[Congressional Record Volume 166, Number 43 (Wednesday, March 4, 2020)]
[House]
[Pages H1489-H1494]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 
                                  2020

  Mrs. LOWEY. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 6074) making emergency supplemental appropriations for the 
fiscal year ending September 30, 2020, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6074

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Coronavirus Preparedness and 
     Response Supplemental Appropriations Act, 2020''.

     SEC. 2. REFERENCES.

       Except as expressly provided otherwise, any reference to 
     ``this Act'' contained in any division of this Act shall be 
     treated as referring only to the provisions of that division.

    DIVISION A--CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL 
                        APPROPRIATIONS ACT, 2020

        The following sums are hereby are appropriated, out of any 
     money in the Treasury not otherwise appropriated, for the 
     fiscal year ending September 30, 2020, and for other 
     purposes, namely:

                                TITLE I

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $61,000,000, to remain available until expended, to prevent, 
     prepare for, and respond to coronavirus, domestically or 
     internationally, including the development of necessary 
     medical countermeasures and vaccines, advanced manufacturing 
     for medical products, the monitoring of medical product 
     supply chains, and related administrative activities:  
     Provided, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                                TITLE II

                     SMALL BUSINESS ADMINISTRATION

                     Disaster Loans Program Account

                     (including transfers of funds)

       For an additional amount for the ``Disaster Loans Program 
     Account'' for administrative expenses to carry out the 
     disaster loan program authorized by section 7(b) of the Small 
     Business Act, $20,000,000, to remain available until 
     expended:  Provided, That such amounts may be transferred to 
     and merged with ``Small Business Administration--Salaries and 
     Expenses'':  Provided further, That for purposes of section 
     7(b)(2)(D) of the Small Business Act, coronavirus shall be 
     deemed to be a disaster and amounts available under 
     ``Disaster Loans Program Account'' for the cost of direct 
     loans in any fiscal year may be used to make economic injury 
     disaster loans under such section in response to the 
     coronavirus:  Provided further, That none of the funds 
     provided under this heading in this Act may be used for 
     indirect administrative expenses:  Provided further, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985:  Provided further, That amounts repurposed under this 
     heading that were previously designated by the Congress as an 
     emergency requirement pursuant to the Balanced Budget

[[Page H1490]]

     and Emergency Deficit Control Act of 1985 are designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                               TITLE III

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention

                cdc-wide activities and program support

                     (including transfer of funds)

       For an additional amount for ``CDC-Wide Activities and 
     Program Support'', $2,200,000,000, to remain available until 
     September 30, 2022, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally:  Provided, That 
     not less than $950,000,000 of the amount provided shall be 
     for grants to or cooperative agreements with States, 
     localities, territories, tribes, tribal organizations, urban 
     Indian health organizations, or health service providers to 
     tribes, to carry out surveillance, epidemiology, laboratory 
     capacity, infection control, mitigation, communications, and 
     other preparedness and response activities:  Provided 
     further, That $475,000,000 of the funds made available in the 
     preceding proviso shall be allocated within 30 days of the 
     date of enactment of this Act:  Provided further, That every 
     grantee that received a Public Health Emergency Preparedness 
     grant for fiscal year 2019 shall receive not less than 90 
     percent of that grant level from funds provided in the first 
     proviso under this heading in this Act, and not less than 
     $40,000,000 of such funds shall be allocated to tribes, 
     tribal organizations, urban Indian health organizations, or 
     health service providers to tribes:  Provided further, That 
     the Director of the Centers for Disease Control and 
     Prevention (``CDC'') may satisfy the funding thresholds 
     outlined in the preceding two provisos by making awards 
     through other grant or cooperative agreement mechanisms:  
     Provided further, That each grantee described in the third 
     proviso under this heading in this Act shall submit a spend 
     plan to the CDC not later than 45 days after the date of 
     enactment of this Act:  Provided further, That of the amount 
     provided under this heading in this Act, not less than 
     $300,000,000 shall be for global disease detection and 
     emergency response:  Provided further, That of the amount 
     provided under this heading in this Act, $300,000,000 shall 
     be transferred to and merged with amounts in the Infectious 
     Diseases Rapid Response Reserve Fund (``Reserve Fund''), 
     established by section 231 of division B of Public Law 115-
     245:  Provided further, That the Secretary of Health and 
     Human Services, in consultation with the Director of the CDC, 
     shall provide a report to the Committees on Appropriations of 
     the House of Representatives and the Senate every 14 days, 
     for one year from the date from any such declaration or 
     determination described in the third proviso of section 231 
     of division B of Public Law 115-245, that details commitment 
     and obligation information for the Reserve Fund during the 
     prior two weeks, as long as such report would detail 
     obligations in excess of $5,000,000, and upon the request by 
     such Committees:  Provided further, That funds appropriated 
     under this heading in this Act may be used for grants for the 
     construction, alteration, or renovation of non-Federally 
     owned facilities to improve preparedness and response 
     capability at the State and local level:  Provided further, 
     That funds may be used for purchase and insurance of official 
     motor vehicles in foreign countries:  Provided further, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                     National Institutes of Health

         national institute of allergy and infectious diseases

                     (including transfer of funds)

