Bill text (enrolled) — H.R. 6074 / P.L. 116-123, Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020

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Full text

H. R. 6074 
One Hundred Sixteenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Friday, 
the third day of January, two thousand and twenty 
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 Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Coronavirus Preparedness and 
Response Supplemental Appropriations Act, 2020’’. 
SEC. 2. REFERENCES. 
Except as expressly provided otherwise, any reference to ‘‘this 
Act’’ contained in any division of this Act shall be treated as 
referring only to the provisions of that division. 
DIVISION A—CORONAVIRUS PREPAREDNESS AND 
RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020 
The following sums are hereby are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the fiscal 
year ending September 30, 2020, and for other purposes, namely: 
TITLE I 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
FOOD AND DRUG ADMINISTRATION 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Expenses’’, 
$61,000,000, to remain available until expended, to prevent, prepare 
for, and respond to coronavirus, domestically or internationally, 
including the development of necessary medical countermeasures 
and vaccines, advanced manufacturing for medical products, the 
monitoring of medical product supply chains, and related adminis-
trative activities: Provided, That such amount is designated by 
the Congress as being for an emergency requirement pursuant 
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 

H. R. 6074—2 
TITLE II 
SMALL BUSINESS ADMINISTRATION 
DISASTER LOANS PROGRAM ACCOUNT 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount for the ‘‘Disaster Loans Program 
Account’’ for administrative expenses to carry out the disaster loan 
program authorized by section 7(b) of the Small Business Act, 
$20,000,000, to remain available until expended: Provided, That 
such amounts may be transferred to and merged with ‘‘Small Busi-
ness Administration—Salaries and Expenses’’: Provided further, 
That for purposes of section 7(b)(2)(D) of the Small Business Act, 
coronavirus shall be deemed to be a disaster and amounts available 
under ‘‘Disaster Loans Program Account’’ for the cost of direct 
loans in any fiscal year may be used to make economic injury 
disaster loans under such section in response to the coronavirus: 
Provided further, That none of the funds provided under this 
heading in this Act may be used for indirect administrative 
expenses: Provided further, That such amount is designated by 
the Congress as being for an emergency requirement pursuant 
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985: Provided further, That amounts 
repurposed under this heading that were previously designated 
by the Congress as an emergency requirement pursuant to the 
Balanced Budget and Emergency Deficit Control Act of 1985 are 
designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
TITLE III 
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 Pro-
gram Support’’, $2,200,000,000, to remain available until September 
30, 2022, to prevent, prepare for, and respond to coronavirus, domes-
tically or internationally: Provided, That not less than $950,000,000 
of the amount provided shall be for grants to or cooperative agree-
ments with States, localities, territories, tribes, tribal organizations, 
urban Indian health organizations, or health service providers to 
tribes, to carry out surveillance, epidemiology, laboratory capacity, 
infection control, mitigation, communications, and other prepared-
ness and response activities: Provided further, That $475,000,000 
of the funds made available in the preceding proviso shall be 
allocated within 30 days of the date of enactment of this Act: 
Provided further, That every grantee that received a Public Health 
Emergency Preparedness grant for fiscal year 2019 shall receive 
not less than 90 percent of that grant level from funds provided 
in the first proviso under this heading in this Act, and not less 

