,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hjhf ,,in ,,the ,,house ,,of ,,representatives ,august #bb1 #bjbj ,mr4 ,burgess introduced the following bill2 which was referred to the ,committee on ,appropriations1 and in addition to the ,committee on the ,budget1 for a period to be subsequently determined by the ,speaker1 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 fund1 and for other purposes4 ,that the following sums are appropriated1 out of any money in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjbj3 ,department of ,health and ,human ,services ,office of the ,secretary public health and social services emergency fund 7including transfer of funds7 ,for an additional amount for ,public ,health and ,social ,services ,emergency ,fund1 #bi1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 including the development of necessary countermeasures and vaccines1 prioritizing platform-based technologies with ,united ,states-based manufacturing capabilities1 the purchase of vaccines1 therapeutics1 diagnostics1 necessary medical supplies1 as well as medical surge capacity1 addressing blood supply chain1 workforce modernization1 telehealth access and infrastructure1 initial advanced manufacturing1 novel dispensing1 enhancements to the ,united ,states ,commissioned ,corps1 and other preparedness and response activities3 ,provided1 ,that funds appropriated under this paragraph in this ,act may be used to develop and demonstrate innovations and enhancements to manufacturing platforms to support such capabilities3 ,provided further1 ,that the ,secretary of ,health and ,human ,services shall purchase vaccines developed using funds made available under this paragraph 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 need3 ,provided further1 ,that products purchased by the ,federal government with funds made available under this paragraph in this ,act1 including vaccines1 therapeutics1 and diagnostics1 shall be purchased in accordance with ,federal ,acquisition ,regulation guidance on fair and reasonable pricing3 ,provided further1 ,that the ,secretary may take such measures authorized under current law to ensure that vaccines1 therapeutics1 and diagnostics developed from funds provided in this ,act will be affordable in the commercial market3 ,provided further1 ,that in carrying out the previous proviso1 the ,secretary shall not take actions that delay the development of such products3 ,provided further1 ,that the ,secretary shall ensure that protections remain for individuals enrolled in group or individual health care coverage with pre-existing conditions1 including those linked to coronavirus3 ,provided further1 ,that products purchased with funds appropriated under this paragraph in this ,act may1 at the discretion of the ,secretary of ,health and ,human ,services1 be deposited in the ,strategic ,national ,stockpile under section #cai;,f-#b of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;b73 ,provided further1 ,that of the amount appropriated under this paragraph in this ,act1 not more than #b1jjj1jjj1jjj shall be for the ,strategic ,national ,stockpile under section #cai;,f-#b7;a7 of such ,act3 ,provided further1 ,that funds appropriated under this paragraph in this ,act may be transferred to1 and merged with1 the fund authorized by the ,covered ,counter ,measure ,process ,fund under section #cai;,f-#d of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;e73 ,provided further1 ,that of the amount appropriated under this paragraph in this ,act1 #bj1jjj1jjj1jjj shall be available to the ,biomedical ,advanced ,research and ,development ,authority for necessary expenses of manufacturing1 production1 and purchase1 at the discretion of the ,secretary1 of vaccines1 therapeutics1 diagnostics1 and small molecule active pharmaceutical ingredients1 including the development1 translation1 and demonstration at scale of innovations in manufacturing platforms3 ,provided further1 ,that funds in the previous proviso may be used for the construction or renovation of ,united ,states-based next generation manufacturing facilities1 other than facilities owned by the ,united ,states ,government3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #f1jjj1jjj1jjj shall be for activities to plan1 prepare for1 promote1 distribute1 administer1 monitor1 and track coronavirus vaccines to ensure broad-based distribution1 access1 and vaccine coverage3 ,provided further1 ,that the ,secretary shall coordinate funding and activities outlined in the previous proviso through the ,director of ,centers for ,disease ,control and ,prevention3 ,provided further1 ,that the ,secretary1 through the ,director of ,centers for ,disease ,control and ,prevention1 shall report to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate within #fj days of enactment of this ,act on a comprehensive coronavirus vaccine distribution strategy and spend plan that includes how existing infrastructure will be leveraged1 enhancements or new infrastructure that may be built1 considerations for moving and storing vaccines1 guidance for how ,states and