       For an additional amount for ``National Institute of 
     Allergy and Infectious Diseases'', $836,000,000, to remain 
     available until September 30, 2024, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally:  
     Provided, That of the amount appropriated under this heading 
     in this Act, not less than $10,000,000 shall be transferred 
     to ``National Institute of Environmental Health Sciences'' 
     for worker-based training to prevent and reduce exposure of 
     hospital employees, emergency first responders, and other 
     workers who are at risk of exposure to coronavirus through 
     their work duties:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                        Office of the Secretary

            public health and social services emergency fund

                     (including transfer of funds)

       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'', $3,100,000,000, to remain 
     available until September 30, 2024, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally, 
     including the development of necessary countermeasures and 
     vaccines, prioritizing platform-based technologies with U.S.-
     based manufacturing capabilities, and the purchase of 
     vaccines, therapeutics, diagnostics, necessary medical 
     supplies, medical surge capacity, and related administrative 
     activities:  Provided, That such funds may be used to develop 
     and demonstrate innovations and enhancements to manufacturing 
     platforms to support such capabilities:  Provided further, 
     That the Secretary of Health and Human Services shall 
     purchase vaccines developed using funds made available under 
     this heading in this Act to respond to an outbreak or 
     pandemic related to coronavirus in quantities determined by 
     the Secretary to be adequate to address the public health 
     need:  Provided further, That products purchased by the 
     Federal government with funds made available under this 
     heading, including vaccines, therapeutics, and diagnostics, 
     shall be purchased in accordance with Federal Acquisition 
     Regulation guidance on fair and reasonable pricing:  Provided 
     further, That the Secretary may take such measures authorized 
     under current law to ensure that vaccines, therapeutics, and 
     diagnostics developed from funds provided in this Act will be 
     affordable in the commercial market:  Provided further, That 
     in carrying out the previous proviso, the Secretary shall not 
     take actions that delay the development of such products:  
     Provided further, That products purchased with funds 
     appropriated in this paragraph may, at the discretion of the 
     Secretary of Health and Human Services, be deposited in the 
     Strategic National Stockpile under section 319F-2 of the 
     Public Health Service Act:  Provided further, That funds 
     appropriated under this heading in this Act may be 
     transferred to, and merged with, the fund authorized by 
     section 319F-4, the Covered Countermeasure Process Fund, of 
     the Public Health Service Act:  Provided further, That funds 
     appropriated under this heading in this Act may be used for 
     grants for the construction, alteration, or renovation of 
     non-Federally owned facilities to improve preparedness and 
     response capability at the State and local level:  Provided 
     further, That funds appropriated under this heading in this 
     Act may be used for the construction, alteration, or 
     renovation of non-Federally owned facilities for the 
     production of vaccines, therapeutics, and diagnostics where 
     the Secretary determines that such a contract is necessary to 
     secure sufficient amounts of such supplies:  Provided 
     further, That of the amount provided under this heading in 
     this Act, $100,000,000 shall be transferred to ``Health 
     Resources and Services Administration--Primary Health Care'' 
     for grants under the Health Centers Program, as defined by 
     section 330 of the Public Health Service Act, to prevent, 
     prepare for, and respond to coronavirus:  Provided further, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'', $300,000,000, to remain available 
     until September 30, 2024, for products purchased as described 
     in the first paragraph under this heading, including the 
     purchase of vaccines, therapeutics, and diagnostics, and 
     under the same terms and conditions as the amounts made 
     available in the first paragraph under this heading in this 
     Act:  Provided, That the amount made available in this 
     paragraph shall only be made available if the Secretary of 
     Health and Human Services certifies to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     that the funds made available in the first paragraph under 
     this heading in this Act allotted for such purchase of such 
     products will be obligated imminently and that additional 
     funds are necessary to purchase vaccines, therapeutics, or 
     diagnostics in quantities determined by the Secretary to be 
     adequate help to address the public health need:  Provided 
     further, That the Secretary shall notify the Committees on 
     Appropriations of the House of Representatives and the Senate 
     of such certification:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

                     (Including Transfer of Funds)