H. R. 6074—3 
than $40,000,000 of such funds shall be allocated to tribes, tribal 
organizations, urban Indian health organizations, or health service 
providers to tribes: Provided further, That the Director of the Cen-
ters for Disease Control and Prevention (‘‘CDC’’) may satisfy the 
funding thresholds outlined in the preceding two provisos by making 
awards through other grant or cooperative agreement mechanisms: 
Provided further, That each grantee described in the third proviso 
under this heading in this Act shall submit a spend plan to the 
CDC not later than 45 days after the date of enactment of this 
Act: Provided further, That of the amount provided under this 
heading in this Act, not less than $300,000,000 shall be for global 
disease detection and emergency response: Provided further, That 
of the amount provided under this heading in this Act, $300,000,000 
shall be transferred to and merged with amounts in the Infectious 
Diseases Rapid Response Reserve Fund (‘‘Reserve Fund’’), estab-
lished by section 231 of division B of Public Law 115–245: Provided 
further, That the Secretary of Health and Human Services, in 
consultation with the Director of the CDC, shall provide a report 
to the Committees on Appropriations of the House of Representa-
tives and the Senate every 14 days, for one year from the date 
from any such declaration or determination described in the third 
proviso of section 231 of division B of Public Law 115–245, that 
details commitment and obligation information for the Reserve 
Fund during the prior two weeks, as long as such report would 
detail obligations in excess of $5,000,000, and upon the request 
by such Committees: Provided further, That funds appropriated 
under this heading in this Act may be used for grants for the 
construction, alteration, or renovation of non-Federally owned facili-
ties to improve preparedness and response capability at the State 
and local level: Provided further, That funds may be used for 
purchase and insurance of official motor vehicles in foreign coun-
tries: Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985. 
NATIONAL INSTITUTES OF HEALTH 
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘National Institute of Allergy 
and Infectious Diseases’’, $836,000,000, to remain available until 
September 30, 2024, to prevent, prepare for, and respond to 
coronavirus, domestically or internationally: Provided, That of the 
amount appropriated under this heading in this Act, not less than 
$10,000,000 shall be transferred to ‘‘National Institute of Environ-
mental Health Sciences’’ for worker-based training to prevent and 
reduce exposure of hospital employees, emergency first responders, 
and other workers who are at risk of exposure to coronavirus 
through their work duties: Provided further, That such amount 
is designated by the Congress as being for an emergency require-
ment pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 

H. R. 6074—4 
OFFICE OF THE SECRETARY 
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Public Health and Social Services 
Emergency Fund’’, $3,100,000,000, to remain available until Sep-
tember 30, 2024, to prevent, prepare for, and respond to coronavirus, 
domestically or internationally, including the development of nec-
essary countermeasures and vaccines, prioritizing platform-based 
technologies with U.S.-based manufacturing capabilities, and the 
purchase of vaccines, therapeutics, diagnostics, necessary medical 
supplies, medical surge capacity, and related administrative activi-
ties: Provided, That such funds may be used to develop and dem-
onstrate innovations and enhancements to manufacturing platforms 
to support such capabilities: Provided further, That the Secretary 
of Health and Human Services shall purchase vaccines developed 
using funds made available under this heading in this Act to 
respond to an outbreak or pandemic related to coronavirus in quan-
tities determined by the Secretary to be adequate to address the 
public health need: Provided further, That products purchased by 
the Federal government with funds made available under this 
heading, including vaccines, therapeutics, and diagnostics, shall 
be purchased in accordance with Federal Acquisition Regulation 
guidance on fair and reasonable pricing: Provided further, That 
the Secretary may take such measures authorized under current 
law to ensure that vaccines, therapeutics, and diagnostics developed 
from funds provided in this Act will be affordable in the commercial 
market: Provided further, That in carrying out the previous proviso, 
the Secretary shall not take actions that delay the development 
of such products: 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 Public 
Health Service Act: Provided further, That funds appropriated under 
this heading in this Act may be transferred to, and merged with, 
the fund authorized by section 319F–4, the Covered Counter-
measure Process Fund, of the Public Health Service Act: Provided 
further, That funds appropriated under this heading in this Act 
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 under this heading in this Act may be 
used for the construction, alteration, or renovation of non-Federally 
owned facilities for the production of vaccines, therapeutics, and 
diagnostics where the Secretary determines that such a contract 
is necessary to secure sufficient amounts of such supplies: Provided 
further, That of the amount provided under this heading in this 
Act, $100,000,000 shall be transferred to ‘‘Health Resources and 
Services Administration—Primary Health Care’’ for grants under 
the Health Centers Program, as defined by section 330 of the 
Public Health Service Act, to prevent, prepare for, and respond 
to coronavirus: Provided further, That such amount is designated 
by the Congress as being for an emergency requirement pursuant 
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 

