[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7007 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7007
Making emergency supplemental appropriations for coronavirus response
and relief for the fiscal year ending September 30, 2022, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 9, 2022
Ms. DeLauro introduced the following bill; which was referred to the
Committee on Appropriations, and in addition to the Committee on the
Budget, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
Making emergency supplemental appropriations for coronavirus response
and relief for the fiscal year ending September 30, 2022, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2022, and for
other purposes, namely:
TITLE I
DEPARTMENT OF HEALTH AND HUMAN SERVICES
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'', $10,600,000,000, to remain available until September
30, 2025, to prevent, prepare for, and respond to coronavirus,
including for necessary expenses with respect to the research and
development, manufacturing, production, purchase, and distribution of
vaccines, therapeutics, diagnostics, and medical products, services,
and supplies: Provided, That of the amount provided under this heading
in this Act, up to $9,850,000,000 shall be available to the Biomedical
Advanced Research and Development Authority for necessary expenses of
advanced research and development, manufacturing, production, and
purchase, at the discretion of the Secretary of Health and Human
Services, of vaccines, therapeutics, diagnostics, and supplies
necessary for the administration of such vaccines, therapeutics, and
diagnostics: Provided further, That from the amount made available in
the preceding proviso, not less than $5,000,000,000 shall be available
for necessary expenses to research, develop, manufacture, produce,
purchase, and administer therapeutics: Provided further, That from the
amount made available under this heading in this Act, not less than
$750,000,000 shall be available for research and clinical trials
related to research on, clinical trials for, and development and
procurement of, vaccines for emerging coronavirus variants, and to
support the sustainment and expansion of vaccine manufacturing
capacity, including fill-finish capacity: Provided further, That
products, supplies, and equipment purchased with amounts provided under
this heading in this Act may, at the discretion of the Secretary of
Health and Human Services, be deposited in the Strategic National
Stockpile under section 319F-2(a) of the Public Health Service Act:
Provided further, That amounts provided under this heading in this Act
may be used for the construction, alteration, or renovation of non-
federally owned U.S.-based facilities for the production of vaccines,
therapeutics, diagnostics, and ancillary medical supplies where the
Secretary determines that such a contract is necessary to secure
sufficient amounts of such supplies: Provided further, That amounts
provided under this heading in this Act may be transferred to, and
merged with, the fund authorized by section 319F-4, the Covered
Countermeasure Process Fund, of the Public Health Service Act:
Provided further, That the transfer authority provided under this
heading in this Act is in addition to any other transfer authority
provided by law: Provided further, That the Secretary shall notify the
Committees on Appropriations of the House of Representatives and the
Senate at least 2 days in advance of any obligation in excess of
$50,000,000, including but not limited to contracts and interagency
agreements, from amounts provided under this heading in this Act:
Provided further, That the Secretary shall provide a report to the
Committees on Appropriations of the House of Representatives and the
Senate not later than 30 days after the date of enactment of this Act,
and every 30 days thereafter until all amounts provided under this
heading in this Act have been expended, detailing obligations of such
amounts in excess of $20,000,000, with annotation of which Department
or agency, and component thereof is managing the contract; the current
inventory of COVID-19 vaccines, therapeutics, and diagnostics; and the
distribution of COVID-19 vaccines, therapeutics, and diagnostics during
the previous month, reported by State and other jurisdiction.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
Sec. 1101. Funds appropriated by this title under the heading
``Public Health and Social Services Emergency Fund'' may be transferred
to, and merged with, other appropriation accounts under the heading
``National Institutes of Health'' to prevent, prepare for, and respond
to coronavirus: 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 the transfer
authority provided by this section is in addition to any other transfer
authority provided by law: Provided further, That, upon a
determination that all or part of the funds transferred from an
appropriation by this Act are not necessary, such amounts may be
transferred back to that appropriation: Provided further, That none of
the funds made available by this Act may be transferred pursuant to the
authority in section 205 of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 2022
or section 241(a) of the Public Health Service Act.
Sec. 1102. 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 in this
title, including estimated personnel and administrative costs, to the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That such plans shall be updated and submitted to
such Committees every 60 days until all funds are expended: Provided
further, That the spend plans shall be accompanied 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:
Provided further, That the Committees on Appropriations of the House
of Representatives and the Senate shall be briefed on obligations
quarterly until all funds are expended.
Sec. 1103. Not later than 60 days after the date of enactment of
this Act, the Secretary of Health and Human Services shall provide
biweekly obligation reports, including anticipated use of funds made
available in this title, to the Committees on Appropriations of the
House of Representatives and the Senate: Provided, That such reports
shall be updated and submitted biweekly to the Committees until all
funds are expended.
Sec. 1104. Not later than 30 days after the date of enactment of
this Act, the Secretary of Health and Human Services shall provide
monthly reports on obligations made with these supplemental funds
related to: (1) research; (2) advanced development; (3) procurement; or
(4) administration activities to the Committees on Appropriations of
the House of Representatives and the Senate and the Committee on Energy
and Commerce of the House of Representatives and Committee on Health,
Education, Labor, and Pensions of the Senate: Provided, That such
report shall include for procurement contracts: (1) recipient; (2)
total number of units purchased; (3) delivery dates; (4) any options on
such contracts; and (5) location of manufactured product: Provided
further, That such report shall include projections of the supply of
and domestic need for vaccines, therapeutics, tests, and ancillary
medical supplies over the next 90 days to prepare for and respond to
coronavirus, to the extent such information is available: Provided
further, That such reports shall be updated and submitted monthly to
the Committees until all funds are expended.
