Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020

PUBLIC LAW 116–123—MAR. 6, 2020 CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020 VerDate Sep 11 2014 09:20 Mar 16, 2020 Jkt 099139 PO 00123 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\PUBL123.116 PUBL123 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 146 PUBLIC LAW 116–123—MAR. 6, 2020 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 adminis- trative 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. Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020. Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020. Mar. 6, 2020 [H.R. 6074] VerDate Sep 11 2014 09:20 Mar 16, 2020 Jkt 099139 PO 00123 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL123.116 PUBL123 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 147 PUBLIC LAW 116–123—MAR. 6, 2020 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 Busi- ness 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 Pro- gram Support’’, $2,200,000,000, to remain available until September 30, 2022, to prevent, prepare for, and respond to coronavirus, domes- tically or internationally: Provided, That not less than $950,000,000 of the amount provided shall be for grants to or cooperative agree- ments 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 prepared- ness 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 Deadline. Grants. Contracts. VerDate Sep 11 2014 09:20 Mar 16, 2020 Jkt 099139 PO 00123 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL123.116 PUBL123 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 148 PUBLIC LAW 116–123—MAR. 6, 2020 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 Cen- ters 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’’), estab- lished 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 Representa- tives 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 facili- ties 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 coun- tries: 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 Con- trol 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 Environ- mental 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 require- ment pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Consultation. Reports. Time period. Spend plan. Deadline. VerDate Sep 11 2014 09:20 Mar 16, 2020 Jkt 099139 PO 00123 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL123.116 PUBL123 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 149 PUBLIC LAW 116–123—MAR. 6, 2020 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 Sep- tember 30, 2024, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including the development of nec- essary 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 activi- ties: Provided, That such funds may be used to develop and dem- onstrate 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 quan- tities 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 Counter- measure 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. Grants. Determination. Contracts. Vaccines. Determination. VerDate Sep 11 2014 09:20 Mar 16, 2020 Jkt 099139 PO 00123 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL123.116 PUBL123 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 150 PUBLIC LAW 116–123—MAR. 6, 2020 For an additional amount for ‘‘Public Health and Social Services Emergency Fund’’, $300,000,000, to remain available until Sep- tember 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 condi- tions 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 nec- essary to purchase vaccines, therapeutics, or diagnostics in quan- tities 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 Represent- atives and the Senate of such certification: Provided further, That such amount is designated by the Congress as being for an emer- gency requirement pursuant to section 251(b)(2)(A)(i) of the Bal- anced 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 reimburse- ment, 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 obliga- tions 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, infec- tion 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 enact- ment of this Act. (c) If any f [Text truncated for display. Full text available on Congress.gov.]