H. R. 6074—5 
For an additional amount for ‘‘Public Health and Social Services 
Emergency Fund’’, $300,000,000, to remain available until Sep-
tember 30, 2024, for products purchased as described in the first 
paragraph under this heading, including the purchase of vaccines, 
therapeutics, and diagnostics, and under the same terms and condi-
tions as the amounts made available in the first paragraph under 
this heading in this Act: Provided, That the amount made available 
in this paragraph shall only be made available if the Secretary 
of Health and Human Services certifies to the Committees on 
Appropriations of the House of Representatives and the Senate 
that the funds made available in the first paragraph under this 
heading in this Act allotted for such purchase of such products 
will be obligated imminently and that additional funds are nec-
essary to purchase vaccines, therapeutics, or diagnostics in quan-
tities determined by the Secretary to be adequate help to address 
the public health need: Provided further, That the Secretary shall 
notify the Committees on Appropriations of the House of Represent-
atives and the Senate of such certification: Provided further, That 
such amount is designated by the Congress as being for an emer-
gency requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
GENERAL PROVISIONS—THIS TITLE 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 301. (a) Funds appropriated in this title may be made 
available to restore amounts, either directly or through reimburse-
ment, for obligations incurred by agencies of the Department of 
Health and Human Services to prevent, prepare for, and respond 
to coronavirus, domestically or internationally, prior to the date 
of enactment of this Act. This subsection shall not apply to obliga-
tions incurred by the Infectious Diseases Rapid Response Reserve 
Fund. 
(b) Grants or cooperative agreements with States, localities, 
territories, tribes, tribal organizations, urban Indian health 
organizations, or health service providers to tribes, under this title, 
to carry out surveillance, epidemiology, laboratory capacity, infec-
tion control, mitigation, communications, and other preparedness 
and response activities to prevent, prepare for, and respond to 
coronavirus shall include amounts to reimburse costs for these 
purposes incurred between January 20, 2020, and the date of enact-
ment of this Act. 
(c) If any funds have been reprogrammed or transferred from 
an appropriation, as described in the notification submitted by 
the Secretary of Health and Human Services to the Committees 
on Appropriations of the House of Representatives and the Senate 
on February 2, 2020, prior to the date of enactment of this Act, 
such amounts shall be reprogrammed or transferred back to that 
appropriation within 45 days of the date of enactment of this 
Act. 
SEC. 302. Funds appropriated by this title may be used by 
the Secretary of the Health and Human Services to appoint, without 
regard to the provisions of sections 3309 through 3319 of title 
5 of the United States Code, candidates needed for positions to 
perform critical work relating to coronavirus for which— 
(1) public notice has been given; and 

H. R. 6074—6 
(2) the Secretary has determined that such a public health 
threat exists. 
SEC. 303. Funds made available by this title 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)) to support the prevention 
of, preparation for, or response to coronavirus, domestically and 
internationally, subject to prior notification to the Committees on 
Appropriations of the House of Representatives and the Senate: 
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: Provided further, That 
the authority made available pursuant to this section shall expire 
on September 30, 2024. 
SEC. 304. Funds appropriated by this title may be transferred 
to, and merged with, other appropriation accounts under the 
headings ‘‘Centers for Disease Control and Prevention’’, ‘‘Public 
Health and Social Services Emergency Fund’’, and ‘‘National 
Institutes of Health’’ to prevent, prepare for, and respond to 
coronavirus, domestically or internationally, following consultation 
with the Office of Management and Budget: Provided, That the 
Committees on Appropriations of the House of Representatives and 
the Senate shall be notified 10 days in advance of any such transfer: 
Provided further, That upon a determination that all or part of 
the funds transferred from an appropriation by this title are not 
necessary, such amounts may be transferred back to that appropria-
tion: Provided further, That none of the funds made available by 
this title may be transferred pursuant to the authority in section 
205 of division A of Public Law 116–94 or section 241(a) of the 
Public Health Service Act. 
SEC. 305. Not later than 30 days after the date of enactment 
of this Act, the Secretary of Health and Human Services shall 
provide a detailed spend plan of anticipated uses of funds made 
available to the Department of Health and Human Services in 
this Act, including estimated personnel and administrative costs, 
to the Committees on Appropriations of the House of Representa-
tives and the Senate: Provided, That such plan shall be updated 
and submitted to such Committees every 60 days until September 
30, 2024: Provided further, That the spend plans shall be accom-
panied by a listing of each contract obligation incurred that exceeds 
$5,000,000 which has not previously been reported, including the 
amount of each such obligation. 
SEC. 306. Of the funds appropriated by this title under the 
heading ‘‘Public Health and Social Services Emergency Fund’’, up 
to $2,000,000 shall be transferred to, and merged with, funds made 
available under the heading ‘‘Office of the Secretary, Office of 
Inspector General’’, and shall remain available until expended, for 
oversight of activities supported with funds appropriated to the 
Department of Health and Human Services in titles I and III: 
Provided, That the Inspector General of the Department of Health 
and Human Services shall consult with the Committees on Appro-
priations of the House of Representatives and the Senate prior 
to obligating such funds: Provided further, That the transfer 
authority provided by this section is in addition to any other transfer 
authority provided by law. 