       Sec. 301. (a) Funds appropriated in this title may be made 
     available to restore amounts, either directly or through 
     reimbursement, for obligations incurred by agencies of the 
     Department of Health and Human Services to prevent, prepare 
     for, and respond to coronavirus, domestically or 
     internationally, prior to the date of enactment of this Act. 
     This subsection shall not apply to obligations incurred by 
     the Infectious Diseases Rapid Response Reserve Fund.
       (b) Grants or cooperative agreements with States, 
     localities, territories, tribes, tribal organizations, urban 
     Indian health organizations, or health service providers to 
     tribes, under this title, to carry out surveillance, 
     epidemiology, laboratory capacity, infection control, 
     mitigation, communications, and other preparedness and 
     response activities to prevent, prepare for, and respond to 
     coronavirus shall include amounts to reimburse costs for 
     these purposes incurred between January 20, 2020, and the 
     date of enactment of this Act.
       (c) If any funds have been reprogrammed or transferred from 
     an appropriation, as described in the notification submitted 
     by the Secretary of Health and Human Services to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate on

[[Page H1491]]

     February 2, 2020, prior to the date of enactment of this Act, 
     such amounts shall be reprogrammed or transferred back to 
     that appropriation within 45 days of the date of enactment of 
     this Act.
       Sec. 302.  Funds appropriated by this title may be used by 
     the Secretary of the Health and Human Services to appoint, 
     without regard to the provisions of sections 3309 through 
     3319 of title 5 of the United States Code, candidates needed 
     for positions to perform critical work relating to 
     coronavirus for which--
       (1) public notice has been given; and
       (2) the Secretary has determined that such a public health 
     threat exists.
       Sec. 303.  Funds made available by this title may be used 
     to enter into contracts with individuals for the provision of 
     personal services (as described in section 104 of part 37 of 
     title 48, Code of Federal Regulations (48 CFR 37.104)) to 
     support the prevention of, preparation for, or response to 
     coronavirus, domestically and internationally, subject to 
     prior notification to the Committees on Appropriations of the 
     House of Representatives and the Senate:  Provided, That such 
     individuals may not be deemed employees of the United States 
     for the purpose of any law administered by the Office of 
     Personnel Management:  Provided further, That the authority 
     made available pursuant to this section shall expire on 
     September 30, 2024.
       Sec. 304.  Funds appropriated by this title may be 
     transferred to, and merged with, other appropriation accounts 
     under the headings ``Centers for Disease Control and 
     Prevention'', ``Public Health and Social Services Emergency 
     Fund'', and ``National Institutes of Health'' to prevent, 
     prepare for, and respond to coronavirus, domestically or 
     internationally, following consultation with the Office of 
     Management and Budget:  Provided, That the Committees on 
     Appropriations of the House of Representatives and the Senate 
     shall be notified 10 days in advance of any such transfer:  
     Provided further, That upon a determination that all or part 
     of the funds transferred from an appropriation by this title 
     are not necessary, such amounts may be transferred back to 
     that appropriation:  Provided further, That none of the funds 
     made available by this title may be transferred pursuant to 
     the authority in section 205 of division A of Public Law 116-
     94 or section 241(a) of the Public Health Service Act.
       Sec. 305.  Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall provide a detailed spend plan of anticipated 
     uses of funds made available to the Department of Health and 
     Human Services in this Act, including estimated personnel and 
     administrative costs, to the Committees on Appropriations of 
     the House of Representatives and the Senate:  Provided, That 
     such plan shall be updated and submitted to such Committees 
     every 60 days until September 30, 2024:  Provided further, 
     That the spend plans shall be accompanied by a listing of 
     each contract obligation incurred that exceeds $5,000,000 
     which has not previously been reported, including the amount 
     of each such obligation.
       Sec. 306.  Of the funds appropriated by this title under 
     the heading ``Public Health and Social Services Emergency 
     Fund'', up to $2,000,000 shall be transferred to, and merged 
     with, funds made available under the heading ``Office of the 
     Secretary, Office of Inspector General'', and shall remain 
     available until expended, for oversight of activities 
     supported with funds appropriated to the Department of Health 
     and Human Services in titles I and III:  Provided, That the 
     Inspector General of the Department of Health and Human 
     Services shall consult with the Committees on Appropriations 
     of the House of Representatives and the Senate prior to 
     obligating such funds:  Provided further, That the transfer 
     authority provided by this section is in addition to any 
     other transfer authority provided by law.