health care providers should prepare for1 store1 and administer vaccines1 nationwide vaccination targets1 funding that will be distributed to ,states1 how an informational campaign to both the public and health care providers will be executed1 and how the vaccine distribution plan will focus efforts on high risk1 underserved1 and minority populations3 ,provided further1 ,that such plan shall be updated and provided to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate #ij days after submission of the first plan3 ,provided further1 ,that the ,secretary shall notify the ,committees on ,appropriations of the ,house of ,representatives and the ,senate #b days in advance of any obligation in excess of #ej1jjj1jjj1 including but not limited to contracts and interagency agreements1 from funds provided in this paragraph in this ,act3 ,provided further1 ,that funds appropriated under this paragraph in this ,act may be used for the construction1 alteration1 or renovation of non-federally owned facilities for the production of vaccines1 therapeutics1 diagnostics1 and medical supplies where the ,secretary determines that such a contract is necessary to secure sufficient amounts of such supplies3 ,provided further1 ,that the not later than #cj days after enactment of this ,act1 and every #cj days thereafter until funds are expended1 the ,secretary shall report to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate on uses of funding for ,operation ,warp ,speed1 detailing current obligations by ,department or ,agency1 or component thereof broken out by the coronavirus supplemental appropriations ,act that provided the source of funds3 ,provided further1 ,that the plan outlined in the previous proviso shall include funding by contract1 grant1 or other transaction in excess of #bj1jjj1jjj with a notation of which ,department or ,agency1 and component thereof is managing the contract3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77;,a77i774 ,for an additional amount for ,public ,health and ,social ,services ,emergency ,fund1 #h1jhe1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally3 ,provided1 ,that #g1fjj1jjj1jjj of the funds appropriated under this paragraph in this ,act shall be transferred to ,health ,resources and ,services ,administration--,primary ,health ,care for grants1 cooperative agreements1 and other necessary expenses under the ,health ,centers ,program1 as defined by section #ccj of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;b71 including funding for alteration1 renovation1 construction1 equipment1 and other capital improvement costs1 and including funding to support1 maintain1 or increase health center capacity and staffing levels1 as necessary1 to meet the needs of areas affected by coronavirus3 ,provided further1 ,that sections #ccj7r77#b77;,b71 #ccj7;e77#c71 #ccj7;e77#f77;,a77iii71 and #ccj7;e77#f77;,b77iii7 of such ,act shall not apply to funds in the preceding proviso3 ,provided further1 ,that funding made available under this paragraph in this ,act shall not be subject to requirements under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or the ,national ,historic ,preservation ,act of #aiff3 ,provided further1 ,that for the purposes of any funding provided for fiscal year #bjbj for the ,health ,centers ,program pursuant to section #ccj of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bed;b71 maintaining current health center capacity and staffing levels during a public health emergency as a result of the coronavirus and any renewal of such declaration pursuant to such section #cai of this ,act shall be deemed a cost of prevention1 diagnosis1 and treatment of coronavirus3 ,provided further1 ,that #bej1jjj1jjj of the funds appropriated under this paragraph in this ,act shall be transferred to ,health ,resources and ,services ,administration--,bureau of ,health ,workforce1 to remain available until ,september #cj1 #bjbb1 for supplements to existing payments under subsections #cdj;,e7a7 and 7h77#a7 notwithstanding the cap imposed by subsection 7h77#a7 and notwithstanding subsection 7h77#f71 for ,children's ,hospitals ,graduate ,medical ,education1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally3 ,provided further1 ,that #e1jjj1jjj of the funds appropriated under this paragraph in this ,act shall be transferred to ,health ,resources and ,services ,administration--,health ,care ,systems1 to remain available until ,september #cj1 #bjbb1 for activities under sections #abga and #abgc of the this ,act to improve the capacity of poison control centers to respond to increased calls3 ,provided further1 ,that of the amount appropriated under this paragraph in this ,act1 #bbe1jjj1jjj shall be for grants or other mechanisms1 to rural health clinics as defined in section #ahfa7;aa77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7aa77#b77 with such funds also available to such entities for building or construction of temporary structures1 leasing of properties1 and retrofitting facilities as necessary to support ,,covid-#ai testing3 ,provided further1 ,that such funds shall be