H. R. 6074—7 
TITLE IV 
DEPARTMENT OF STATE 
ADMINISTRATION OF FOREIGN AFFAIRS 
DIPLOMATIC PROGRAMS 
For 
an 
additional 
amount 
for 
‘‘Diplomatic 
Programs’’, 
$264,000,000, to remain available until September 30, 2022, for 
necessary expenses to prevent, prepare for, and respond to 
coronavirus, 
including 
for 
maintaining 
consular 
operations, 
reimbursement of evacuation expenses, and emergency prepared-
ness: Provided, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985. 
UNITED STATES AGENCY FOR INTERNATIONAL 
DEVELOPMENT 
FUNDS APPROPRIATED TO THE PRESIDENT 
OFFICE OF INSPECTOR GENERAL 
For an additional amount for ‘‘Office of Inspector General’’, 
$1,000,000, to remain available until September 30, 2022, for over-
sight of activities funded by this title and administered by the 
United States Agency for International Development: Provided, 
That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of 
the Balanced Budget and Emergency Deficit Control Act of 1985. 
BILATERAL ECONOMIC ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
GLOBAL HEALTH PROGRAMS 
For an additional amount for ‘‘Global Health Programs’’, 
$435,000,000, to remain available until September 30, 2022, for 
necessary expenses to prevent, prepare for, and respond to 
coronavirus: Provided, That such funds shall be administered by 
the Administrator of the United States Agency for International 
Development: Provided further, That of the funds appropriated 
under this heading in this Act, not less than $200,000,000 shall 
be transferred to, and merged with, funds made available for the 
Emergency Reserve Fund established pursuant to section 7058(c)(1) 
of the Department of State, Foreign Operations, and Related Pro-
grams Appropriations Act, 2017 (division J of Public Law 115– 
31): Provided further, That funds made available pursuant to the 
previous proviso shall be made available under the terms and 
conditions of such section, as amended: Provided further, That 
such amount is designated by the Congress as being for an emer-
gency requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 