                                TITLE IV

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                          diplomatic programs

       For an additional amount for ``Diplomatic Programs'', 
     $264,000,000, to remain available until September 30, 2022, 
     for necessary expenses to prevent, prepare for, and respond 
     to coronavirus, including for maintaining consular 
     operations, reimbursement of evacuation expenses, and 
     emergency preparedness:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                      office of inspector general

       For an additional amount for ``Office of Inspector 
     General'', $1,000,000, to remain available until September 
     30, 2022, for oversight of activities funded by this title 
     and administered by the United States Agency for 
     International Development:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                         global health programs

       For an additional amount for ``Global Health Programs'', 
     $435,000,000, to remain available until September 30, 2022, 
     for necessary expenses to prevent, prepare for, and respond 
     to coronavirus:  Provided, That such funds shall be 
     administered by the Administrator of the United States Agency 
     for International Development:  Provided further, That of the 
     funds appropriated under this heading in this Act, not less 
     than $200,000,000 shall be transferred to, and merged with, 
     funds made available for the Emergency Reserve Fund 
     established pursuant to section 7058(c)(1) of the Department 
     of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2017 (division J of Public Law 115-31):  
     Provided further, That funds made available pursuant to the 
     previous proviso shall be made available under the terms and 
     conditions of such section, as amended:  Provided further, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                   international disaster assistance

       For an additional amount for ``International Disaster 
     Assistance'', $300,000,000, to remain available until 
     expended, for necessary expenses to prevent, prepare for, and 
     respond to coronavirus:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                         economic support fund

       For an additional amount for ``Economic Support Fund'', 
     $250,000,000, to remain available until September 30, 2022, 
     for necessary expenses to prevent, prepare for, and respond 
     to coronavirus, including to address related economic, 
     security, and stabilization requirements:  Provided, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                     GENERAL PROVISIONS--THIS TITLE

                     (including transfer of funds)

       Sec. 401.  Funds appropriated by this title shall only be 
     made available for obligation subject to the regular 
     notification procedures of the Committees on Appropriations 
     of the House of Representatives and the Senate:  Provided, 
     That the requirement of this section shall not apply to funds 
     appropriated by this title under the heading ``International 
     Disaster Assistance''.
       Sec. 402. (a) Funds appropriated by this title under the 
     heading ``Diplomatic Programs'' may be transferred to, and 
     merged with, funds available under the ``Consular and Border 
     Security Programs'' account to maintain consular operations 
     impacted by coronavirus.
       (b) Of the funds appropriated by this title under the 
     heading ``Economic Support Fund'', up to $7,000,000 may be 
     transferred to, and merged with, funds appropriated under the 
     heading ``Operating Expenses'' in Acts making appropriations 
     for the Department of State, foreign operations, and related 
     programs to prevent, prepare for, and respond to coronavirus.
       (c) Funds appropriated by this title under the headings 
     ``Global Health Programs'', ``International Disaster 
     Assistance'', and ``Economic Support Fund'' may be 
     transferred to, and merged with, funds appropriated by this 
     title under such headings to prevent, prepare for, and 
     respond to coronavirus.
       (d) The transfer authorities of this section are in 
     addition to any other transfer authority provided by law.
       (e) Upon a determination that all or part of the funds 
     transferred pursuant to the authorities provided by this 
     section are not necessary for such purposes, such amounts may 
     be transferred back to such appropriations.
       (f) No funds shall be transferred pursuant to this section 
     unless at least 5 days prior to making such transfer the 
     Secretary of State or the Administrator of the United States 
     Agency for International Development, as appropriate, 
     notifies the Committees on Appropriations of the House of 
     Representatives and the Senate in writing of the details of 
     any such transfer.
       Sec. 403.  Paragraph (6)(B) under the heading 
     ``Administration of Foreign Affairs, Diplomatic Programs'' of 
     the Department of State, Foreign Operations, and Related 
     Programs Appropriations Act, 2020 (division G of Public Law 
     116-94) is amended by striking ``, not to exceed 
     $10,000,000'' and inserting in lieu thereof ``for Worldwide 
     Security Protection, not to exceed $100,000,000'' and by 
     adding the following before the period at the end: ``: 
     Provided, That no amounts may be transferred from amounts 
     that were designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to the Concurrent 
     Resolution on the Budget or the Balanced Budget and Emergency 
     Deficit Control Act of 1985'':  Provided, That the exercise 
     of the authority provided by such paragraph shall be subject 
     to prior consultation with the Committees on Appropriations 
     of the House of Representatives and the Senate.
       Sec. 404.  Funds appropriated by this title under the 
     headings ``Global Health Programs'' and ``Economic Support 
     Fund'' may be made available as contributions to 
     international organizations to prevent, prepare for, and 
     respond to coronavirus, following consultation with the 
     Committees on Appropriations of the House of Representatives 
     and the Senate.