distributed using the procedures developed for the ,provider ,relief ,fund authorized under the third paragraph under this heading in division ,b of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf72 may be distributed using contracts or agreements established for such program2 and shall be subject to the process requirements applicable to such program3 ,provided further1 ,that the ,secretary may specify a minimum amount for each eligible entity accepting assistance under the two previous provisos3 ,provided further1 ,that of the amount made available under this heading in this ,act to prevent1 prepare for1 and respond to coronavirus1 #e1jjj1jjj1 shall be available to implement section #gdg;,a of the ,,phs ,act and section #gdg;,a7c7 shall not apply to these funds3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77;,a77i774 ,for an additional amount for ,public ,health and ,social ,services ,emergency ,fund1 #af1jjj1jjj1jjj1 to remain available until expended1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 which shall be for necessary expenses for testing1 contact tracing1 surveillance1 containment1 and mitigation to monitor and suppress ,,covid-#ai1 including tests for both active infection and prior exposure1 including molecular1 antigen1 and serological tests1 the manufacturing1 procurement and distribution of tests1 testing equipment and testing supplies1 including personal protective equipment needed for administering tests1 the development and validation of rapid1 molecular point-of-care tests1 and other tests1 support for workforce1 epidemiology1 to scale up academic1 commercial1 public health1 and hospital laboratories1 to conduct surveillance and contact tracing1 support development of ,,covid-#ai testing plans1 and other related activities related to ,,covid-#ai testing3 ,provided1 ,that of the amount appropriated under this paragraph in this ,act1 not less than #ae1jjj1jjj1jjj shall be for ,states1 localities1 territories1 tribes1 tribal organizations1 urban ,indian health organizations1 or health service providers to tribes for necessary expenses for testing1 contact tracing1 surveillance1 containment1 and mitigation1 including support for workforce1 epidemiology1 use by employers1 elementary and secondary schools1 child care facilities1 institutions of higher education1 long-term care facilities1 or in other settings1 scale up of testing by public health1 academic1 commercial1 and hospital laboratories1 and community-based testing sites1 health care facilities1 and other entities engaged in ,,covid-#ai testing1 and other related activities related to ,,covid-#ai testing1 contact tracing1 surveillance1 containment1 and mitigation3 ,provided further1 ,that the amount identified in the preceding proviso shall be allocated to ,states1 localities1 and territories according to the formula that applied to the ,public ,health ,emergency ,preparedness cooperative agreement in fiscal year #bjai3 ,provided further1 ,that not less than #ejj1jjj1jjj shall be allocated in coordination with the ,director of the ,indian ,health ,service1 to tribes1 tribal organizations1 urban ,indian health organizations1 or health service providers to tribes3 ,provided further1 ,that the ,secretary of ,health and ,human ,services 7referred to in this paragraph as the ,secretary7 may satisfy the funding thresholds outlined in the first and third provisos under this paragraph in this ,act by making awards through other grant or cooperative agreement mechanisms3 ,provided further1 ,that the ,governor or designee of each ,state1 locality1 territory1 tribe1 or tribal organization receiving funds pursuant to this ,act shall update their plans1 as applicable1 for ,,covid-#ai testing and contact tracing submitted to the ,secretary pursuant to the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci7 and submit such updates to the ,secretary not later than #fj days after funds appropriated in this paragraph in this ,act have been awarded to such recipient3 ,provided further1 ,that funds an entity receives from amounts described in the first proviso in this paragraph may also be used for the rent1 lease1 purchase1 acquisition1 construction1 alteration1 renovation1 or equipping of non-federally owned facilities to improve coronavirus preparedness and response capability at the ,state and local level3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,for an additional amount for ,public ,health and ,social ,services ,emergency ,fund1 #be1jjj1jjj1jjj1 to remain available until expended1 to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally1 which shall be for necessary expenses to reimburse1 through grants or other mechanisms1 eligible health care providers for health care related expenses or lost revenues that are attributable to coronavirus3 ,provided1 ,that these funds may not be used to reimburse expenses or losses that have been reimbursed from other sources or that other sources are obligated to reimburse3 ,provided further1 ,that recipients of payments under this paragraph shall submit reports and maintain documentation as