[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8086 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8086

 To provide additional appropriations for the public health and social 
            services emergency fund, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 22, 2020

 Mr. Burgess introduced the following bill; which was 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

_______________________________________________________________________

                                 A BILL


 
 To provide additional appropriations for the public health and social 
            services emergency fund, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
     That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2020:

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        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'', $29,000,000,000, 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 United States-based manufacturing capabilities, the purchase of 
vaccines, therapeutics, diagnostics, necessary medical supplies, as 
well as medical surge capacity, addressing blood supply chain, 
workforce modernization, telehealth access and infrastructure, initial 
advanced manufacturing, novel dispensing, enhancements to the United 
States Commissioned Corps, and other preparedness and response 
activities:  Provided, That funds appropriated under this paragraph in 
this Act 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 
paragraph 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 paragraph in this Act, 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 the Secretary shall ensure that 
protections remain for individuals enrolled in group or individual 
health care coverage with pre-existing conditions, including those 
linked to coronavirus:  Provided further, That products purchased with 
funds appropriated under this paragraph in this Act 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 (42 U.S.C. 247d-6b):  Provided further, That of the 
amount appropriated under this paragraph in this Act, not more than 
$2,000,000,000 shall be for the Strategic National Stockpile under 
section 319F-2(a) of such Act:  Provided further, That funds 
appropriated under this paragraph in this Act may be transferred to, 
and merged with, the fund authorized by the Covered Counter Measure 
Process Fund under section 319F-4 of the Public Health Service Act (42 
U.S.C. 247d-6e):  Provided further, That of the amount appropriated 
under this paragraph in this Act, $20,000,000,000 shall be available to 
the Biomedical Advanced Research and Development Authority for 
necessary expenses of manufacturing, production, and purchase, at the 
discretion of the Secretary, of vaccines, therapeutics, diagnostics, 
and small molecule active pharmaceutical ingredients, including the 
development, translation, and demonstration at scale of innovations in 
manufacturing platforms:  Provided further, That funds in the previous 
proviso may be used for the construction or renovation of United 
States-based next generation manufacturing facilities, other than 
facilities owned by the United States Government:  Provided further, 
That of the amount provided under this heading in this Act, 
$6,000,000,000 shall be for activities to plan, prepare for, promote, 
distribute, administer, monitor, and track coronavirus vaccines to 
ensure broad-based distribution, access, and vaccine coverage:  
Provided further, That the Secretary shall coordinate funding and 
activities outlined in the previous proviso through the Director of 
Centers for Disease Control and Prevention:  Provided further, That the 
Secretary, through the Director of Centers for Disease Control and 
Prevention, shall report to the Committees on Appropriations of the 
House of Representatives and the Senate within 60 days of enactment of 
this Act on a comprehensive coronavirus vaccine distribution strategy 
and spend plan that includes how existing infrastructure will be 
leveraged, enhancements or new infrastructure that may be built, 
considerations for moving and storing vaccines, guidance for how States 
and health care providers should prepare for, store, and administer 
vaccines, nationwide vaccination targets, funding that will be 
distributed to States, how an informational campaign to both the public 
and health care providers will be executed, and how the vaccine 
distribution plan will focus efforts on high risk, underserved, and 
minority populations:  Provided further, That such plan shall be 
updated and provided to the Committees on Appropriations of the House 
of Representatives and the Senate 90 days after submission of the first 
plan:  Provided further, That the Secretary shall notify the Committees 
on Appropriations of the House of Representatives and the Senate 2 days 
in advance of any obligation in excess of $50,000,000, including but 
not limited to contracts and interagency agreements, from funds 
provided in this paragraph in this Act:  Provided further, That funds 
appropriated under this paragraph in this Act may be used for the 
construction, alteration, or renovation of non-federally owned 
facilities for the production of vaccines, therapeutics, diagnostics, 
and medical supplies where the Secretary determines that such a 
contract is necessary to secure sufficient amounts of such supplies:  
Provided further, That the not later than 30 days after enactment of 
this Act, and every 30 days thereafter until funds are expended, the 
Secretary shall report to the Committees on Appropriations of the House 
of Representatives and the Senate on uses of funding for Operation Warp 
Speed, detailing current obligations by Department or Agency, or 
component thereof broken out by the coronavirus supplemental 
appropriations Act that provided the source of funds:  Provided 
