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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7007 Introduced in House (IH)]

<DOC>

117th CONGRESS
  2d Session
                                H. R. 7007

 Making emergency supplemental appropriations for coronavirus response 
and relief for the fiscal year ending September 30, 2022, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2022

 Ms. DeLauro introduced the following bill; which was referred to the 
 Committee on Appropriations, and in addition to the Committee on the 
 Budget, 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

 
 Making emergency supplemental appropriations for coronavirus response 
and relief for the fiscal year ending September 30, 2022, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2022, and for 
other purposes, namely:

                                TITLE I

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        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'', $10,600,000,000, to remain available until September 
30, 2025, to prevent, prepare for, and respond to coronavirus, 
including for necessary expenses with respect to the research and 
development, manufacturing, production, purchase, and distribution of 
vaccines, therapeutics, diagnostics, and medical products, services, 
and supplies:  Provided, That of the amount provided under this heading 
in this Act, up to $9,850,000,000 shall be available to the Biomedical 
Advanced Research and Development Authority for necessary expenses of 
advanced research and development, manufacturing, production, and 
purchase, at the discretion of the Secretary of Health and Human 
Services, of vaccines, therapeutics, diagnostics, and supplies 
necessary for the administration of such vaccines, therapeutics, and 
diagnostics:  Provided further, That from the amount made available in 
the preceding proviso, not less than $5,000,000,000 shall be available 
for necessary expenses to research, develop, manufacture, produce, 
purchase, and administer therapeutics:  Provided further, That from the 
amount made available under this heading in this Act, not less than 
$750,000,000 shall be available for research and clinical trials 
related to research on, clinical trials for, and development and 
procurement of, vaccines for emerging coronavirus variants, and to 
support the sustainment and expansion of vaccine manufacturing 
capacity, including fill-finish capacity:  Provided further, That 
products, supplies, and equipment purchased with amounts provided under 
this heading in this Act may, at the discretion of the Secretary of 
Health and Human Services, be deposited in the Strategic National 
Stockpile under section 319F-2(a) of the Public Health Service Act:  
Provided further, That amounts provided under this heading in this Act 
may be used for the construction, alteration, or renovation of non-
federally owned U.S.-based facilities for the production of vaccines, 
therapeutics, diagnostics, and ancillary medical supplies where the 
Secretary determines that such a contract is necessary to secure 
sufficient amounts of such supplies:  Provided further, That amounts 
provided 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 the transfer authority provided under this 
heading in this Act is in addition to any other transfer authority 
provided by law:  Provided further, That the Secretary shall notify the 
Committees on Appropriations of the House of Representatives and the 
Senate at least 2 days in advance of any obligation in excess of 
$50,000,000, including but not limited to contracts and interagency 
agreements, from amounts provided under this heading in this Act:  
Provided further, That the Secretary shall provide a report to the 
Committees on Appropriations of the House of Representatives and the 
Senate not later than 30 days after the date of enactment of this Act, 
and every 30 days thereafter until all amounts provided under this 
heading in this Act have been expended, detailing obligations of such 
amounts in excess of $20,000,000, with annotation of which Department 
or agency, and component thereof is managing the contract; the current 
inventory of COVID-19 vaccines, therapeutics, and diagnostics; and the 
distribution of COVID-19 vaccines, therapeutics, and diagnostics during 
the previous month, reported by State and other jurisdiction.

                     GENERAL PROVISIONS--THIS TITLE

                     (including transfer of funds)

    Sec. 1101.  Funds appropriated by this title under the heading 
``Public Health and Social Services Emergency Fund'' may be transferred 
to, and merged with, other appropriation accounts under the heading 
``National Institutes of Health'' to prevent, prepare for, and respond 
to coronavirus:  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 the transfer 
authority provided by this section is in addition to any other transfer 
authority provided by law:  Provided further, That, upon a 
determination that all or part of the funds transferred from an 
appropriation by this Act are not necessary, such amounts may be 
transferred back to that appropriation:  Provided further, That none of 
the funds made available by this Act may be transferred pursuant to the 
authority in section 205 of the Departments of Labor, Health and Human 
Services, and Education, and Related Agencies Appropriations Act, 2022 
or section 241(a) of the Public Health Service Act.
    Sec. 1102.  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 in this 
title, including estimated personnel and administrative costs, to the 
Committees on Appropriations of the House of Representatives and the 
Senate:  Provided, That such plans shall be updated and submitted to 
such Committees every 60 days until all funds are expended:  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: 
 Provided further, That the Committees on Appropriations of the House 
of Representatives and the Senate shall be briefed on obligations 
quarterly until all funds are expended.
    Sec. 1103.  Not later than 60 days after the date of enactment of 
this Act, the Secretary of Health and Human Services shall provide 
biweekly obligation reports, including anticipated use of funds made 
available in this title, to the Committees on Appropriations of the 
House of Representatives and the Senate:  Provided, That such reports 
shall be updated and submitted biweekly to the Committees until all 
funds are expended.
    Sec. 1104.  Not later than 30 days after the date of enactment of 
this Act, the Secretary of Health and Human Services shall provide 
monthly reports on obligations made with these supplemental funds 
related to: (1) research; (2) advanced development; (3) procurement; or 
(4) administration activities to the Committees on Appropriations of 
the House of Representatives and the Senate and the Committee on Energy 
and Commerce of the House of Representatives and Committee on Health, 
Education, Labor, and Pensions of the Senate:  Provided, That such 
report shall include for procurement contracts: (1) recipient; (2) 
total number of units purchased; (3) delivery dates; (4) any options on 
such contracts; and (5) location of manufactured product:  Provided 
further, That such report shall include projections of the supply of 
and domestic need for vaccines, therapeutics, tests, and ancillary 
medical supplies over the next 90 days to prepare for and respond to 
coronavirus, to the extent such information is available:  Provided 
further, That such reports shall be updated and submitted monthly to 
the Committees until all funds are expended.

