Text: H.R.6074 — 116th Congress (2019-2020)All Information (Except Text)

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Public Law No: 116-123 (03/06/2020)

 
[116th Congress Public Law 123]
[From the U.S. Government Publishing Office]



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 CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 
                                  2020

[[Page 134 STAT. 146]]

Public Law 116-123
116th Congress

                                 An Act


 
Making emergency supplemental appropriations for the fiscal year ending 
      September 30, 2020, and for other purposes. <<NOTE: Mar. 6, 
                         2020 -  [H.R. 6074]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Coronavirus 
Preparedness and Response Supplemental Appropriations Act, 2020.>> 
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-- <<NOTE: Coronavirus Preparedness and Response Supplemental 
   Appropriations Act, 2020.>> 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 administrative 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.

[[Page 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 Business 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 Program 
Support'', $2,200,000,000, to remain available until September 30, 2022, 
to prevent, prepare for, and respond to coronavirus, domestically or 
internationally: <<NOTE: Grants. Contracts.>>   Provided, That not less 
than $950,000,000 of the amount provided shall be for grants to or 
cooperative agreements 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 preparedness and response activities:  Provided 
further, <<NOTE: Deadline.>> 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

[[Page 134 STAT. 148]]

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 Centers 
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, <<NOTE: Spend plan. Deadline.>> 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''), established by section 231 of 
division B of Public Law 115-245:  Provided 
further, <<NOTE: Consultation. Reports. Time period.>> 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 Representatives 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 
facilities 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 countries:  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.

                      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 Environmental 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 requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

[[Page 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 September 
30, 2024, to prevent, prepare for, and respond to coronavirus, 
domestically or internationally, including the development of necessary 
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 activities:  Provided, That 
such funds may be used to develop and demonstrate innovations and 
enhancements to manufacturing platforms to support such capabilities:  
Provided further, <<NOTE: Vaccines. Determination.>> 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 quantities 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 Countermeasure 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: <<NOTE: Determination. Contracts.>>  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, <<NOTE: Grants.>> 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.

[[Page 134 STAT. 150]]

    For an additional amount for ``Public Health and Social Services 
Emergency Fund'', $300,000,000, to remain available until September 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 conditions as the amounts made 
available in the first paragraph under this heading in this Act: 
<<NOTE: Certification. Determination.>> 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 necessary to purchase vaccines, 
therapeutics, or diagnostics in quantities determined by the Secretary 
to be adequate help to address the public health 
need: <<NOTE: Notification.>>  Provided further, That the Secretary 
shall notify the Committees on Appropriations of the House of 
Representatives and the Senate of such certification:  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.

                     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 reimbursement, 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 obligations incurred by the 
Infectious Diseases Rapid Response Reserve Fund.
    (b) <<NOTE: Grants. Contracts. Reimbursements. Time period.>>  
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, infection 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 enactment of this Act.

    (c) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 151]]

            (2) the Secretary has determined that such a public health 
        threat exists.

    Sec. 303. <<NOTE: Notification.>>   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 <<NOTE: Expiration date.>> further, That 
the authority made available pursuant to this section shall expire on 
September 30, 2024.

    Sec. 304. <<NOTE: Consultation.>>   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: <<NOTE: Notification.>>  
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, <<NOTE: Determination.>> 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 appropriation:  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. <<NOTE: Deadline. Spend plan.>>  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 Representatives and the 
Senate:  Provided, <<NOTE: Updates. Time period.>> That such plan shall 
be updated and submitted to such Committees every 60 days until 
September 30, 2024:  Provided further, <<NOTE: Lists. Contracts.>> 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.

    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, <<NOTE: Consultation.>>  
That <<NOTE: Notification.>>  the Inspector General of the Department of 
Health and Human Services shall consult with the Committees on 
Appropriations 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.

[[Page 134 STAT. 152]]

                                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 preparedness:  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.

           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 oversight 
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 Programs 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 emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

[[Page 134 STAT. 153]]

                    international disaster assistance

    For an additional amount for ``International Disaster Assistance'', 
$300,000,000, to remain available until expended, for necessary 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 Control 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 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.

                     GENERAL PROVISIONS--THIS TITLE

                      (including transfer of funds)

    Sec. 401. <<NOTE: Notification.>>   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 Representatives 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 ``Operating Expenses'' 
in Acts making appropriations for the Department of State, foreign 
operations, and related programs to prevent, prepare for, and respond to 
coronavirus.
    (c) Funds appropriated by this title under the headings ``Global 
Health Programs'', ``International Disaster Assistance'', and ``Economic 
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 transferred 
pursuant to the authorities provided by this section are not necessary 
for such purposes, such amounts may be transferred back to such 
appropriations.
    (f) <<NOTE: Time period. Notification.>>  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 International 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.

[[Page 134 STAT. 154]]

    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) <<NOTE: 133 Stat. 2817.>>  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, <<NOTE: Consultation.>>  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 Representatives and the 
Senate.

    Sec. 404. <<NOTE: Consultation.>>   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 consultation with the Committees on Appropriations of the 
House of Representatives 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 Programs Appropriations Act, 2017 
(division J of Public Law 115-31).
    Sec. 406. <<NOTE: Deadline. Consultation.>>  (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 relevant 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 <<NOTE: Updates. Time 
periods.>> 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.

[[Page 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 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 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, established pursuant to section 231 of division B 
of Public Law 115-245.
    Sec. 505. <<NOTE: Reports. Consultation.>>   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. <<NOTE: Definition.>>   In this Act, the term 
``coronavirus'' means SARS-CoV-2 or another coronavirus with pandemic 
potential.

    Sec. 507. <<NOTE: President.>>   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 
Control 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. <<NOTE: President.>>   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 
Control 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-- <<NOTE: Telehealth Services During Certain Emergency 
  Periods Act of 2020.>> TELEHEALTH SERVICES DURING CERTAIN EMERGENCY 
PERIODS
SEC. <<NOTE: 42 USC 1305 note.>>  101. SHORT TITLE.

    This division may be cited as the ``Telehealth Services During 
Certain Emergency Periods Act of 2020''.

[[Page 134 STAT. 156]]

SEC. 102. SECRETARIAL AUTHORITY TO TEMPORARILY WAIVE OR MODIFY 
                        APPLICATION OF CERTAIN MEDICARE 
                        REQUIREMENTS WITH RESPECT TO TELEHEALTH 
                        SERVICES FURNISHED 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 
        paragraph (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 
                section, 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 communication.''.
            (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 
        paragraph (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 subsection by 
        program instruction or otherwise.

    (b) <<NOTE: 42 USC 1320b-5 note.>>  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--

[[Page 134 STAT. 157]]

                          ``(i) an emergency or disaster declared by the 
                      President 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 `Determination 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 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 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.
            Mar. 5, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
            Mar. 6, Presidential remarks.

                                  <all>

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