    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-123
    116th Congress

    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.

    [[Page 147]]

    TITLE II

    SMALL BUSINESS ADMINISTRATION

    Disaster Loans Program Account

    (including transfers of funds)

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

    TITLE III

    DEPARTMENT OF HEALTH AND HUMAN SERVICES

    Centers for Disease Control and Prevention

    cdc-wide activities and program support

    (including transfer of funds)

    For an additional amount for ``CDC-Wide Activities and Program
    Support'', $2,200,000,000, to remain available until September 30, 2022,
    to prevent, prepare for, and respond to coronavirus, domestically or
    internationally: <>   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

    [[Page 148]]

    than $40,000,000 of such funds shall be allocated to tribes, tribal
    organizations, urban Indian health organizations, or health service
    providers to tribes:  Provided further, That the Director of the Centers
    for Disease Control and Prevention (``CDC'') may satisfy the funding
    thresholds outlined in the preceding two provisos by making awards
    through other grant or cooperative agreement mechanisms:  Provided
    further, <> 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.

    [[Page 149]]

    Office of the Secretary

    public health and social services emergency fund

    (including transfer of funds)

    For an additional amount for ``Public Health and Social Services
    Emergency Fund'', $3,100,000,000, to remain available until September
    30, 2024, to prevent, prepare for, and respond to coronavirus,
    domestically or internationally, including the development of necessary
    countermeasures and vaccines, prioritizing platform-based technologies
    with U.S.-based manufacturing capabilities, and the purchase of
    vaccines, therapeutics, diagnostics, necessary medical supplies, medical
    surge capacity, and related administrative activities:  Provided, That
    such funds may be used to develop and demonstrate innovations and
    enhancements to manufacturing platforms to support such capabilities:
    Provided further, <> 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.

    [[Page 150]]

    For an additional amount for ``Public Health and Social Services
    Emergency Fund'', $300,000,000, to remain available until September 30,
    2024, for products purchased as described in the first paragraph under
    this heading, including the purchase of vaccines, therapeutics, and
    diagnostics, and under the same terms and conditions as the amounts made
    available in the first paragraph under this heading in this Act:
    <> 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

    [[Page 151]]

    (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.

    [[Page 152]]

    TITLE IV

    DEPARTMENT OF STATE

    Administration of Foreign Affairs

    diplomatic programs

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

    UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

    Funds Appropriated to the President

    office of inspector general

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

    BILATERAL ECONOMIC ASSISTANCE

    Funds Appropriated to the President

    global health programs

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

    [[Page 153]]

    international disaster assistance

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

    economic support fund

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

    GENERAL PROVISIONS--THIS TITLE

    (including transfer of funds)

    Sec. 401. <>   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.

    [[Page 154]]

    Sec. 403.  Paragraph (6)(B) under the heading ``Administration of
    Foreign Affairs, Diplomatic Programs'' of the Department of State,
    Foreign Operations, and Related Programs Appropriations Act, 2020
    (division G of Public Law 116-94) <>  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.

    [[Page 155]]

    TITLE V

    GENERAL PROVISIONS--THIS ACT

    Sec. 501.  Each amount appropriated or made available by this Act is
    in addition to amounts otherwise appropriated for the fiscal year
    involved.
    Sec. 502.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
    Sec. 503.  Unless otherwise provided for by this Act, the additional
    amounts appropriated by this Act to appropriations accounts shall be
    available under the authorities and conditions applicable to such
    appropriations accounts for fiscal year 2020.
    Sec. 504. (a) Subject to subsection (b), and notwithstanding any
    other provision of law, funds made available in this Act, or transferred
    pursuant to authorization granted in this Act, may only be used to
    prevent, prepare for, and respond to coronavirus.
    (b) Subsection (a) shall not apply to section 301(c) of this Act, or
    to reimbursements made pursuant to authority in this Act, or to funds
    made available in this Act for the Emergency Reserve Fund, established
    pursuant to section 7058(c)(1) of division J of Public Law 115-31, or to
    funds made available in this Act for the Infectious Diseases Rapid
    Response Reserve Fund, established pursuant to section 231 of division B
    of Public Law 115-245.
    Sec. 505. <>   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''.