[[Page H1492]]

       Sec. 405.  Funds appropriated by this title under the 
     headings ``Diplomatic Programs'', ``Global Health Programs'', 
     ``International Disaster Assistance'', and ``Economic Support 
     Fund'' may be used to reimburse accounts administered by the 
     Department of State and the United States Agency for 
     International Development for obligations incurred to 
     prevent, prepare for, and respond to coronavirus prior to the 
     date of enactment of this Act:  Provided, That this section 
     shall not apply to obligations incurred by the Emergency 
     Reserve Fund, established pursuant to section 7058(c)(1) of 
     the Department of State, Foreign Operations, and Related 
     Programs Appropriations Act, 2017 (division J of Public Law 
     115-31).
       Sec. 406. (a) Strategy.--Not later than 15 days after the 
     date of enactment of this Act, the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development, following consultation with the heads of other 
     relevant Federal agencies, shall jointly submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a strategy to prevent, prepare for, and 
     respond to coronavirus abroad.
       (b) Reporting Requirement.--Not later than 30 days after 
     enactment of this Act, the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development shall jointly submit to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     a report on the proposed uses of funds appropriated by this 
     title on a country and project basis:  Provided, That such 
     report shall be updated and submitted to such Committees 
     every 60 days thereafter until September 30, 2022, and every 
     180 days thereafter until all funds have been expended, and 
     shall include information detailing how estimates and 
     assumptions contained in previous reports have changed, 
     including obligations and expenditures on a country and 
     project basis.

                                TITLE V

                      GENERAL PROVISIONS--THIS ACT

       Sec. 501.  Each amount appropriated or made available by 
     this Act is in addition to amounts otherwise appropriated for 
     the fiscal year involved.
       Sec. 502.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503.  Unless otherwise provided for by this Act, the 
     additional amounts appropriated by this Act to appropriations 
     accounts shall be available under the authorities and 
     conditions applicable to such appropriations accounts for 
     fiscal year 2020.
       Sec. 504. (a) Subject to subsection (b), and 
     notwithstanding any other provision of law, funds made 
     available in this Act, or transferred pursuant to 
     authorization granted in this Act, may only be used to 
     prevent, prepare for, and respond to coronavirus.
       (b) Subsection (a) shall not apply to section 301(c) of 
     this Act, or to reimbursements made pursuant to authority in 
     this Act, or to funds made available in this Act for the 
     Emergency Reserve Fund, established pursuant to section 
     7058(c)(1) of division J of Public Law 115-31, or to funds 
     made available in this Act for the Infectious Diseases Rapid 
     Response Reserve Fund, established pursuant to section 231 of 
     division B of Public Law 115-245.
       Sec. 505.  Not later than 60 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall consult with the Committees on Appropriations of 
     the House of Representatives and the Senate on oversight of 
     activities supported with funds appropriated by this Act.
       Sec. 506.  In this Act, the term ``coronavirus'' means 
     SARS-CoV-2 or another coronavirus with pandemic potential.
       Sec. 507.  Each amount designated in this Act by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 shall be available (or rescinded 
     or transferred, if applicable) only if the President 
     subsequently so designates all such amounts and transmits 
     such designations to the Congress.
       Sec. 508.  Any amount appropriated by this Act, designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 and subsequently so designated by 
     the President, and transferred pursuant to transfer 
     authorities provided by this Act shall retain such 
     designation.
       This division may be cited as the ``Coronavirus 
     Preparedness and Response Supplemental Appropriations Act, 
     2020''.

    DIVISION B--TELEHEALTH SERVICES DURING CERTAIN EMERGENCY PERIODS

     SEC. 101. SHORT TITLE.

       This division may be cited as the ``Telehealth Services 
     During Certain Emergency Periods Act of 2020''.

     SEC. 102. SECRETARIAL AUTHORITY TO TEMPORARILY WAIVE OR 
                   MODIFY APPLICATION OF CERTAIN MEDICARE 
                   REQUIREMENTS WITH RESPECT TO TELEHEALTH 
                   SERVICES FURNISHED DURING CERTAIN EMERGENCY 
                   PERIODS.