H. R. 6074—8 
INTERNATIONAL DISASTER ASSISTANCE 
For an additional amount for ‘‘International Disaster Assist-
ance’’, $300,000,000, to remain available until expended, for nec-
essary expenses to prevent, prepare for, and respond to coronavirus: 
Provided, That such amount is designated by the Congress as 
being 
for 
an 
emergency 
requirement 
pursuant 
to 
section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985. 
ECONOMIC SUPPORT FUND 
For an additional amount for ‘‘Economic Support Fund’’, 
$250,000,000, to remain available until September 30, 2022, for 
necessary expenses to prevent, prepare for, and respond to 
coronavirus, including to address related economic, security, and 
stabilization requirements: Provided, That such amount is des-
ignated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
GENERAL PROVISIONS—THIS TITLE 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 401. Funds appropriated by this title shall only be made 
available for obligation subject to the regular notification procedures 
of the Committees on Appropriations of the House of Representa-
tives and the Senate: Provided, That the requirement of this section 
shall not apply to funds appropriated by this title under the heading 
‘‘International Disaster Assistance’’. 
SEC. 402. (a) Funds appropriated by this title under the heading 
‘‘Diplomatic Programs’’ may be transferred to, and merged with, 
funds available under the ‘‘Consular and Border Security Programs’’ 
account to maintain consular operations impacted by coronavirus. 
(b) Of the funds appropriated by this title under the heading 
‘‘Economic Support Fund’’, up to $7,000,000 may be transferred 
to, and merged with, funds appropriated under the heading ‘‘Oper-
ating Expenses’’ in Acts making appropriations for the Department 
of State, foreign operations, and related programs to prevent, pre-
pare for, and respond to coronavirus. 
(c) Funds appropriated by this title under the headings ‘‘Global 
Health Programs’’, ‘‘International Disaster Assistance’’, and ‘‘Eco-
nomic Support Fund’’ may be transferred to, and merged with, 
funds appropriated by this title under such headings to prevent, 
prepare for, and respond to coronavirus. 
(d) The transfer authorities of this section are in addition 
to any other transfer authority provided by law. 
(e) Upon a determination that all or part of the funds trans-
ferred pursuant to the authorities provided by this section are 
not necessary for such purposes, such amounts may be transferred 
back to such appropriations. 
(f) No funds shall be transferred pursuant to this section unless 
at least 5 days prior to making such transfer the Secretary of 
State or the Administrator of the United States Agency for Inter-
national Development, as appropriate, notifies the Committees on 
Appropriations of the House of Representatives and the Senate 
in writing of the details of any such transfer. 

H. R. 6074—9 
SEC. 403. Paragraph (6)(B) under the heading ‘‘Administration 
of Foreign Affairs, Diplomatic Programs’’ of the Department of 
State, Foreign Operations, and Related Programs Appropriations 
Act, 2020 (division G of Public Law 116–94) is amended by striking 
‘‘, not to exceed $10,000,000’’ and inserting in lieu thereof ‘‘for 
Worldwide Security Protection, not to exceed $100,000,000’’ and 
by adding the following before the period at the end: ‘‘: Provided, 
That no amounts may be transferred from amounts that were 
designated by the Congress for Overseas Contingency Operations/ 
Global War on Terrorism pursuant to the Concurrent Resolution 
on the Budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985’’: Provided, That the exercise of the authority 
provided by such paragraph shall be subject to prior consultation 
with the Committees on Appropriations of the House of Representa-
tives and the Senate. 
SEC. 404. Funds appropriated by this title under the headings 
‘‘Global Health Programs’’ and ‘‘Economic Support Fund’’ may be 
made available as contributions to international organizations to 
prevent, prepare for, and respond to coronavirus, following consulta-
tion with the Committees on Appropriations of the House of Rep-
resentatives and the Senate. 
SEC. 405. Funds appropriated by this title under the headings 
‘‘Diplomatic Programs’’, ‘‘Global Health Programs’’, ‘‘International 
Disaster Assistance’’, and ‘‘Economic Support Fund’’ may be used 
to reimburse accounts administered by the Department of State 
and the United States Agency for International Development for 
obligations incurred to prevent, prepare for, and respond to 
coronavirus prior to the date of enactment of this Act: Provided, 
That this section shall not apply to obligations incurred by the 
Emergency Reserve Fund, established pursuant to section 7058(c)(1) 
of the Department of State, Foreign Operations, and Related Pro-
grams Appropriations Act, 2017 (division J of Public Law 115– 
31). 
SEC. 406. (a) STRATEGY.—Not later than 15 days after the 
date of enactment of this Act, the Secretary of State and the 
Administrator of the United States Agency for International 
Development, following consultation with the heads of other rel-
evant Federal agencies, shall jointly submit to the Committees 
on Appropriations of the House of Representatives and the Senate 
a strategy to prevent, prepare for, and respond to coronavirus 
abroad. 
(b) REPORTING REQUIREMENT.—Not later than 30 days after 
enactment of this Act, the Secretary of State and the Administrator 
of the United States Agency for International Development shall 
jointly submit to the Committees on Appropriations of the House 
of Representatives and the Senate a report on the proposed uses 
of funds appropriated by this title on a country and project basis: 
Provided, That such report shall be updated and submitted to 
such Committees every 60 days thereafter until September 30, 
2022, and every 180 days thereafter until all funds have been 
expended, and shall include information detailing how estimates 
and assumptions contained in previous reports have changed, 
including obligations and expenditures on a country and project 
basis. 