    [[Page 156]]

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

    (a) In General.--
    (1) Waiver authority.--The first sentence of section 1135(b)
    of the Social Security Act (42 U.S.C. 1320b-5(b)) is amended--
    (A) in paragraph (6), by striking ``and'' at the
    end;
    (B) in paragraph (7), by striking the period at the
    end and inserting ``; and''; and
    (C) by inserting after paragraph (7) the following
    new paragraph:
    ``(8) in the case of a telehealth service (as defined in
    paragraph (4)(F) of section 1834(m)) furnished in any emergency
    area (or portion of such an area) during any portion of any
    emergency period to an individual by a qualified provider (as
    defined in subsection (g)(3))--
    ``(A) the requirements of paragraph (4)(C) of such
    section, except that a facility fee under paragraph
    (2)(B)(i) of such section may only be paid to an
    originating site that is a site described in any of
    subclauses (I) through (IX) of paragraph (4)(C)(ii) of
    such section; and
    ``(B) the restriction on use of a telephone
    described in the second sentence of section 410.78(a)(3)
    of title 42, Code of Federal Regulations (or a successor
    regulation), but only if such telephone has audio and
    video capabilities that are used for two-way, real-time
    interactive communication.''.
    (2) Definition of qualified provider.--Section 1135(g) of
    the Social Security Act (42 U.S.C. 1320b-5(g)) is amended by
    adding at the end the following new paragraph:
    ``(3) Qualified provider.--The term `qualified provider'
    means, with respect a telehealth service (as defined in
    paragraph (4)(F) of section 1834(m)) furnished to an individual,
    a physician or practitioner (as defined in paragraph (4)(D) or
    (4)(E), respectively, of such section) who--
    ``(A) furnished to such individual an item or
    service for which payment was made under title XVIII
    during the 3-year period ending on the date such
    telehealth service was furnished; or
    ``(B) is in the same practice (as determined by tax
    identification number) of a physician or practitioner
    (as so defined) who furnished such an item or service to
    such individual during such period.''.
    (3) Implementation.--The Secretary of Health and Human
    Services may implement the amendments made by this subsection by
    program instruction or otherwise.

    (b) <>  Clarification of Definitions of
    Emergency Area and Emergency Period.--Paragraph (1) of section 1135(g)
    of the Social Security Act (42 U.S.C. 1320b-5(g)) is amended to read as
    follows:
    ``(1) Emergency area; emergency period.--
    ``(A) In general.--Subject to subparagraph (B), an
    `emergency area' is a geographical area in which, and an
    `emergency period' is the period during which, there
    exists--

    [[Page 157]]

    ``(i) an emergency or disaster declared by the
    President pursuant to the National Emergencies Act
    or the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act; and
    ``(ii) a public health emergency declared by
    the Secretary pursuant to section 319 of the
    Public Health Service Act.
    ``(B) Exception.--For purposes of subsection (b)(8),
    an `emergency area' is a geographical area in which, and
    an `emergency period' is the period during which, there
    exists--
    ``(i) the public health emergency declared by
    the Secretary pursuant to section 319 of the
    Public Health Service Act on January 31, 2020,
    entitled `Determination that a Public Health
    Emergency Exists Nationwide as the Result of the
    2019 Novel Coronavirus'; and
    ``(ii) any renewal of such declaration
    pursuant to such section 319.''.
    SEC. 103. BUDGETARY EFFECTS.

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

    Approved March 6, 2020.

    LEGISLATIVE HISTORY--H.R. 6074:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 166 (2020):
    Mar. 4, considered and passed House.
    Mar. 5, considered and passed Senate.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
    Mar. 6, Presidential remarks.