March 4, 2020 - Issue: Vol. 166, No. 43 — Daily Edition116th Congress (2019 - 2020) - 2nd Session
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CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020; Congressional Record Vol. 166, No. 43
(House of Representatives - March 04, 2020)
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[Pages H1489-H1494] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020 Mrs. LOWEY. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 6074) making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 6074 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020''. SEC. 2. REFERENCES. Except as expressly provided otherwise, any reference to ``this Act'' contained in any division of this Act shall be treated as referring only to the provisions of that division. DIVISION A--CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020 The following sums are hereby are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2020, and for other purposes, namely: TITLE I DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration salaries and expenses For an additional amount for ``Salaries and Expenses'', $61,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including the development of necessary medical countermeasures and vaccines, advanced manufacturing for medical products, the monitoring of medical product supply chains, and related 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. 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 [[Page H1490]] 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: 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, 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 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, 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, 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. 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, 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: Provided further, That funds appropriated under this heading in this Act may be used for the construction, alteration, or renovation of non-Federally owned facilities for the production of vaccines, therapeutics, and diagnostics where the Secretary determines that such a contract is necessary to secure sufficient amounts of such supplies: Provided further, That of the amount provided under this heading in this Act, $100,000,000 shall be transferred to ``Health Resources and Services Administration--Primary Health Care'' for grants under the Health Centers Program, as defined by section 330 of the Public Health Service Act, to prevent, prepare for, and respond to coronavirus: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 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: 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: 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) 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) 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 [[Page H1491]] 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 (2) the Secretary has determined that such a public health threat exists. Sec. 303. Funds made available by this title may be used to enter into contracts with individuals for the provision of personal services (as described in section 104 of part 37 of title 48, Code of Federal Regulations (48 CFR 37.104)) to support the prevention of, preparation for, or response to coronavirus, domestically and internationally, subject to prior notification to the Committees on Appropriations of the House of Representatives and the Senate: Provided, That such individuals may not be deemed employees of the United States for the purpose of any law administered by the Office of Personnel Management: Provided further, That the authority made available pursuant to this section shall expire on September 30, 2024. Sec. 304. Funds appropriated by this title may be transferred to, and merged with, other appropriation accounts under the headings ``Centers for Disease Control and Prevention'', ``Public Health and Social Services Emergency Fund'', and ``National Institutes of Health'' to prevent, prepare for, and respond to coronavirus, domestically or internationally, following consultation with the Office of Management and Budget: Provided, That the Committees on Appropriations of the House of Representatives and the Senate shall be notified 10 days in advance of any such transfer: Provided further, That upon a determination that all or part of the funds transferred from an appropriation by this title are not necessary, such amounts may be transferred back to that 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. 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, That such plan shall be updated and submitted to such Committees every 60 days until September 30, 2024: Provided further, That the spend plans shall be 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, That 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. 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. 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. 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) 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. Sec. 403. Paragraph (6)(B) under the heading ``Administration of Foreign Affairs, Diplomatic Programs'' of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116-94) is amended by striking ``, not to exceed $10,000,000'' and inserting in lieu thereof ``for Worldwide Security Protection, not to exceed $100,000,000'' and by adding the following before the period at the end: ``: Provided, That no amounts may be transferred from amounts that were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985'': Provided, That the exercise of the authority provided by such paragraph shall be subject to prior consultation with the Committees on Appropriations of the House of Representatives and the Senate. Sec. 404. Funds appropriated by this title under the headings ``Global Health Programs'' and ``Economic Support Fund'' may be made available as contributions to international organizations to prevent, prepare for, and respond to coronavirus, following consultation with the Committees on Appropriations of the House of Representatives and the Senate. [[Page H1492]] 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. (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 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. 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. Not later than 60 days after the date of enactment of this Act, the Comptroller General of the United States shall consult with the Committees on Appropriations of the House of Representatives and the Senate on oversight of activities supported with funds appropriated by this Act. Sec. 506. In this Act, the term ``coronavirus'' means SARS-CoV-2 or another coronavirus with pandemic potential. Sec. 507. Each amount designated in this Act by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 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. 