further, That the plan outlined in the previous proviso shall include 
funding by contract, grant, or other transaction in excess of 
$20,000,000 with a notation of which Department or Agency, and 
component thereof is managing the contract:  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 (2 U.S.C. 901(b)(2)(A)(i)).
    For an additional amount for ``Public Health and Social Services 
Emergency Fund'', $8,085,000,000, to remain available until September 
30, 2022, to prevent, prepare for, and respond to coronavirus, 
domestically or internationally:  Provided, That $7,600,000,000 of the 
funds appropriated under this paragraph in this Act shall be 
transferred to ``Health Resources and Services Administration--Primary 
Health Care'' for grants, cooperative agreements, and other necessary 
expenses under the Health Centers Program, as defined by section 330 of 
the Public Health Service Act (42 U.S.C. 254b), including funding for 
alteration, renovation, construction, equipment, and other capital 
improvement costs, and including funding to support, maintain, or 
increase health center capacity and staffing levels, as necessary, to 
meet the needs of areas affected by coronavirus:  Provided further, 
That sections 330(r)(2)(B), 330(e)(3), 330(e)(6)(A)(iii), and 
330(e)(6)(B)(iii) of such Act shall not apply to funds in the preceding 
proviso:  Provided further, That funding made available under this 
paragraph in this Act shall not be subject to requirements under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 
the National Historic Preservation Act of 1966:  Provided further, That 
for the purposes of any funding provided for fiscal year 2020 for the 
Health Centers Program pursuant to section 330 of the Public Health 
Service Act (42 U.S.C. 254b), maintaining current health center 
capacity and staffing levels during a public health emergency as a 
result of the coronavirus and any renewal of such declaration pursuant 
to such section 319 of this Act shall be deemed a cost of prevention, 
diagnosis, and treatment of coronavirus:  Provided further, That 
$250,000,000 of the funds appropriated under this paragraph in this Act 
shall be transferred to ``Health Resources and Services 
Administration--Bureau of Health Workforce'', to remain available until 
September 30, 2022, for supplements to existing payments under 
subsections 340E(a) and (h)(1) notwithstanding the cap imposed by 
subsection (h)(1) and notwithstanding subsection (h)(6), for Children's 
Hospitals Graduate Medical Education, to prevent, prepare for, and 
respond to coronavirus, domestically or internationally:  Provided 
further, That $5,000,000 of the funds appropriated under this paragraph 
in this Act shall be transferred to ``Health Resources and Services 
Administration--Health Care Systems'', to remain available until 
September 30, 2022, for activities under sections 1271 and 1273 of the 
this Act to improve the capacity of poison control centers to respond 
to increased calls:  Provided further, That of the amount appropriated 
under this paragraph in this Act, $225,000,000 shall be for grants or 
other mechanisms, to rural health clinics as defined in section 
1861(aa)(2) of the Social Security Act (42 U.S.C. 1395x(aa)(2)) with 
such funds also available to such entities for building or construction 
of temporary structures, leasing of properties, and retrofitting 
facilities as necessary to support COVID-19 testing:  Provided further, 
That such funds shall be distributed using the procedures developed for 
the Provider Relief Fund authorized under the third paragraph under 
this heading in division B of the Coronavirus Aid, Relief, and Economic 
Security Act (Public Law 116-136); may be distributed using contracts 
or agreements established for such program; and shall be subject to the 
process requirements applicable to such program:  Provided further, 
That the Secretary may specify a minimum amount for each eligible 
entity accepting assistance under the two previous provisos:  Provided 
further, That of the amount made available under this heading in this 
Act to prevent, prepare for, and respond to coronavirus, $5,000,000, 
shall be available to implement section 747A of the PHS Act and section 
747A(c) shall not apply to these funds:  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 (2 U.S.C. 901(b)(2)(A)(i)).
    For an additional amount for ``Public Health and Social Services 
Emergency Fund'', $16,000,000,000, to remain available until expended, 
to prevent, prepare for, and respond to coronavirus, domestically or 
internationally, which shall be for necessary expenses for testing, 
contact tracing, surveillance, containment, and mitigation to monitor 
and suppress COVID-19, including tests for both active infection and 
prior exposure, including molecular, antigen, and serological tests, 
the manufacturing, procurement and distribution of tests, testing 
equipment and testing supplies, including personal protective equipment 
needed for administering tests, the development and validation of 
rapid, molecular point-of-care tests, and other tests, support for 
workforce, epidemiology, to scale up academic, commercial, public 
health, and hospital laboratories, to conduct surveillance and contact 
tracing, support development of COVID-19 testing plans, and other 
related activities related to COVID-19 testing:  Provided, That of the 
amount appropriated under this paragraph in this Act, not less than 
$15,000,000,000 shall be for States, localities, territories, tribes, 
tribal organizations, urban Indian health organizations, or health 
service providers to tribes for necessary expenses for testing, contact 
tracing, surveillance, containment, and mitigation, including support 
for workforce, epidemiology, use by employers, elementary and secondary 
