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

I 116TH CONGRESS 2D SESSION H. R. 8086 To provide additional appropriations for the public health and social services emergency fund, and for other purposes. IN THE HOUSE OF REPRESENTATIVES AUGUST 22, 2020 Mr. BURGESS introduced the following bill; which was referred to the Com- mittee on Appropriations, and in addition to the Committee on the Budg- et, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide additional appropriations for the public health and social services emergency fund, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 That the following sums are appropriated, out of any 3 money in the Treasury not otherwise appropriated, for the 4 fiscal year ending September 30, 2020: 5 VerDate Sep 11 2014 02:58 Sep 05, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8086.IH H8086 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8086 IH DEPARTMENT OF HEALTH AND HUMAN 1 SERVICES 2 OFFICE OF THE SECRETARY 3 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 4 FUND 5 (INCLUDING TRANSFER OF FUNDS) 6 For an additional amount for ‘‘Public Health and So- 7 cial Services Emergency Fund’’, $29,000,000,000, to re- 8 main available until September 30, 2024, to prevent, pre- 9 pare for, and respond to coronavirus, domestically or 10 internationally, including the development of necessary 11 countermeasures and vaccines, prioritizing platform-based 12 technologies with United States-based manufacturing ca- 13 pabilities, the purchase of vaccines, therapeutics, 14 diagnostics, necessary medical supplies, as well as medical 15 surge capacity, addressing blood supply chain, workforce 16 modernization, telehealth access and infrastructure, initial 17 advanced manufacturing, novel dispensing, enhancements 18 to the United States Commissioned Corps, and other pre- 19 paredness and response activities: Provided, That funds 20 appropriated under this paragraph in this Act may be 21 used to develop and demonstrate innovations and enhance- 22 ments to manufacturing platforms to support such capa- 23 bilities: Provided further, That the Secretary of Health 24 and Human Services shall purchase vaccines developed 25 VerDate Sep 11 2014 02:58 Sep 05, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8086.IH H8086 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8086 IH using funds made available under this paragraph in this 1 Act to respond to an outbreak or pandemic related to 2 coronavirus in quantities determined by the Secretary to 3 be adequate to address the public health need: Provided 4 further, That products purchased by the Federal govern- 5 ment with funds made available under this paragraph in 6 this Act, including vaccines, therapeutics, and diagnostics, 7 shall be purchased in accordance with Federal Acquisition 8 Regulation guidance on fair and reasonable pricing: Pro- 9 vided further, That the Secretary may take such measures 10 authorized under current law to ensure that vaccines, 11 therapeutics, and diagnostics developed from funds pro- 12 vided in this Act will be affordable in the commercial mar- 13 ket: Provided further, That in carrying out the previous 14 proviso, the Secretary shall not take actions that delay the 15 development of such products: Provided further, That the 16 Secretary shall ensure that protections remain for individ- 17 uals enrolled in group or individual health care coverage 18 with pre-existing conditions, including those linked to 19 coronavirus: Provided further, That products purchased 20 with funds appropriated under this paragraph in this Act 21 may, at the discretion of the Secretary of Health and 22 Human Services, be deposited in the Strategic National 23 Stockpile under section 319F–2 of the Public Health Serv- 24 ice Act (42 U.S.C. 247d–6b): Provided further, That of 25 VerDate Sep 11 2014 02:58 Sep 05, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8086.IH H8086 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8086 IH the amount appropriated under this paragraph in this Act, 1 not more than $2,000,000,000 shall be for the Strategic 2 National Stockpile under section 319F–2(a) of such Act: 3 Provided further, That funds appropriated under this 4 paragraph in this Act may be transferred to, and merged 5 with, the fund authorized by the Covered Counter Measure 6 Process Fund under section 319F–4 of the Public Health 7 Service Act (42 U.S.C. 247d–6e): Provided further, That 8 of the amount appropriated under this paragraph in this 9 Act, $20,000,000,000 shall be available to the Biomedical 10 Advanced Research and Development Authority for nec- 11 essary expenses of manufacturing, production, and pur- 12 chase, at the discretion of the Secretary, of vaccines, 13 therapeutics, diagnostics, and small molecule active phar- 14 maceutical ingredients, including the development, trans- 15 lation, and demonstration