the ,secretary determines are needed to ensure compliance with conditions that are imposed by this paragraph for such payments1 and such reports and documentation shall be in such form1 with such content1 and in such time as the ,secretary may prescribe for such purpose3 ,provided further1 ,that eligible health care providers means public entities1 ,medicare or ,medicaid enrolled suppliers and providers1 and such for-profit entities and not-for-profit entities not otherwise described in this proviso as the ,secretary may specify1 within the ,united ,states 7including territories71 that provide diagnoses1 testing1 or care for individuals with possible or actual cases of ,,covid-#ai3 ,provided further1 ,that the ,secretary of ,health and ,human ,services shall1 on a rolling basis1 review applications and make payments under this paragraph in this ,act3 ,provided further1 ,that funds appropriated under this paragraph in this ,act shall be available for building or construction of temporary structures1 leasing of properties1 medical supplies and equipment including personal protective equipment and testing supplies1 increased workforce and trainings1 emergency operation centers1 retrofitting facilities1 and surge capacity3 ,provided further1 ,that1 in this paragraph1 the term payment means a pre-payment1 prospective payment1 or retrospective payment1 as determined appropriate by the ,secretary3 ,provided further1 ,that payments under this paragraph shall be made in consideration of the most efficient payment systems practicable to provide emergency payment3 ,provided further1 ,that to be eligible for a payment under this paragraph1 an eligible health care provider shall submit to the ,secretary of ,health and ,human ,services an application that includes a statement justifying the need of the provider for the payment and the eligible health care provider shall have a valid tax identification number3 ,provided further1 ,that1 not later than #c years after final payments are made under this paragraph1 the ,office of ,inspector ,general of the ,department of ,health and ,human ,services shall transmit a final report on audit findings with respect to this program to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate3 ,provided further1 ,that nothing in this section limits the authority of the ,inspector ,general or the ,comptroller ,general to conduct audits of interim payments at an earlier date3 ,provided further1 ,that not later than #fj days after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall provide a report to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate on obligation of funds1 including obligations to such eligible health care providers summarized by ,state of the payment receipt3 ,provided further1 ,that such reports shall be updated and submitted to such ,committees every #fj days until funds are expended3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77;,a77i774 ,general ,provisions--,this ,act 7including transfer of funds7 #b4 ,funds appropriated by this ,act may be used by the ,secretary of the ,department of ,health and ,human ,services to appoint1 without regard to the provisions of sections #ccji through #ccai of title #e of the ,united ,states ,code1 candidates needed for positions to perform critical work relating to coronavirus for which-- 7#a7 public notice has been given2 and 7#b7 the ,secretary of ,health and ,human ,services has determined that such a public health threat exists4 #c4 ,funds made available by this ,act may be used to enter into contracts with individuals for the provision of personal services 7as described in section #ajd of part #cg of title #dh1 ,code of ,federal ,regulations 7#dh ,,cfr #cg4ajd77 to support the prevention of1 preparation for1 or response to coronavirus1 domestically and internationally1 subject to prior notification to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate3 ,provided1 ,that such individuals may not be deemed employees of the ,united ,states for the purpose of any law administered by the ,office of ,personnel ,management3 ,provided further1 ,that the authority made available pursuant to this section shall expire on ,september #cj1 #bjbd4 #d4 7a7 ,if services performed by an employee during #bjbj are determined by the head of the agency to be primarily related to preparation1 prevention1 or response to coronavirus1 any premium pay for such services shall be disregarded in calculating the aggregate of such employee's basic pay and premium pay for purposes of a limitation under section #eedg7;a7 of title #e1 ,united ,states ,code1 or under any other provision of law1 whether such employee's pay is paid on a biweekly or calendar year basis4 7b7 ,any overtime pay for such services shall be disregarded in calculating any annual limit on the amount of overtime pay payable in a calendar or fiscal year4 7c7 ,with regard to such services1 any pay that is disregarded under either subsection 7a7 or 7b7 shall be disregarded in calculating such employee's aggregate pay for purposes of the limitation in section #ecjg of such title #e4 7d7 