       (a) In General.--
       (1) Waiver authority.--The first sentence of section 
     1135(b) of the Social Security Act (42 U.S.C. 1320b-5(b)) is 
     amended--
       (A) in paragraph (6), by striking ``and'' at the end;
       (B) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (C) by inserting after paragraph (7) the following new 
     paragraph:
       ``(8) in the case of a telehealth service (as defined in 
     paragraph (4)(F) of section 1834(m)) furnished in any 
     emergency area (or portion of such an area) during any 
     portion of any emergency period to an individual by a 
     qualified provider (as defined in subsection (g)(3))--
       ``(A) the requirements of paragraph (4)(C) of such section, 
     except that a facility fee under paragraph (2)(B)(i) of such 
     section may only be paid to an originating site that is a 
     site described in any of subclauses (I) through (IX) of 
     paragraph (4)(C)(ii) of such section; and
       ``(B) the restriction on use of a telephone described in 
     the second sentence of section 410.78(a)(3) of title 42, Code 
     of Federal Regulations (or a successor regulation), but only 
     if such telephone has audio and video capabilities that are 
     used for two-way, real-time interactive communication.''.
       (2) Definition of qualified provider.--Section 1135(g) of 
     the Social Security Act (42 U.S.C. 1320b-5(g)) is amended by 
     adding at the end the following new paragraph:
       ``(3) Qualified provider.--The term `qualified provider' 
     means, with respect a telehealth service (as defined in 
     paragraph (4)(F) of section 1834(m)) furnished to an 
     individual, a physician or practitioner (as defined in 
     paragraph (4)(D) or (4)(E), respectively, of such section) 
     who--
       ``(A) furnished to such individual an item or service for 
     which payment was made under title XVIII during the 3-year 
     period ending on the date such telehealth service was 
     furnished; or
       ``(B) is in the same practice (as determined by tax 
     identification number) of a physician or practitioner (as so 
     defined) who furnished such an item or service to such 
     individual during such period.''.
       (3) Implementation.--The Secretary of Health and Human 
     Services may implement the amendments made by this subsection 
     by program instruction or otherwise.
       (b) Clarification of Definitions of Emergency Area and 
     Emergency Period.--Paragraph (1) of section 1135(g) of the 
     Social Security Act (42 U.S.C. 1320b-5(g)) is amended to read 
     as follows:
       ``(1) Emergency area; emergency period.--
       ``(A) In general.--Subject to subparagraph (B), an 
     `emergency area' is a geographical area in which, and an 
     `emergency period' is the period during which, there exists--
       ``(i) an emergency or disaster declared by the President 
     pursuant to the National Emergencies Act or the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act; and
       ``(ii) a public health emergency declared by the Secretary 
     pursuant to section 319 of the Public Health Service Act.
       ``(B) Exception.--For purposes of subsection (b)(8), an 
     `emergency area' is a geographical area in which, and an 
     `emergency period' is the period during which, there exists--
       ``(i) the public health emergency declared by the Secretary 
     pursuant to section 319 of the Public Health Service Act on 
     January 31, 2020, entitled `Determination that a Public 
     Health Emergency Exists Nationwide as the Result of the 2019 
     Novel Coronavirus'; and
       ``(ii) any renewal of such declaration pursuant to such 
     section 319.''.

     SEC. 103. BUDGETARY EFFECTS.

       (a) Statutory PAYGO Scorecards.--The budgetary effects of 
     this division shall not be entered on either PAYGO scorecard 
     maintained pursuant to section 4(d) of the Statutory Pay-As-
     You-Go Act of 2010.
       (b) Senate PAYGO Scorecards.--The budgetary effects of this 
     division shall not be entered on any PAYGO scorecard 
     maintained for purposes of section 4106 of H. Con. Res. 71 
     (115th Congress).
       (c) Classification of Budgetary Effects.--Notwithstanding 
     Rule 3 of the Budget Scorekeeping Guidelines set forth in the 
     joint explanatory statement of the committee of conference 
     accompanying Conference Report 105-217 and section 250(c)(8) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, the budgetary effects of this division shall not be 
     estimated--
       (1) for purposes of section 251 of such Act; and
       (2) for purposes of paragraph (4)(C) of section 3 of the 
     Statutory Pay-As-You-Go Act of 2010 as being included in an 
     appropriation Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
New York (Mrs. Lowey) and the gentlewoman from Texas (Ms. Granger) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from New York.


                             General Leave

  Mrs. LOWEY. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on H.R. 6074, currently under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.
  Mrs. LOWEY. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, as the coronavirus moves closer to becoming a global 
pandemic, it is spreading within the

[[Page H1493]]