H. R. 6074—10 
TITLE V 
GENERAL PROVISIONS—THIS ACT 
SEC. 501. Each amount appropriated or made available by 
this Act is in addition to amounts otherwise appropriated for the 
fiscal year involved. 
SEC. 502. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein. 
SEC. 503. Unless otherwise provided for by this Act, the addi-
tional amounts appropriated by this Act to appropriations accounts 
shall be available under the authorities and conditions applicable 
to such appropriations accounts for fiscal year 2020. 
SEC. 504. (a) Subject to subsection (b), and notwithstanding 
any other provision of law, funds made available in this Act, or 
transferred pursuant to authorization granted in this Act, may 
only be used to prevent, prepare for, and respond to coronavirus. 
(b) Subsection (a) shall not apply to section 301(c) of this 
Act, or to reimbursements made pursuant to authority in this 
Act, or to funds made available in this Act for the Emergency 
Reserve Fund, established pursuant to section 7058(c)(1) of division 
J of Public Law 115–31, or to funds made available in this Act 
for the Infectious Diseases Rapid Response Reserve Fund, estab-
lished pursuant to section 231 of division B of Public Law 115– 
245. 
SEC. 505. Not later than 60 days after the date of enactment 
of this Act, the Comptroller General of the United States shall 
consult with the Committees on Appropriations of the House of 
Representatives and the Senate on oversight of activities supported 
with funds appropriated by this Act. 
SEC. 506. In this Act, the term ‘‘coronavirus’’ means SARS– 
CoV–2 or another coronavirus with pandemic potential. 
SEC. 507. Each amount designated in this Act by the Congress 
as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985 shall be available (or rescinded or transferred, 
if applicable) only if the President subsequently so designates all 
such amounts and transmits such designations to the Congress. 
SEC. 508. Any amount appropriated by this Act, designated 
by the Congress as an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985 and subsequently so designated by the President, 
and transferred pursuant to transfer authorities provided by this 
Act shall retain such designation. 
This division may be cited as the ‘‘Coronavirus Preparedness 
and Response Supplemental Appropriations Act, 2020’’. 
DIVISION 
B—TELEHEALTH 
SERVICES 
DURING CERTAIN EMERGENCY PERI-
ODS 
SEC. 101. SHORT TITLE. 
This division may be cited as the ‘‘Telehealth Services During 
Certain Emergency Periods Act of 2020’’. 