7#a7 ,pay that is disregarded under subsection 7a7 or 7b7 shall not cause the aggregate of the employee's basic pay and premium pay for the applicable calendar year to exceed the rate of basic pay payable for a position at level ,,ii of the ,executive ,schedule under section #ecac of title #e1 ,united ,states ,code1 as in effect at the end of such calendar year4 7#b7 ,for purposes of applying this subsection to an employee who would otherwise be subject to the premium pay limits established under section #eedg of title #e1 ,united ,states ,code1 premium pay means the premium pay paid under the provisions of law cited in section #eedg7;a74 7#c7 ,for purposes of applying this subsection to an employee under a premium pay limit established under an authority other than section #eedg of title #e1 ,united ,states ,code1 the agency responsible for administering such limit shall determine what payments are considered premium pay4 7e7 ,this section shall take effect as if enacted on ,february #b1 #bjbj4 7f7 ,if application of this section results in the payment of additional premium pay to a covered employee of a type that is normally creditable as basic pay for retirement or any other purpose1 that additional pay shall not-- 7#a7 be considered to be basic pay of the covered employee for any purpose2 or 7#b7 be used in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section #eeea or section #eeeb of title #e1 ,united ,states ,code4 #e4 ,the paragraph codified at #db ,u4,s4,c4 #bca shall be applied in this and all other fiscal years as though the phrase central services referred to central services for any ,federal agency1 and this section shall be effective as if enacted on the date of the enactment of such paragraph4 #f4 ,funds appropriated by this ,act under the heading ,department of ,health and ,human ,services1 except for the amounts specified in the third and fourth paragraphs under the heading ,public ,health and ,social ,services ,emergency ,fund1 may be transferred to1 and merged with1 other appropriation accounts under the headings ,centers for ,disease ,control and ,prevention1 ,public ,health and ,social ,services ,emergency ,fund1 ,administration for ,children and ,families1 ,administration for ,community ,living1 and ,national ,institutes of ,health to prevent1 prepare for1 and respond to coronavirus following consultation with the ,office of ,management and ,budget3 ,provided1 ,that the ,committees on ,appropriations of the ,house of ,representatives and the ,senate shall be notified #aj days in advance of any such transfer3 ,provided further1 ,that1 upon a determination that all or part of the funds transferred from an appropriation by this ,act are not necessary1 such amounts may be transferred back to that appropriation3 ,provided further1 ,that none of the funds made available by this ,act may be transferred pursuant to the authority in section #bje of division ,a of ,public ,law #aaf-id or section #bda7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bch;j7a774 #g4 ,of the funds appropriated by this ,act under the heading ,public ,health and ,social ,services ,emergency ,fund1 up to #f1jjj1jjj shall be transferred to1 and merged with1 funds made available under the heading ,office of the ,secretary1 ,office of ,inspector ,general1 and shall remain available until expended1 for oversight of activities supported with funds appropriated to the ,department of ,health and ,human ,services to prevent1 prepare for1 and respond to coronavirus1 domestically or internationally3 ,provided1 ,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 funds3 ,provided further1 ,that the transfer authority provided by this section is in addition to any other transfer authority provided by law4 #h4 ,funds made available in ,public ,law #aac-bce to the accounts of the ,national ,institutes of ,health that were available for obligation through fiscal year #bjae shall be made available through fiscal year #bjba for the liquidation of valid obligations incurred in fiscal year #bjae3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77;,a77i77 is amended4 #i4 ,section #fge;,b7b77#c7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijf7;b77#c77 shall not apply with respect to funds appropriated by the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf7 to carry out the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iija et seq473 ,provided1 ,that the amounts repurposed in this section that were previously are designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija7;b77#b77;,a77i774 #aj4 7a7 ,each amount designated in this ,act by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe shall be available 7or rescinded or transferred1 if applicable7 only if the ,president subsequently so designates all such amounts and transmits such designations to the ,congress4 7b7 ,any amount appropriated by this ,act1 designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe and subsequently so designated by the ,president1 and transferred pursuant to transfer authorities provided by this ,act shall retain such designation4