United States, including in my own home county, and its death toll 
continues to grow.
  While the Trump administration has repeatedly demonstrated a failure 
to understand public health needs, Congress is acting with the 
seriousness and the sense of urgency the coronavirus threat demands.
  This emergency supplemental is the product of thoughtful bipartisan 
cooperation. It provides $8.3 billion in entirely new funding to keep 
Americans safe, including:
  More than $3 billion for research and development of vaccines, 
therapeutics, and diagnostics;
  $300 million for the government to purchase vaccines at a fair and 
reasonable price;
  $2.2 billion in public health funding for prevention, preparedness, 
and response, of which $950 million is to support State and local 
health agencies;
  Nearly $1 billion for medical supplies, healthcare preparedness, 
community health centers, and medical surge capacity;
  $1.2 billion to address the coronavirus abroad, which helps keep 
Americans safe here at home; and
  Low-interest loans to affected small businesses to cushion the 
economic blow of this public health emergency.
  Finally, several other important provisions have been included that 
will: allow seniors to access telemedicine services for coronavirus 
treatment, require the Trump administration to reimburse health 
accounts that were previously raided to pay for the coronavirus 
response, and ensure State and local governments are reimbursed for 
costs incurred while assisting the Federal response.
  Madam Speaker, strong funding in this legislation is a critical first 
step to enable a strategic, coordinated, and whole-of-government 
response to the coronavirus.
  While we all ardently hope that this public health emergency does not 
worsen, House Democrats will not hesitate to act again if we must 
augment this funding with more resources.
  Madam Speaker, I urge my colleagues to join me in support of this 
legislation, and I reserve the balance of my time.
  Ms. GRANGER. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in support of H.R. 6074, an emergency 
supplemental appropriations bill to fund the U.S. response to the 
coronavirus.
  When the news broke about this virus, the administration was able to 
respond immediately with reserve funds the Committee on Appropriations 
created for the Department of Health and Human Services and the U.S. 
Agency for International Development. These funds were championed by 
Republican leaders of our subcommittees and had broad bipartisan 
support. It is my hope that the supplemental funding bill will receive 
the same level of cooperation.
  Madam Speaker, the bill before us today will allow the administration 
to continue its efforts to address the virus, both at home and abroad. 
Specifically, the bill includes funds for the development of broadly 
available testing kits to diagnose those who may be infected, medicines 
to minimize the symptoms of the disease, and vaccines to prevent its 
spread.
  An overwhelming majority of our drug ingredients, pharmaceuticals, 
and medical devices are manufactured overseas. It is critical that we 
increase domestic drug production, increase the safety of the medical 
supply chain, and identify potential shortages.
  That is why this bill also includes funds for the Food and Drug 
Administration to further ensure the safety and security of all 
Americans. The bill will also direct nearly $1 billion to State and 
local public health agencies on the front lines protecting our 
communities.
  Finally, the bill protects American citizens abroad and helps prevent 
further spread of coronavirus worldwide by providing just over $1 
billion for the State Department and USAID.
  The Trump administration, through a task force led by Vice President 
Pence, is doing what is required to respond quickly to this ever-
changing threat. We must give them the resources they need.
  The health and safety of the American people is not, and never should 
be, a political issue. I urge all of my colleagues to join me in voting 
for the measure so that we can continue fighting this virus and 
protecting our loved ones.
  Madam Speaker, I reserve the balance of my time.
  Mrs. LOWEY. Madam Speaker, I reserve the balance of my time.
  Ms. GRANGER. Madam Speaker, I yield 3 minutes to the gentleman from 
Kentucky (Mr. Rogers), the former chairman of the full committee and 
the ranking member of the State, Foreign Operations, and Related 
Programs Subcommittee.
  Mr. ROGERS of Kentucky. Madam Speaker, I thank the gentlewoman for 
yielding.
  Madam Speaker, I rise today in support of this bill, H.R. 6074. This 
coronavirus emergency supplemental, as has been said, provides $7.8 
billion in additional appropriations for the U.S. response to 
coronavirus.
  Within the total, more than $2 billion is included for the Centers 
for Disease Control, and $1 billion is for State and local 
preparedness. The bill also provides more than $4 billion for research 
and development of vaccines, diagnostics, and therapeutics.

  As ranking member of the State, Foreign Operations, and Related 
Programs Subcommittee, I would also highlight the $1.25 billion in the 
bill for the State Department and the United States Agency for 
International Development, AID. These funds will help protect Americans 
abroad and support efforts to contain the virus worldwide. 
Specifically, it includes:
  $264 million to maintain consular operations, pay for evacuation 
expenses, and address other emergency preparedness needs at our 
embassies and consulates around the world;
  $435 million in global health funds, including $200 million for the 
emergency reserve fund that we established in 2017 to address emerging 
health threats abroad;
  $300 million of international disaster assistance funding to respond 
to humanitarian needs related to the virus;
  $250 million for economic and security needs in countries facing 
instability because of the virus; and
  $1 million for the USAID inspector general to perform oversight of 
coronavirus response activities.
  The bill also requires a comprehensive strategy to respond to the 
coronavirus overseas and regular reporting on the use of the funds so 
that we know how the moneys are being spent.
  Madam Speaker, this is a good bill. The resources are needed 
urgently, and I urge our colleagues to vote ``aye.''
  Mrs. LOWEY. Madam Speaker, I reserve the balance of my time.
  Ms. GRANGER. Madam Speaker, I yield 2 minutes to the gentleman from 
Michigan (Mr. Upton).
  Mr. UPTON. Madam Speaker, this legislation is how this place is 
supposed to work--real substance, forget the politics.
  We have an emergency. We really do. And I thank the leadership on 
both sides of the aisle for bringing this bill to the floor so quickly.
  The bipartisan Problem Solvers Caucus met for an hour just yesterday 
at the White House to promise to work together, not only with the 
administration, but with Republicans and Democrats, House and Senate. 
Many of us, the last couple of weeks, have met with the HHS Secretary, 
CDC, FDA, NIH, as well as with our health leaders in our States.
  This money is not only going to help our health officials on the 
front lines; it is going to help our families in virtually every 
community. It is also going to help develop the vaccine and the 
therapeutics to save perhaps tens of thousands of lives.
  The 21st Century Cures legislation that most of us supported 3 years 
ago has laid the foundation to expedite the cures for so many 
illnesses, including this one. This is a moment in time when we need to 
step up for the safety of our families, our communities, and our 
Nation.
  Madam Speaker, I urge all of my colleagues to support this money that 
is so desperately needed and get it to the President as quickly as we 
can.
  Ms. GRANGER. Madam Speaker, I yield back the balance of my time.
  Mrs. LOWEY. Madam Speaker, the government's greatest responsibility 
is to keep Americans safe. This emergency supplemental addresses the

