115– 
6
245. 
7
SEC. 505. Not later than 60 days after the date of 
8
enactment of this Act, the Comptroller General of the 
9
United States shall consult with the Committees on Ap-
10
propriations of the House of Representatives and the Sen-
11
ate on oversight of activities supported with funds appro-
12
priated by this Act. 
13
SEC. 506. In this Act, the term ‘‘coronavirus’’ means 
14
SARS–CoV–2 or another coronavirus with pandemic po-
15
tential. 
16
SEC. 507. Each amount designated in this Act by the 
17
Congress as being for an emergency requirement pursuant 
18
to section 251(b)(2)(A)(i) of the Balanced Budget and 
19
Emergency Deficit Control Act of 1985 shall be available 
20
(or rescinded or transferred, if applicable) only if the 
21
President subsequently so designates all such amounts 
22
and transmits such designations to the Congress. 
23
SEC. 508. Any amount appropriated by this Act, des-
24
ignated by the Congress as an emergency requirement 
25
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HR 6074 RDS
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
1
et and Emergency Deficit Control Act of 1985 and subse-
2
quently so designated by the President, and transferred 
3
pursuant to transfer authorities provided by this Act shall 
4
retain such designation. 
5
This division may be cited as the ‘‘Coronavirus Pre-
6
paredness and Response Supplemental Appropriations 
7
Act, 2020’’. 
8
DIVISION 
B—TELEHEALTH 
9
SERVICES DURING CERTAIN 
10
EMERGENCY PERIODS 
11
SEC. 101. SHORT TITLE. 
12
This division may be cited as the ‘‘Telehealth Services 
13
During Certain Emergency Periods Act of 2020’’. 
14
SEC. 102. SECRETARIAL AUTHORITY TO TEMPORARILY 
15
WAIVE OR MODIFY APPLICATION OF CER-
16
TAIN MEDICARE REQUIREMENTS WITH RE-
17
SPECT 
TO 
TELEHEALTH 
SERVICES 
FUR-
18
NISHED DURING CERTAIN EMERGENCY PERI-
19
ODS. 
20
(a) IN GENERAL.— 
21
(1) WAIVER AUTHORITY.—The first sentence of 
22
section 1135(b) of the Social Security Act (42 
23
U.S.C. 1320b–5(b)) is amended— 
24
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(A) in paragraph (6), by striking ‘‘and’’ at 
1
the end; 
2
(B) in paragraph (7), by striking the pe-
3
riod at the end and inserting ‘‘; and’’; and 
4
(C) by inserting after paragraph (7) the 
5
following new paragraph: 
6
‘‘(8) in the case of a telehealth service (as de-
7
fined in paragraph (4)(F) of section 1834(m)) fur-
8
nished in any emergency area (or portion of such an 
9
area) during any portion of any emergency period to 
10
an individual by a qualified provider (as defined in 
11
subsection (g)(3))— 
12
‘‘(A) the requirements of paragraph (4)(C) 
13
of such section, except that a facility fee under 
14
paragraph (2)(B)(i) of such section may only be 
15
paid to an originating site that is a site de-
16
scribed in any of subclauses (I) through (IX) of 
17
paragraph (4)(C)(ii) of such section; and 
18
‘‘(B) the restriction on use of a telephone 
19
described in the second sentence of section 
20
410.78(a)(3) of title 42, Code of Federal Regu-
21
lations (or a successor regulation), but only if 
22
such telephone has audio and video capabilities 
23
that are used for two-way, real-time interactive 
24
communication.’’. 
25
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HR 6074 RDS
(2) DEFINITION
OF
QUALIFIED
PROVIDER.— 
1
Section 1135(g) of the Social Security Act (42 
2
U.S.C. 1320b–5(g)) is amended by adding at the 
3
end the following new paragraph: 
4
‘‘(3) QUALIFIED PROVIDER.—The term ‘quali-
5
fied provider’ means, with respect a telehealth serv-
6
ice (as defined in paragraph (4)(F) of section 
7
1834(m)) furnished to an individual, a physician or 
8
practitioner (as defined in paragraph (4)(D) or 
9
(4)(E), respectively, of such section) who— 
10
‘‘(A) furnished to such individual an item 
11
or service for which payment was made under 
12
title XVIII during the 3-year period ending on 
13
the date such telehealth service was furnished; 
14
or 
15
‘‘(B) is in the same practice (as deter-
16
mined by tax identification number) of a physi-
17
cian or practitioner (as so defined) who fur-
18
nished such an item or service to such indi-
19
vidual during such period.’’. 
20
(3) 
IMPLEMENTATION.—The 
Secretary 
of 
21
Health and Human Services may implement the 
22
amendments made by this subsection by program in-
23
struction or otherwise. 
24
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(b) CLARIFICATION OF DEFINITIONS OF EMERGENCY 
1
AREA AND EMERGENCY PERIOD.—Paragraph (1) of sec-
2
tion 1135(g) of the Social Security Act (42 U.S.C. 1320b– 
3
5(g)) is amended to read as follows: 
4
‘‘(1) EMERGENCY
AREA; 
EMERGENCY
PE-
5
RIOD.— 
6
‘‘(A) IN
GENERAL.—Subject to subpara-
7
graph (B), an ‘emergency area’ is a geo-
8
graphical area in which, and an ‘emergency pe-
9
riod’ is the period during which, there exists— 
10
‘‘(i) an emergency or disaster declared 
11
by the President pursuant to the National 
12
Emergencies Act or the Robert T. Stafford 
13
Disaster Relief and Emergency Assistance 
14
Act; and 
15
‘‘(ii) a public health emergency de-
16
clared by the Secretary pursuant to section 
17
319 of the Public Health Service Act. 
18
‘‘(B) EXCEPTION.—For purposes of sub-
19
section (b)(8), an ‘emergency area’ is a geo-
20
graphical area in which, and an ‘emergency pe-
21
riod’ is the period during which, there exists— 
22
‘‘(i) the public health emergency de-
23
clared by the Secretary pursuant to section 
24
319 of the Public Health Service Act on 
25
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January 31, 2020, entitled ‘Determination 
1
that a Public Health Emergency Exists 
2
Nationwide as the Result of the 2019 
3
Novel Coronavirus’; and 
4
‘‘(ii) any renewal of such declaration 
5
pursuant to such section 319.’’. 
6
SEC. 103. BUDGETARY EFFECTS. 
7
(a) STATUTORY PAYGO SCORECARDS.—The budg-
8
etary effects of this division shall not be entered on either 
9
PAYGO scorecard maintained pursuant to section 4(d) of 
10
the Statutory Pay-As-You-Go Act of 2010. 
11
(b) SENATE PAYGO SCORECARDS.—The budgetary 
12
effects of this division shall not be entered on any PAYGO 
13
scorecard maintained for purposes of section 4106 of H. 
14
Con. Res. 71 (115th Congress). 
15
(c) CLASSIFICATION
OF BUDGETARY EFFECTS.— 
16
Notwithstanding Rule 3 of the Budget Scorekeeping 
17
Guidelines set forth in the joint explanatory statement of 
18
the committee of conference accompanying Conference Re-
19
port 105–217 and section 250(c)(8) of the Balanced 
20
Budget and Emergency Deficit Control Act of 1985, the 
21
budgetary effects of this division shall not be estimated— 
22
(1) for purposes of section 251 of such Act; and 
23
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(2) for purposes of paragraph (4)(C) of section 
1
3 of the Statutory Pay-As-You-Go Act of 2010 as 
2
being included in an appropriation Act. 
3
Passed the House of Representatives March 4, 
2020. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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