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Public Laws & Acts
Public Law 116-123
134 STAT. 146
March 06, 2020
116th Congress
AN ACT
Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes.
March 06, 2020
Source Bill: 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 TITLEThis Act may be cited as the “Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020”.
SEC. 2. REFERENCESExcept 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, 2020The 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 ExpensesFor 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.
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.
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)
department of state
administration of foreign affairs
diplomatic programsFor 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 generalFor 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 programsFor 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 assistanceFor 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 fundFor 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)
This division may be cited as the “
Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020
”.
Title II
—
Title III
—
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
(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
—
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.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) StrategyNot 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 requirementNot 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 ACTSEC. 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.Division B
—
Telehealth Services During Certain Emergency PeriodsSEC. 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 authorityThe 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 providerSection 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 providerThe 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) ImplementationThe 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 periodParagraph (1) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b–5(g)) is amended to read as follows:
SEC. 103. BUDGETARY EFFECTS“(1)Emergency area; emergency period
“(A)In generalSubject 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)ExceptionFor 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.
(a) Statutory PAYGO scorecardsThe 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 scorecardsThe 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 effectsNotwithstanding 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 06, 2020.