134 Stat. 146 (Pub. L. 116-123, Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020)
Summary
Public Law 116–123, the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020, an Act of the 116th Congress approved March 6, 2020 (H.R. 6074) and printed beginning at 134 STAT. 146. It makes emergency supplemental appropriations for the fiscal year ending September 30, 2020 to prevent, prepare for, and respond to coronavirus. Title I provides $61,000,000 for Food and Drug Administration salaries and expenses, including medical countermeasures and vaccines. Title II provides $20,000,000 to the Small Business Administration Disaster Loans Program Account and provides that, for purposes of section 7(b)(2)(D) of the Small Business Act, coronavirus shall be deemed to be a disaster. The legislative history records passage in the House on Mar. 4 and in the Senate on Mar. 5.
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“134 Stat. 146 (Pub. L. 116-123, Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/134-stat-146-pub-l-116-123-coronavirus-preparedness-and-response-suppl-1779b9dd21/
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134 STAT. 146 PUBLIC LAW 116–123—MAR. 6, 2020
Public Law 116–123
116th Congress
An Act
Mar. 6, 2020 Making emergency supplemental appropriations for the fiscal year ending September
[H.R. 6074] 30, 2020, and for other purposes.
Be it enacted by the Senate and House of Representatives of
Coronavirus the United States of America in Congress assembled,
Preparedness
and Response SECTION 1. SHORT TITLE.
Supplemental
Appropriations This Act may be cited as the ‘‘Coronavirus Preparedness and
Act, 2020. 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.
Coronavirus DIVISION A—CORONAVIRUS PREPAREDNESS AND
Preparedness RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020
and Response
Supplemental The following sums are hereby are appropriated, out of any
Appropriations
Act, 2020. 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.
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PUBLIC LAW 116–123—MAR. 6, 2020 134 STAT. 147
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 Grants.
of the amount provided shall be for grants to or cooperative agree- Contracts.
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 Deadline.
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
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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
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134 STAT. 148 PUBLIC LAW 116–123—MAR. 6, 2020
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:
Spend plan. Provided further, That each grantee described in the third proviso
Deadline. 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
Consultation. further, That the Secretary of Health and Human Services, in
Reports. consultation with the Director of the CDC, shall provide a report
Time period.
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-
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ment pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
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PUBLIC LAW 116–123—MAR. 6, 2020 134 STAT. 149
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 Vaccines.
of Health and Human Services shall purchase vaccines developed Determination.
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, Determination.
That funds appropriated under this heading in this Act may be Contracts.
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 Grants.
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
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to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
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134 STAT. 150 PUBLIC LAW 116–123—MAR. 6, 2020
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
Certification. this heading in this Act: Provided, That the amount made available
Determination. 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
Notification. 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.
Grants. (b) Grants or cooperative agreements with States, localities,
Contracts. territories, tribes, tribal organizations, urban Indian health
Reimbursements. organizations, or health service providers to tribes, under this title,
Time period.
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.
Deadline. (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
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perform critical work relating to coronavirus for which—
(1) public notice has been given; and
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PUBLIC LAW 116–123—MAR. 6, 2020 134 STAT. 151
(2) the Secretary has determined that such a public health
threat exists.
SEC. 303. Funds made available by this title may be used Notification.
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 Expiration date.
the authority made available pursuant to this section shall expire
on September 30, 2024.
SEC. 304. Funds appropriated by this title may be transferred Consultation.
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 Notification.
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 Determination.
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 Deadline.
of this Act, the Secretary of Health and Human Services shall Spend plan.
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 Updates.
and submitted to such Committees every 60 days until September Time period.
30, 2024: Provided further, That the spend plans shall be accom- Lists.
panied by a listing of each contract obligation incurred that exceeds Contracts.
$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 Consultation.
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
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authority provided by this section is in addition to any other transfer
authority provided by law.
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134 STAT. 152 PUBLIC LAW 116–123—MAR. 6, 2020
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-
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gency requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985.
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PUBLIC LAW 116–123—MAR. 6, 2020 134 STAT. 153
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 Notification.
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 Time period.
at least 5 days prior to making such transfer the Secretary of Notification.
State or the Administrator of the United States Agency for Inter-
national Development, as appropriate, notifies the Committees on
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Appropriations of the House of Representatives and the Senate
in writing of the details of any such transfer.
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134 STAT. 154 PUBLIC LAW 116–123—MAR. 6, 2020
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
133 Stat. 2817. 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
Consultation. 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.
Consultation. 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).
Deadline. SEC. 406. (a) STRATEGY.—Not later than 15 days after the
Consultation. 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:
Updates. Provided, That such report shall be updated and submitted to
Time periods. 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
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basis.
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PUBLIC LAW 116–123—MAR. 6, 2020 134 STAT. 155
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 Reports.
of this Act, the Comptroller General of the United States shall Consultation.
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– Definition.
CoV–2 or another coronavirus with pandemic potential.
SEC. 507. Each amount designated in this Act by the Congress President.
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 President.
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 Telehealth
Services During
DURING CERTAIN EMERGENCY PERI- Certain
Emergency
ODS Periods Act
of 2020.
SEC. 101. SHORT TITLE. 42 USC 1305
whamilton on LAP1Z6H6L3PROD with STATUTES
note.
This division may be cited as the ‘‘Telehealth Services During
Certain Emergency Periods Act of 2020’’.
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134 STAT. 156 PUBLIC LAW 116–123—MAR. 6, 2020
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.
42 USC 1320b–5 (b) CLARIFICATION OF DEFINITIONS OF EMERGENCY AREA AND
note. 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
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‘emergency period’ is the period during which, there
exists—
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PUBLIC LAW 116–123—MAR. 6, 2020 134 STAT. 157
‘‘(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.
Approved March 6, 2020.
LEGISLATIVE HISTORY—H.R. 6074:
CONGRESSIONAL RECORD, Vol. 166 (2020):
Mar. 4, considered and passed House.
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Mar. 5, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
Mar. 6, Presidential remarks.
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