TITLE II
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For an additional amount for ``Diplomatic Programs'', $15,000,000,
to remain available until September 30, 2024, to prevent, prepare for,
and respond to coronavirus.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $35,000,000,
to remain available until September 30, 2024, to prevent, prepare for,
and respond to coronavirus.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health programs
For an additional amount for ``Global Health Programs'',
$4,450,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus: Provided, That funds may be made
available as contributions, including to the Global Fund to Fight AIDS,
Tuberculosis, and Malaria, and to Gavi, the Vaccine Alliance: Provided
further, That any contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria made pursuant to the preceding proviso shall
be made available notwithstanding section 202(d)(4)(A)(i) of the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (22 U.S.C. 7622(d)(4)(A)(i)), and such contribution shall not be
considered a contribution for the purpose of applying such section
202(d)(4)(A)(i).
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$425,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus, and for humanitarian needs.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$75,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus, and for humanitarian needs.
GENERAL PROVISIONS--THIS TITLE
(including transfers of funds)
Sec. 1201. The reporting requirement provided by section 406(b) of
the Coronavirus Preparedness and Response Supplemental Appropriations
Act, 2020 (division A of Public Law 116-123) shall apply to funds
appropriated by this title, except that such section 406(b) shall be
applied to such funds by substituting ``September 30, 2023'' for
``September 30, 2022''.
Sec. 1202. (a) Funds appropriated by this title under the headings
``Global Health Programs'', ``International Disaster Assistance'', and
``Migration and Refugee Assistance'' may be transferred to, and merged
with, funds appropriated by this title under such headings to prevent,
prepare for, and respond to coronavirus, and for humanitarian needs.
(b) The authorities and limitations provided by sections 402(d),
402(e), and 402(f) of the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (division A of Public Law 116-
123) shall apply to the funds appropriated and authorities provided by
this title.
TITLE III
GENERAL PROVISIONS--THIS ACT
Sec. 1301. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 1302. 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. 1303. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable to
such appropriations accounts for fiscal year 2022.
Sec. 1304. Each amount provided by this Act is designated by the
Congress as being for an emergency requirement pursuant to section
4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022.
Sec. 1305. In this Act, the term ``coronavirus'' means SARS-CoV-2
or another coronavirus with pandemic potential.
Sec. 1306. (a) Of the unobligated balances from amounts made
available to the Department of Agriculture in section 1001(a) of
subtitle A of title I of the American Rescue Plan Act of 2021 (Public
Law 117-2), $1,000,000,000 are hereby permanently rescinded.
(b) Of the unobligated balances from amounts made available under
the heading ``Small Business Administration--Business Loans Program
Account, CARES Act'' in section 323(d)(1)(A) of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-260) for the cost
of guaranteed loans as authorized under paragraphs (36) and (37) of
section 7(a) of the Small Business Act (15 U.S.C. 636(a)),
$2,950,000,000 are hereby permanently rescinded.
(c) Of the unexpended balances remaining from amounts made
available under the heading ``Small Business Administration--Business
Loans Program Account, CARES Act'' in section 1107(a)(1) of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
136), as amended by section 101(a)(2) of division A of the Paycheck
Protection Program and Health Care Enhancement Act (Public Law 116-
139), $1,904,000,000 shall be returned to the Treasury.
(d) Of the unobligated balances from amounts made available to the
Department of Education in section 2003 of title II of the American
Rescue Plan Act of 2021 (Public Law 117-2) and allocated to
institutions of higher education as defined in section 102(b) of the
Higher Education Act of 1965, $100,000,000 are hereby permanently
rescinded.
(e) Of the unobligated balances from amounts made available to the
Department of Transportation in section 7202(a) of title VII of the
American Rescue Plan Act of 2021 (Public Law 117-2), $2,000,000,000 are
hereby permanently rescinded.
(f) Of the unobligated balances from amounts made available to the
Secretary of the Treasury (referred to in this subsection as
``Secretary'') for administrative expenses pursuant to section 4003(f)
of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136), up to $55,000,000 shall be available to the Secretary for any
administrative expenses of the Department of the Treasury determined by
the Secretary to be necessary to implement section 501 of division N of
the Consolidated Appropriations Act, 2021 (Public Law 116-260), section
3201 of the American Rescue Plan Act of 2021 (Public Law 117-2), or
title VI of the Social Security Act (42 U.S.C. 801 et seq.), in
addition to amounts otherwise available for such purposes.
(g)(1) Statutory PAYGO Scorecards.--The budgetary effects of this
section shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(2) Senate PAYGO Scorecards.--The budgetary effects of this section
shall not be entered on any PAYGO scorecard maintained for purposes of
section 4106 of H. Con. Res. 71 (115th Congress).
(3) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying 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 section
shall not be estimated--
(A) for purposes of section 251 of such Act;
(B) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the Congressional
Budget Act of 1974; and
(C) 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.
Sec. 1307. Of the unobligated balances from amounts made available
to the Department of Agriculture under the heading ``Agricultural
Programs--Office of the Secretary'' in title I of division B of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
136), $650,000,000 are hereby permanently rescinded: Provided, That
the amounts rescinded pursuant to this section that were previously
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 are designated by the Congress as an emergency
requirement pursuant to section 4001(a)(1) and section 4001(b) of S.
Con. Res. 14 (117th Congress), the concurrent resolution on the budget
for fiscal year.
This Act may be cited as the ``COVID Supplemental Appropriations
Act, 2022''.
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