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--TELEHEALTH SERVICES DURING CERTAIN EMERGENCY PERIODS SEC. 101. SHORT TITLE. This division may be cited as the ``Telehealth Services During Certain Emergency Periods Act of 2020''. 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) 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-- ``(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. The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from New York (Mrs. Lowey) and the gentlewoman from Texas (Ms. Granger) each will control 20 minutes. The Chair recognizes the gentlewoman from New York. General Leave Mrs. LOWEY. Madam Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 6074, currently under consideration. The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from New York? There was no objection. Mrs. LOWEY. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, as the coronavirus moves closer to becoming a global pandemic, it is spreading within the [[Page H1493]] United States, including in my own home county, and its death toll continues to grow. While the Trump administration has repeatedly demonstrated a failure to understand public health needs, Congress is acting with the seriousness and the sense of urgency the coronavirus threat demands. This emergency supplemental is the product of thoughtful bipartisan cooperation. It provides $8.3 billion in entirely new funding to keep Americans safe, including: More than $3 billion for research and development of vaccines, therapeutics, and diagnostics; $300 million for the government to purchase vaccines at a fair and reasonable price; $2.2 billion in public health funding for prevention, preparedness, and response, of which $950 million is to support State and local health agencies; Nearly $1 billion for medical supplies, healthcare preparedness, community health centers, and medical surge capacity; $1.2 billion to address the coronavirus abroad, which helps keep Americans safe here at home; and Low-interest loans to affected small businesses to cushion the economic blow of this public health emergency. Finally, several other important provisions have been included that will: allow seniors to access telemedicine services for coronavirus treatment, require the Trump administration to reimburse health accounts that were previously raided to pay for the coronavirus response, and ensure State and local governments are reimbursed for costs incurred while assisting the Federal response. Madam Speaker, strong funding in this legislation is a critical first step to enable a strategic, coordinated, and whole-of-government response to the coronavirus. While we all ardently hope that this public health emergency does not worsen, House Democrats will not hesitate to act again if we must augment this funding with more resources. Madam Speaker, I urge my colleagues to join me in support of this legislation, and I reserve the balance of my time. Ms. GRANGER. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise today in support of H.R. 6074, an emergency supplemental appropriations bill to fund the U.S. response to the coronavirus. When the news broke about this virus, the administration was able to respond immediately with reserve funds the Committee on Appropriations created for the Department of Health and Human Services and the U.S. Agency for International Development. These funds were championed by Republican leaders of our subcommittees and had broad bipartisan support. It is my hope that the supplemental funding bill will receive the same level of cooperation. Madam Speaker, the bill before us today will allow the administration to continue its efforts to address the virus, both at home and abroad. Specifically, the bill includes funds for the development of broadly available testing kits to diagnose those who may be infected, medicines to minimize the symptoms of the disease, and vaccines to prevent its spread. An overwhelming majority of our drug ingredients, pharmaceuticals, and medical devices are manufactured overseas. It is critical that we increase domestic drug production, increase the safety of the medical supply chain, and identify potential shortages. That is why this bill also includes funds for the Food and Drug Administration to further ensure the safety and security of all Americans. The bill will also direct nearly $1 billion to State and local public health agencies on the front lines protecting our communities. Finally, the bill protects American citizens abroad and helps prevent further spread of coronavirus worldwide by providing just over $1 billion for the State Department and USAID. The Trump administration, through a task force led by Vice President Pence, is doing what is required to respond quickly to this ever- changing threat. We must give them the resources they need. The health and safety of the American people is not, and never should be, a political issue. I urge all of my colleagues to join me in voting for the measure so that we can continue fighting this virus and protecting our loved ones. Madam Speaker, I reserve the balance of my time. Mrs. LOWEY. Madam Speaker, I reserve the balance of my time. Ms. GRANGER. Madam Speaker, I yield 3 minutes to the gentleman from Kentucky (Mr. Rogers), the former chairman of the full committee and the ranking member of the State, Foreign Operations, and Related Programs Subcommittee. Mr. ROGERS of Kentucky. Madam Speaker, I thank the gentlewoman for yielding. Madam Speaker, I rise today in support of this bill, H.R. 6074. This coronavirus emergency supplemental, as has been said, provides $7.8 billion in additional appropriations for the U.S. response to coronavirus. Within the total, more than $2 billion is included for the Centers for Disease Control, and $1 billion is for State and local preparedness. The bill also provides more than $4 billion for research and development of vaccines, diagnostics, and therapeutics. As ranking member of the State, Foreign Operations, and Related Programs Subcommittee, I would also highlight the $1.25 billion in the bill for the State Department and the United States Agency for International Development, AID. These funds will help protect Americans abroad and support efforts to contain the virus worldwide. Specifically, it includes: $264 million to maintain consular operations, pay for evacuation expenses, and address other emergency preparedness needs at our embassies and consulates around the world; $435 million in global health funds, including $200 million for the emergency reserve fund that we established in 2017 to address emerging health threats abroad; $300 million of international disaster assistance funding to respond to humanitarian needs related to the virus; $250 million for economic and security needs in countries facing instability because of the virus; and $1 million for the USAID inspector general to