at scale of innovations in manu- 16 facturing platforms: Provided further, That funds in the 17 previous proviso may be used for the construction or ren- 18 ovation of United States-based next generation manufac- 19 turing facilities, other than facilities owned by the United 20 States Government: Provided further, That of the amount 21 provided under this heading in this Act, $6,000,000,000 22 shall be for activities to plan, prepare for, promote, dis- 23 tribute, administer, monitor, and track coronavirus vac- 24 cines to ensure broad-based distribution, access, and vac- 25 VerDate Sep 11 2014 02:58 Sep 05, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8086.IH H8086 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 8086 IH cine coverage: Provided further, That the Secretary shall 1 coordinate funding and activities outlined in the previous 2 proviso through the Director of Centers for Disease Con- 3 trol and Prevention: Provided further, That the Secretary, 4 through the Director of Centers for Disease Control and 5 Prevention, shall report to the Committees on Appropria- 6 tions of the House of Representatives and the Senate with- 7 in 60 days of enactment of this Act on a comprehensive 8 coronavirus vaccine distribution strategy and spend plan 9 that includes how existing infrastructure will be leveraged, 10 enhancements or new infrastructure that may be built, 11 considerations for moving and storing vaccines, guidance 12 for how States and health care providers should prepare 13 for, store, and administer vaccines, nationwide vaccination 14 targets, funding that will be distributed to States, how an 15 informational campaign to both the public and health care 16 providers will be executed, and how the vaccine distribu- 17 tion plan will focus efforts on high risk, underserved, and 18 minority populations: Provided further, That such plan 19 shall be updated and provided to the Committees on Ap- 20 propriations of the House of Representatives and the Sen- 21 ate 90 days after submission of the first plan: Provided 22 further, That the Secretary shall notify the Committees 23 on Appropriations of the House of Representatives and the 24 Senate 2 days in advance of any obligation in excess of 25 VerDate Sep 11 2014 02:58 Sep 05, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8086.IH H8086 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 8086 IH $50,000,000, including but not limited to contracts and 1 interagency agreements, from funds provided in this para- 2 graph in this Act: Provided further, That funds appro- 3 priated under this paragraph in this Act may be used for 4 the construction, alteration, or renovation of non-federally 5 owned facilities for the production of vaccines, thera- 6 peutics, diagnostics, and medical supplies where the Sec- 7 retary determines that such a contract is necessary to se- 8 cure sufficient amounts of such supplies: Provided further, 9 That the not later than 30 days after enactment of this 10 Act, and every 30 days thereafter until funds are ex- 11 pended, the Secretary shall report to the Committees on 12 Appropriations of the House of Representatives and the 13 Senate on uses of funding for Operation Warp Speed, de- 14 tailing current obligations by Department or Agency, or 15 component thereof broken out by the coronavirus supple- 16 mental appropriations Act that provided the source of 17 funds: Provided further, That the plan outlined in the pre- 18 vious proviso shall include funding by contract, grant, or 19 other transaction in excess of $20,000,000 with a notation 20 of which Department or Agency, and component thereof 21 is managing the contract: Provided further, That such 22 amount is designated by the Congress as being for an 23 emergency requirement pursuant to section 24 VerDate Sep 11 2014 02:58 Sep 05, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8086.IH H8086 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 8086 IH 251(b)(2)(A)(i) of the Balanced Budget and Emergency 1 Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). 2 For an additional amount for ‘‘Public Health and So- 3 cial Services Emergency Fund’’, $8,085,000,000, to re- 4 main available until September 30, 2022, to prevent, pre- 5 pare for, and respond to coronavirus, domestically or 6 internationally: Provided, That $7,600,000,000 of the 7 funds appropriated under this paragraph in this Act shall 8 be transferred to ‘‘Health Resources and Services Admin- 9 istration—Primary Health Care’’ for grants, cooperative 10 agreements, and other necessary expenses under the 11 Health Centers Program, as defined by section 330 of the 12 Public Health Service Act (42 U.S.C. 254b), including 13 funding for alteration, renovation, construction, equip- 14 ment, and other capital improvement costs, and including 15 funding to support, maintain, or increase health center ca- 16 