schools, child care facilities, institutions of higher education, long-
term care facilities, or in other settings, scale up of testing by 
public health, academic, commercial, and hospital laboratories, and 
community-based testing sites, health care facilities, and other 
entities engaged in COVID-19 testing, and other related activities 
related to COVID-19 testing, contact tracing, surveillance, 
containment, and mitigation:  Provided further, That the amount 
identified in the preceding proviso shall be allocated to States, 
localities, and territories according to the formula that applied to 
the Public Health Emergency Preparedness cooperative agreement in 
fiscal year 2019:  Provided further, That not less than $500,000,000 
shall be allocated in coordination with the Director of the Indian 
Health Service, to tribes, tribal organizations, urban Indian health 
organizations, or health service providers to tribes:  Provided 
further, That the Secretary of Health and Human Services (referred to 
in this paragraph as the ``Secretary'') may satisfy the funding 
thresholds outlined in the first and third provisos under this 
paragraph in this Act by making awards through other grant or 
cooperative agreement mechanisms:  Provided further, That the Governor 
or designee of each State, locality, territory, tribe, or tribal 
organization receiving funds pursuant to this Act shall update their 
plans, as applicable, for COVID-19 testing and contact tracing 
submitted to the Secretary pursuant to the Paycheck Protection Program 
and Health Care Enhancement Act (Public Law 116-139) and submit such 
updates to the Secretary not later than 60 days after funds 
appropriated in this paragraph in this Act have been awarded to such 
recipient:  Provided further, That funds an entity receives from 
amounts described in the first proviso in this paragraph may also be 
used for the rent, lease, purchase, acquisition, construction, 
alteration, renovation, or equipping of non-federally owned facilities 
to improve coronavirus preparedness and response capability at the 
State and local level:  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'', $25,000,000,000, to remain available until expended, 
to prevent, prepare for, and respond to coronavirus, domestically or 
internationally, which shall be for necessary expenses to reimburse, 
through grants or other mechanisms, eligible health care providers for 
health care related expenses or lost revenues that are attributable to 
coronavirus:  Provided, That these funds may not be used to reimburse 
expenses or losses that have been reimbursed from other sources or that 
other sources are obligated to reimburse:  Provided further, That 
recipients of payments under this paragraph shall submit reports and 
maintain documentation as the Secretary determines are needed to ensure 
compliance with conditions that are imposed by this paragraph for such 
payments, and such reports and documentation shall be in such form, 
with such content, and in such time as the Secretary may prescribe for 
such purpose:  Provided further, That ``eligible health care 
providers'' means public entities, Medicare or Medicaid enrolled 
suppliers and providers, and such for-profit entities and not-for-
profit entities not otherwise described in this proviso as the 
Secretary may specify, within the United States (including 
territories), that provide diagnoses, testing, or care for individuals 
with possible or actual cases of COVID-19:  Provided further, That the 
Secretary of Health and Human Services shall, on a rolling basis, 
review applications and make payments under this paragraph in this Act: 
 Provided further, That funds appropriated under this paragraph in this 
Act shall be available for building or construction of temporary 
structures, leasing of properties, medical supplies and equipment 
including personal protective equipment and testing supplies, increased 
workforce and trainings, emergency operation centers, retrofitting 
facilities, and surge capacity:  Provided further, That, in this 
paragraph, the term ``payment'' means a pre-payment, prospective 
payment, or retrospective payment, as determined appropriate by the 
Secretary:  Provided further, That payments under this paragraph shall 
be made in consideration of the most efficient payment systems 
practicable to provide emergency payment:  Provided further, That to be 
eligible for a payment under this paragraph, an eligible health care 
provider shall submit to the Secretary of Health and Human Services an 
application that includes a statement justifying the need of the 
provider for the payment and the eligible health care provider shall 
have a valid tax identification number:  Provided further, That, not 
later than 3 years after final payments are made under this paragraph, 
the Office of Inspector General of the Department of Health and Human 
Services shall transmit a final report on audit findings with respect 
to this program to the Committees on Appropriations of the House of 
Representatives and the Senate:  Provided further, That nothing in this 
section limits the authority of the Inspector General or the 
Comptroller General to conduct audits of interim payments at an earlier 
date:  Provided further, That not later than 60 days after the date of 
enactment of this Act, the Secretary of Health and Human Services shall 
provide a report to the Committees on Appropriations of the House of 
Representatives and the Senate on obligation of funds, including 
obligations to such eligible health care providers summarized by State 
of the payment receipt:  Provided further, That such reports shall be 
updated and submitted to such Committees every 60 days until funds are 
expended:  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 (2 U.S.C. 901(b)(2)(A)(i)).