[[Page H1494]]

coronavirus and takes critical steps to protect the American people 
from this deadly and expanding outbreak.
  I urge my colleagues to vote for this critical assistance, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New York (Mrs. Lowey) that the House suspend the rules 
and pass the bill, H.R. 6074.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. GRANGER. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.
  Mr. COLE. Madam Speaker, I rise today in support of this Supplemental 
bill, which will provide $7.8 billion for our country to prepare for, 
prevent, and respond to the coronavirus.
  Congress thankfully began preparing for public health emergencies 
like the coronavirus five years ago, by including generous increases 
for the National Institutes of Health, the Centers for Disease Control 
and Prevention and the Strategic National Stockpile.
  Beyond that, in 2018 this Congress established the Infectious Disease 
Rapid Response Reserve Fund, which enabled our Administration and 
public health officials to direct a swift and decisive response to 
protect our citizens from day one.
  The funding provided in this Supplemental bill will further target 
resources to state and local health officials. It will enable the 
government to procure medical supplies to supplement the Strategic 
National Stockpile. It will provide over $800 million for research into 
a vaccine, and provide additional funds to develop medicines, 
diagnostic tests, and aid in hospital preparedness.
  The bill also includes language waiving certain telehealth 
requirements during this time to ensure Medicare beneficiaries can 
receive the care they need at home to avoid placing themselves at 
greater risk of the virus.
  I'm glad we were able to come together in a bipartisan fashion to 
speed these funds to where they are needed.
  Mr. BUCHANAN. Madam Speaker, I rise in strong support of this 
Emergency Supplemental bill. I commend the bipartisan leadership of the 
Appropriations Committee for bringing this critically needed bill to 
the floor so quickly.
  Time is of the essence for my constituents. Why? Because in my 
District, we already have 3 confirmed cases of Coronavirus.
  I just finished 2 days of in-depth meetings with front-line medical 
experts at both the Doctors Hospital and Sarasota Memorial Hospital.
  The message I have today for my colleagues in the House is crystal 
clear. We need to dramatically ramp-up the supply of test kits, 
increase the number of locations where people exhibiting symptoms can 
easily get tested, and accelerate the process of getting results back--
hopefully in less than 24 hours.
  It is imperative that Congress quickly pass this bill so that key 
state and local public health agencies and officials, who are on the 
front-line of this pandemic get all of the resources they need. This 
will help them to identify potential patients and treat confirmed 
patients while working to keep everyone else safe from further exposure 
to this dangerous viral agent.
  Today is no time for partisan games.
  Congress should rise to the occasion by working together to approve 
this bill so that President Trump can sign it into law and provide 
vital funds and assistance to my part of southwest Florida and the rest 
of the Nation.
  Ms. VELAZQUEZ. Madam Speaker, I rise in support of this legislation. 
Aside from the public health impact, this outbreak also threatens grave 
economic damage. Already, economists have lowered global forecasts with 
the dimmest outlooks predicting a fall from nearly 3 percent to just 1 
percent growth due to the uncertainty and disruptions inflicted by the 
virus.
  Small firms, in particular, can expect hardship from this public 
health crisis. From the local barber shop or neighborhood cafe to the 
innovative technology startup, a pandemic can mean fewer customers, 
supply chain disruption, and workforce reductions.
  As the coronavirus spreads, so, too does misinformation and alarm. 
Because of stigma and xenophobia, many Chinatown restaurants and stores 
in my city of New York were already feeling economic pain before even 
one person in the city tested positive for the virus. Merchants in 
Chinatown have reported sales drops as high as 80 percent.
  Provisions in this bill would mean all small businesses harmed by the 
virus could apply for emergency loans, with low interest rates, to help 
them meet financial obligations. Just as the SBA helps small firms get 
back on their feet after a hurricane, wildfire or earthquake, the 
agency can be critical to helping local economies recover from this 
public health crisis.
  I want to thank Speaker Pelosi and Chairwoman Lowey for working to 
include these provisions, which are modeled on legislation I introduced 
late last week. I encourage a yes vote.

                          ____________________