Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020
This bill provides $8.3 billion in emergency funding for federal agencies to respond to the coronavirus outbreak.
DIVISION A--CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020
Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020
This division provides FY2020 supplemental appropriations for the Department of Health and Human Services (HHS), the State Department, and the Small Business Administration to respond to the coronavirus outbreak.
The division funds programs that address issues such as
The supplemental appropriations are designated as emergency spending, which is exempt from discretionary spending limits.
TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES
This title provides appropriations to the Food and Drug Administration for Salaries and Expenses.
TITLE II--SMALL BUSINESS ADMINISTRATION
This title provides appropriations to the Small Business Administration for the Disaster Loans Program Account.
TITLE III--DEPARTMENT OF HEALTH AND HUMAN SERVICES
This title provides appropriations to HHS for
(Sec. 301) This section sets forth authorities and requirements for using funds provided by this title to reimburse HHS agencies, states, localities, territories, tribes, tribal organizations, and health service providers to tribes for costs incurred for coronavirus preparedness and response activities prior to the enactment of this bill.
(Sec. 302) If public notice is given and HHS determines that a public health threat exists, HHS may use funds provided by this title to hire candidates for positions to perform critical work relating to the coronavirus, without regard to certain hiring procedures that apply under current law.
(Sec. 303) Funds provided by this title may be used to enter into contracts with individuals for personal services to support the prevention of, preparation for, or response to the coronavirus, subject to congressional notification requirements.
(Sec. 304) This section sets forth authorities and restrictions that apply to transferring funds provided by this title.
(Sec. 305) This section requires HHS to submit to Congress a detailed spending plan for funds provided by this division.
(Sec. 306) This section requires specified funds provided by this title for the Public Health and Social Services Emergency Fund to be transferred to the HHS Office of Inspector General for oversight of activities supported with funds appropriated to HHS in titles I and III of this division.
TITLE IV--DEPARTMENT OF STATE
This title provides appropriations to (1) the Department of State for the Administration of Foreign Affairs, and (2) the U.S. Agency for International Development for the Office of Inspector General.
The title also provides appropriations for Bilateral Economic Assistance, including
(Sec. 401) This section specifies the congressional notification requirements that apply to funds provided by this title.
(Sec. 402) This section sets forth authorities and restrictions that apply to transferring funds provided by this title.
(Sec. 403) This section allows the State Department to transfer additional funds for activities such as emergency evacuations.
(Sec. 404) This section allows specified funds provided by this title be made available as contributions to international organizations to prevent, prepare for, and respond to the coronavirus, following consultation with Congress.
(Sec. 405) This section allows specified funds provided by this title to be used to reimburse State Department and USAID accounts for obligations incurred to prevent, prepare for, and respond to the coronavirus prior to the enactment of this bill.
(Sec. 406) This section requires the State Department and USAID to submit to Congress (1) a strategy to prevent, prepare for, and respond to coronavirus abroad; and (2) a report on the proposed uses of funds appropriated by this title on a country and project basis.
TITLE V--GENERAL PROVISIONS--THIS ACT
(Sec. 501) This section specifies that the funds provided by this bill are in addition to funds otherwise appropriated for the fiscal year involved.
(Sec. 502) Funds provided by this division may not remain available beyond the current fiscal year, unless this division provides otherwise.
(Sec. 503) Unless otherwise specified by this division, the funds provided by this division are subject to the authorities and conditions that apply to the applicable appropriations account for FY2020.
(Sec. 504) This section specifies that certain funds provided or transferred by this division may only be used to prevent, prepare for, and respond to the coronavirus.
(Sec. 505) The Government Accountability Office must consult with the congressional appropriations committees regarding oversight of activities supported with funds provided by this division.
(Sec. 506) For the purposes of this bill, the term coronavirus means SARS-CoV-2 or another coronavirus with pandemic potential.
(Sec. 507) This section provides that amounts designated by this bill as emergency requirements are only available (or rescinded, if applicable) if the President subsequently designates the amounts and transmits the designations to Congress.
(Sec. 508) This section specifies that the emergency funds that are transferred pursuant to this division retain the emergency designation.
DIVISION B--TELEHEALTH SERVICES DURING CERTAIN EMERGENCY PERIODS
Telehealth Services During Certain Emergency Periods Act of 2020
(Sec. 102) This section allow HHS to temporarily waive certain Medicare restrictions and requirements regarding telehealth services during the coronavirus public health emergency.
(Sec. 103) This section exempts the budgetary effects of this division from (1) the Statutory Pay-As-You-Go (PAYGO) Act of 2010, (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules.
[116th Congress Public Law 123]
[From the U.S. Government Publishing Office]
[[Page 145]]
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>
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.
Mrs. Lowey moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H1489-1494)
DEBATE - The House proceeded with forty minutes of debate on H.R. 6074.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H1495-1496)
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 415 - 2 (Roll no. 86).(text: CR H1489-1492)
Roll Call #86 (House)On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 415 - 2 (Roll no. 86). (text: CR H1489-1492)
Roll Call #86 (House)Motion to reconsider laid on the table Agreed to without objection.
Enacted as Public Law 116-123
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Received in the Senate, read twice.
Measure laid before Senate by unanimous consent. (consideration: CR S1514-1522)
Passed/agreed to in Senate: Passed Senate, under the order of 3/4/20, having achieved 60 votes in the affirmative, without amendment by Yea-Nay Vote. 96 - 1. Record Vote Number: 66.
Roll Call #66 (Senate)Passed Senate, under the order of 3/4/20, having achieved 60 votes in the affirmative, without amendment by Yea-Nay Vote. 96 - 1. Record Vote Number: 66.
Roll Call #66 (Senate)Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 116-123.
Became Public Law No: 116-123.