[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6074 Received in Senate (RDS)]
<DOC>
116th CONGRESS
2d Session
H. R. 6074
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 4, 2020
Received
_______________________________________________________________________
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:
CHERYL L. JOHNSON,
Clerk.