pacity and staffing levels, as necessary, to meet the needs 17 of areas affected by coronavirus: Provided further, That 18 sections 330(r)(2)(B), 330(e)(3), 330(e)(6)(A)(iii), and 19 330(e)(6)(B)(iii) of such Act shall not apply to funds in 20 the preceding proviso: Provided further, That funding 21 made available under this paragraph in this Act shall not 22 be subject to requirements under the National Environ- 23 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 24 the National Historic Preservation Act of 1966: Provided 25 VerDate Sep 11 2014 02:58 Sep 05, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8086.IH H8086 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 8086 IH further, That for the purposes of any funding provided for 1 fiscal year 2020 for the Health Centers Program pursuant 2 to section 330 of the Public Health Service Act (42 U.S.C. 3 254b), maintaining current health center capacity and 4 staffing levels during a public health emergency as a result 5 of the coronavirus and any renewal of such declaration 6 pursuant to such section 319 of this Act shall be deemed 7 a cost of prevention, diagnosis, and treatment of 8 coronavirus: Provided further, That $250,000,000 of the 9 funds appropriated under this paragraph in this Act shall 10 be transferred to ‘‘Health Resources and Services Admin- 11 istration—Bureau of Health Workforce’’, to remain avail- 12 able until September 30, 2022, for supplements to existing 13 payments under subsections 340E(a) and (h)(1) notwith- 14 standing the cap imposed by subsection (h)(1) and not- 15 withstanding subsection (h)(6), for Children’s Hospitals 16 Graduate Medical Education, to prevent, prepare for, and 17 respond to coronavirus, domestically or internationally: 18 Provided further, That $5,000,000 of the funds appro- 19 priated under this paragraph in this Act shall be trans- 20 ferred to ‘‘Health Resources and Services Administra- 21 tion—Health Care Systems’’, to remain available until 22 September 30, 2022, for activities under sections 1271 23 and 1273 of the this Act to improve the capacity of poison 24 control centers to respond to increased calls: Provided fur- 25 VerDate Sep 11 2014 02:58 Sep 05, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8086.IH H8086 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 8086 IH ther, That of the amount appropriated under this para- 1 graph in this Act, $225,000,000 shall be for grants or 2 other mechanisms, to rural health clinics as defined in sec- 3 tion 1861(aa)(2) of the Social Security Act (42 U.S.C. 4 1395x(aa)(2)) with such funds also available to such enti- 5 ties for building or construction of temporary structures, 6 leasing of properties, and retrofitting facilities as nec- 7 essary to support COVID–19 testing: Provided further, 8 That such funds shall be distributed using the procedures 9 developed for the Provider Relief Fund authorized under 10 the third paragraph under this heading in division B of 11 the Coronavirus Aid, Relief, and Economic Security Act 12 (Public Law 116–136); may be distributed using contracts 13 or agreements established for such program; and shall be 14 subject to the process requirements applicable to such pro- 15 gram: Provided further, That the Secretary may specify 16 a minimum amount for each eligible entity accepting as- 17 sistance under the two previous provisos: Provided further, 18 That of the amount made available under this heading in 19 this Act to prevent, prepare for, and respond to 20 coronavirus, $5,000,000, shall be available to implement 21 section 747A of the PHS Act and section 747A(c) shall 22 not apply to these funds: Provided further, That such 23 amount is designated by the Congress as being for an 24 emergency requirement pursuant to section 25 VerDate Sep 11 2014 02:58 Sep 05, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8086.IH H8086 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 8086 IH 251(b)(2)(A)(i) of the Balanced Budget and Emergency 1 Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). 2 For an additional amount for ‘‘Public Health and So- 3 cial Services Emergency Fund’’, $16,000,000,000, to re- 4 main available until expended, to prevent, prepare for, and 5 respond to coronavirus, domestically or internationally, 6 which shall be for necessary expenses for testing, contact 7 tracing, surveillance, containment, and mitigation to mon- 8 itor and suppress COVID–19, including tests for both ac- 9 tive infection and prior exposure, including molecular, 10 antigen, and serological tests, the manufacturing, procure- 11 ment and distribution of tests, testing equipment and test- 12 ing supplies, including personal protective equipment 13 needed for administering tests, the development and vali- 14 dation of rapid, molecular point-o [Text truncated for display. 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