                      GENERAL PROVISIONS--THIS ACT

                     (including transfer of funds)

    Sec. 2.  Funds appropriated by this Act may be used by the 
Secretary of the Department of 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 of Health and Human Services has 
        determined that such a public health threat exists.
    Sec. 3.  Funds made available by this Act 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. 4. (a) If services performed by an employee during 2020 are 
determined by the head of the agency to be primarily related to 
preparation, prevention, or response to coronavirus, any premium pay 
for such services shall be disregarded in calculating the aggregate of 
such employee's basic pay and premium pay for purposes of a limitation 
under section 5547(a) of title 5, United States Code, or under any 
other provision of law, whether such employee's pay is paid on a 
biweekly or calendar year basis.
    (b) Any overtime pay for such services shall be disregarded in 
calculating any annual limit on the amount of overtime pay payable in a 
calendar or fiscal year.
    (c) With regard to such services, any pay that is disregarded under 
either subsection (a) or (b) shall be disregarded in calculating such 
employee's aggregate pay for purposes of the limitation in section 5307 
of such title 5.
    (d)(1) Pay that is disregarded under subsection (a) or (b) shall 
not cause the aggregate of the employee's basic pay and premium pay for 
the applicable calendar year to exceed the rate of basic pay payable 
for a position at level II of the Executive Schedule under section 5313 
of title 5, United States Code, as in effect at the end of such 
calendar year.
    (2) For purposes of applying this subsection to an employee who 
would otherwise be subject to the premium pay limits established under 
section 5547 of title 5, United States Code, ``premium pay'' means the 
premium pay paid under the provisions of law cited in section 5547(a).
    (3) For purposes of applying this subsection to an employee under a 
premium pay limit established under an authority other than section 
5547 of title 5, United States Code, the agency responsible for 
administering such limit shall determine what payments are considered 
premium pay.
    (e) This section shall take effect as if enacted on February 2, 
2020.
    (f) If application of this section results in the payment of 
additional premium pay to a covered employee of a type that is normally 
creditable as basic pay for retirement or any other purpose, that 
additional pay shall not--
            (1) be considered to be basic pay of the covered employee 
        for any purpose; or
            (2) be used in computing a lump-sum payment to the covered 
        employee for accumulated and accrued annual leave under section 
        5551 or section 5552 of title 5, United States Code.
    Sec. 5.  The paragraph codified at 42 U.S.C. 231 shall be applied 
in this and all other fiscal years as though the phrase ``central 
services'' referred to central services for any Federal agency, and 
this section shall be effective as if enacted on the date of the 
enactment of such paragraph.
    Sec. 6.  Funds appropriated by this Act under the heading 
``Department of Health and Human Services'', except for the amounts 
specified in the third and fourth paragraphs under the heading ``Public 
Health and Social Services Emergency Fund'', 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'', ``Administration for Children and 
Families'', ``Administration for Community Living'', and ``National 
Institutes of Health'' to prevent, prepare for, and respond to 
coronavirus 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 
Act are not necessary, such amounts may be transferred back to that 
appropriation:  Provided further, That none of the funds made available 
by this Act 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 (42 U.S.C. 238j(a)).
    Sec. 7.  Of the funds appropriated by this Act under the heading 
``Public Health and Social Services Emergency Fund'', up to $6,000,000 
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 to prevent, prepare for, and respond to coronavirus, 
domestically or internationally:  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.
    Sec. 8.  Funds made available in Public Law 113-235 to the accounts 
of the National Institutes of Health that were available for obligation 
through fiscal year 2015 shall be made available through fiscal year 
2021 for the liquidation of valid obligations incurred in fiscal year 
2015:  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 (2 
U.S.C. 901(b)(2)(A)(i)) is amended.
    Sec. 9.  Section 675B(b)(3) of the Community Services Block Grant 
Act (42 U.S.C. 9906(b)(3)) shall not apply with respect to funds 
appropriated by the Coronavirus Aid, Relief, and Economic Security Act 
(Public Law 116-136) to carry out the Community Services Block Grant 
Act (42 U.S.C. 9901 et seq.):  Provided, That the amounts repurposed in 
this section that were previously 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 (2 U.S.C. 
901(b)(2)(A)(i)).
    Sec. 10. (a) 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.
    (b) 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.
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