perform oversight of coronavirus response activities. The bill also requires a comprehensive strategy to respond to the coronavirus overseas and regular reporting on the use of the funds so that we know how the moneys are being spent. Madam Speaker, this is a good bill. The resources are needed urgently, and I urge our colleagues to vote ``aye.'' Mrs. LOWEY. Madam Speaker, I reserve the balance of my time. Ms. GRANGER. Madam Speaker, I yield 2 minutes to the gentleman from Michigan (Mr. Upton). Mr. UPTON. Madam Speaker, this legislation is how this place is supposed to work--real substance, forget the politics. We have an emergency. We really do. And I thank the leadership on both sides of the aisle for bringing this bill to the floor so quickly. The bipartisan Problem Solvers Caucus met for an hour just yesterday at the White House to promise to work together, not only with the administration, but with Republicans and Democrats, House and Senate. Many of us, the last couple of weeks, have met with the HHS Secretary, CDC, FDA, NIH, as well as with our health leaders in our States. This money is not only going to help our health officials on the front lines; it is going to help our families in virtually every community. It is also going to help develop the vaccine and the therapeutics to save perhaps tens of thousands of lives. The 21st Century Cures legislation that most of us supported 3 years ago has laid the foundation to expedite the cures for so many illnesses, including this one. This is a moment in time when we need to step up for the safety of our families, our communities, and our Nation. Madam Speaker, I urge all of my colleagues to support this money that is so desperately needed and get it to the President as quickly as we can. Ms. GRANGER. Madam Speaker, I yield back the balance of my time. Mrs. LOWEY. Madam Speaker, the government's greatest responsibility is to keep Americans safe. This emergency supplemental addresses the [[Page H1494]] coronavirus and takes critical steps to protect the American people from this deadly and expanding outbreak. I urge my colleagues to vote for this critical assistance, and I yield back the balance of my time. The SPEAKER pro tempore. The question is on the motion offered by the gentlewoman from New York (Mrs. Lowey) that the House suspend the rules and pass the bill, H.R. 6074. The question was taken. The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being in the affirmative, the ayes have it. Ms. GRANGER. Madam Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this motion will be postponed. Mr. COLE. Madam Speaker, I rise today in support of this Supplemental bill, which will provide $7.8 billion for our country to prepare for, prevent, and respond to the coronavirus. Congress thankfully began preparing for public health emergencies like the coronavirus five years ago, by including generous increases for the National Institutes of Health, the Centers for Disease Control and Prevention and the Strategic National Stockpile. Beyond that, in 2018 this Congress established the Infectious Disease Rapid Response Reserve Fund, which enabled our Administration and public health officials to direct a swift and decisive response to protect our citizens from day one. The funding provided in this Supplemental bill will further target resources to state and local health officials. It will enable the government to procure medical supplies to supplement the Strategic National Stockpile. It will provide over $800 million for research into a vaccine, and provide additional funds to develop medicines, diagnostic tests, and aid in hospital preparedness. The bill also includes language waiving certain telehealth requirements during this time to ensure Medicare beneficiaries can receive the care they need at home to avoid placing themselves at greater risk of the virus. I'm glad we were able to come together in a bipartisan fashion to speed these funds to where they are needed. Mr. BUCHANAN. Madam Speaker, I rise in strong support of this Emergency Supplemental bill. I commend the bipartisan leadership of the Appropriations Committee for bringing this critically needed bill to the floor so quickly. Time is of the essence for my constituents. Why? Because in my District, we already have 3 confirmed cases of Coronavirus. I just finished 2 days of in-depth meetings with front-line medical experts at both the Doctors Hospital and Sarasota Memorial Hospital. The message I have today for my colleagues in the House is crystal clear. We need to dramatically ramp-up the supply of test kits, increase the number of locations where people exhibiting symptoms can easily get tested, and accelerate the process of getting results back-- hopefully in less than 24 hours. It is imperative that Congress quickly pass this bill so that key state and local public health agencies and officials, who are on the front-line of this pandemic get all of the resources they need. This will help them to identify potential patients and treat confirmed patients while working to keep everyone else safe from further exposure to this dangerous viral agent. Today is no time for partisan games. Congress should rise to the occasion by working together to approve this bill so that President Trump can sign it into law and provide vital funds and assistance to my part of southwest Florida and the rest of the Nation. Ms. VELAZQUEZ. Madam Speaker, I rise in support of this legislation. Aside from the public health impact, this outbreak also threatens grave economic damage. Already, economists have lowered global forecasts with the dimmest outlooks predicting a fall from nearly 3 percent to just 1 percent growth due to the uncertainty and disruptions inflicted by the virus. Small firms, in particular, can expect hardship from this public health crisis. From the local barber shop or neighborhood cafe to the innovative technology startup, a pandemic can mean fewer customers, supply chain disruption, and workforce reductions. As the coronavirus spreads, so, too does misinformation and alarm. Because of stigma and xenophobia, many Chinatown restaurants and stores in my city of New York were already feeling economic pain before even one person in the city tested positive for the virus. Merchants in Chinatown have reported sales drops as high as 80 percent. Provisions in this bill would mean all small businesses harmed by the virus could apply for emergency loans, with low interest rates, to help them meet financial obligations. Just as the SBA helps small firms get back on their feet after a hurricane, wildfire or earthquake, the agency can be critical to helping local economies recover from this public health crisis. I want to thank Speaker Pelosi and Chairwoman Lowey for working to include these provisions, which are modeled on legislation I introduced late last week. I encourage a yes vote. ____________________
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