H. R. 6074—11 
SEC. 102. SECRETARIAL AUTHORITY TO TEMPORARILY WAIVE OR 
MODIFY APPLICATION OF CERTAIN MEDICARE REQUIRE-
MENTS WITH RESPECT TO TELEHEALTH SERVICES FUR-
NISHED DURING CERTAIN EMERGENCY PERIODS. 
(a) IN GENERAL.— 
(1) WAIVER
AUTHORITY.—The first sentence of section 
1135(b) of the Social Security Act (42 U.S.C. 1320b–5(b)) is 
amended— 
(A) in paragraph (6), by striking ‘‘and’’ at the end; 
(B) in paragraph (7), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by inserting after paragraph (7) the following new 
paragraph: 
‘‘(8) in the case of a telehealth service (as defined in para-
graph (4)(F) of section 1834(m)) furnished in any emergency 
area (or portion of such an area) during any portion of any 
emergency period to an individual by a qualified provider (as 
defined in subsection (g)(3))— 
‘‘(A) the requirements of paragraph (4)(C) of such sec-
tion, except that a facility fee under paragraph (2)(B)(i) 
of such section may only be paid to an originating site 
that is a site described in any of subclauses (I) through 
(IX) of paragraph (4)(C)(ii) of such section; and 
‘‘(B) the restriction on use of a telephone described 
in the second sentence of section 410.78(a)(3) of title 42, 
Code of Federal Regulations (or a successor regulation), 
but only if such telephone has audio and video capabilities 
that are used for two-way, real-time interactive communica-
tion.’’. 
(2) DEFINITION OF QUALIFIED PROVIDER.—Section 1135(g) 
of the Social Security Act (42 U.S.C. 1320b–5(g)) is amended 
by adding at the end the following new paragraph: 
‘‘(3) QUALIFIED
PROVIDER.—The term ‘qualified provider’ 
means, with respect a telehealth service (as defined in para-
graph (4)(F) of section 1834(m)) furnished to an individual, 
a physician or practitioner (as defined in paragraph (4)(D) 
or (4)(E), respectively, of such section) who— 
‘‘(A) furnished to such individual an item or service 
for which payment was made under title XVIII during 
the 3-year period ending on the date such telehealth service 
was furnished; or 
‘‘(B) is in the same practice (as determined by tax 
identification number) of a physician or practitioner (as 
so defined) who furnished such an item or service to such 
individual during such period.’’. 
(3) IMPLEMENTATION.—The Secretary of Health and Human 
Services may implement the amendments made by this sub-
section by program instruction or otherwise. 
(b) CLARIFICATION OF DEFINITIONS OF EMERGENCY AREA AND 
EMERGENCY PERIOD.—Paragraph (1) of section 1135(g) of the Social 
Security Act (42 U.S.C. 1320b–5(g)) is amended to read as follows: 
‘‘(1) EMERGENCY AREA; EMERGENCY PERIOD.— 
‘‘(A) IN
GENERAL.—Subject to subparagraph (B), an 
‘emergency area’ is a geographical area in which, and an 
‘emergency period’ is the period during which, there 
exists— 

H. R. 6074—12 
‘‘(i) an emergency or disaster declared by the Presi-
dent pursuant to the National Emergencies Act or 
the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act; and 
‘‘(ii) a public health emergency declared by the 
Secretary pursuant to section 319 of the Public Health 
Service Act. 
‘‘(B) EXCEPTION.—For purposes of subsection (b)(8), an 
‘emergency area’ is a geographical area in which, and an 
‘emergency period’ is the period during which, there 
exists— 
‘‘(i) the public health emergency declared by the 
Secretary pursuant to section 319 of the Public Health 
Service Act on January 31, 2020, entitled ‘Determina-
tion that a Public Health Emergency Exists Nationwide 
as the Result of the 2019 Novel Coronavirus’; and 
‘‘(ii) any renewal of such declaration pursuant to 
such section 319.’’. 
SEC. 103. BUDGETARY EFFECTS. 
(a) STATUTORY PAYGO SCORECARDS.—The budgetary effects 
of this division shall not be entered on either PAYGO scorecard 
maintained pursuant to section 4(d) of the Statutory Pay-As-You- 
Go Act of 2010. 
(b) SENATE PAYGO SCORECARDS.—The budgetary effects of this 
division shall not be entered on any PAYGO scorecard maintained 
for purposes of section 4106 of H. Con. Res. 71 (115th Congress). 
(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding 
Rule 3 of the Budget Scorekeeping Guidelines set forth in the 
joint explanatory statement of the committee of conference accom-
panying Conference Report 105–217 and section 250(c)(8) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, the 
budgetary effects of this division shall not be estimated— 
(1) for purposes of section 251 of such Act; and 
(2) for purposes of paragraph (4)(C) of section 3 of the 
Statutory Pay-As-You-Go Act of 2010 as being included in an 
appropriation Act. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.

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