[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6074 Engrossed in House (EH)]

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116th CONGRESS
  2d Session
                                H. R. 6074

_______________________________________________________________________

                                 AN ACT


 
Making emergency supplemental appropriations for the fiscal year ending 
              September 30, 2020, and for other purposes.

    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 
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 
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.
    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.

            Passed the House of Representatives March 4, 2020.

            Attest:

                                                                 Clerk.
116th CONGRESS

  2d Session

                               H. R. 6074

_______________________________________________________________________

                                 AN ACT

Making emergency supplemental appropriations for the fiscal year ending 
              September 30, 2020, and for other purposes.