                                TITLE II

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                          diplomatic programs

    For an additional amount for ``Diplomatic Programs'', $15,000,000, 
to remain available until September 30, 2024, to prevent, prepare for, 
and respond to coronavirus.

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

    For an additional amount for ``Operating Expenses'', $35,000,000, 
to remain available until September 30, 2024, to prevent, prepare for, 
and respond to coronavirus.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                         global health programs

    For an additional amount for ``Global Health Programs'', 
$4,450,000,000, to remain available until expended, to prevent, prepare 
for, and respond to coronavirus:  Provided, That funds may be made 
available as contributions, including to the Global Fund to Fight AIDS, 
Tuberculosis, and Malaria, and to Gavi, the Vaccine Alliance:  Provided 
further, That any contribution to the Global Fund to Fight AIDS, 
Tuberculosis and Malaria made pursuant to the preceding proviso shall 
be made available notwithstanding section 202(d)(4)(A)(i) of the United 
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 
2003 (22 U.S.C. 7622(d)(4)(A)(i)), and such contribution shall not be 
considered a contribution for the purpose of applying such section 
202(d)(4)(A)(i).

                   international disaster assistance

    For an additional amount for ``International Disaster Assistance'', 
$425,000,000, to remain available until expended, to prevent, prepare 
for, and respond to coronavirus, and for humanitarian needs.

                          Department of State

                    migration and refugee assistance

    For an additional amount for ``Migration and Refugee Assistance'', 
$75,000,000, to remain available until expended, to prevent, prepare 
for, and respond to coronavirus, and for humanitarian needs.

                     GENERAL PROVISIONS--THIS TITLE

                     (including transfers of funds)

    Sec. 1201.  The reporting requirement provided by section 406(b) of 
the Coronavirus Preparedness and Response Supplemental Appropriations 
Act, 2020 (division A of Public Law 116-123) shall apply to funds 
appropriated by this title, except that such section 406(b) shall be 
applied to such funds by substituting ``September 30, 2023'' for 
``September 30, 2022''.
    Sec. 1202. (a) Funds appropriated by this title under the headings 
``Global Health Programs'', ``International Disaster Assistance'', and 
``Migration and Refugee Assistance'' may be transferred to, and merged 
with, funds appropriated by this title under such headings to prevent, 
prepare for, and respond to coronavirus, and for humanitarian needs.
    (b) The authorities and limitations provided by sections 402(d), 
402(e), and 402(f) of the Coronavirus Preparedness and Response 
Supplemental Appropriations Act, 2020 (division A of Public Law 116-
123) shall apply to the funds appropriated and authorities provided by 
this title.

                               TITLE III

                      GENERAL PROVISIONS--THIS ACT

    Sec. 1301.  Each amount appropriated or made available by this Act 
is in addition to amounts otherwise appropriated for the fiscal year 
involved.
    Sec. 1302.  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. 1303.  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 2022.
    Sec. 1304.  Each amount provided by this Act is designated by the 
Congress as being for an emergency requirement pursuant to section 
4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the 
concurrent resolution on the budget for fiscal year 2022.
    Sec. 1305.  In this Act, the term ``coronavirus'' means SARS-CoV-2 
or another coronavirus with pandemic potential.
    Sec. 1306. (a) Of the unobligated balances from amounts made 
available to the Department of Agriculture in section 1001(a) of 
subtitle A of title I of the American Rescue Plan Act of 2021 (Public 
Law 117-2), $1,000,000,000 are hereby permanently rescinded.
    (b) Of the unobligated balances from amounts made available under 
the heading ``Small Business Administration--Business Loans Program 
Account, CARES Act'' in section 323(d)(1)(A) of division N of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260) for the cost 
of guaranteed loans as authorized under paragraphs (36) and (37) of 
section 7(a) of the Small Business Act (15 U.S.C. 636(a)), 
$2,950,000,000 are hereby permanently rescinded.
    (c) Of the unexpended balances remaining from amounts made 
available under the heading ``Small Business Administration--Business 
Loans Program Account, CARES Act'' in section 1107(a)(1) of the 
Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
136), as amended by section 101(a)(2) of division A of the Paycheck 
Protection Program and Health Care Enhancement Act (Public Law 116-
139), $1,904,000,000 shall be returned to the Treasury.
    (d) Of the unobligated balances from amounts made available to the 
Department of Education in section 2003 of title II of the American 
Rescue Plan Act of 2021 (Public Law 117-2) and allocated to 
institutions of higher education as defined in section 102(b) of the 
Higher Education Act of 1965, $100,000,000 are hereby permanently 
rescinded.
    (e) Of the unobligated balances from amounts made available to the 
Department of Transportation in section 7202(a) of title VII of the 
American Rescue Plan Act of 2021 (Public Law 117-2), $2,000,000,000 are 
hereby permanently rescinded.
    (f) Of the unobligated balances from amounts made available to the 
Secretary of the Treasury (referred to in this subsection as 
``Secretary'') for administrative expenses pursuant to section 4003(f) 
of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 
116-136), up to $55,000,000 shall be available to the Secretary for any 
administrative expenses of the Department of the Treasury determined by 
the Secretary to be necessary to implement section 501 of division N of 
the Consolidated Appropriations Act, 2021 (Public Law 116-260), section 
3201 of the American Rescue Plan Act of 2021 (Public Law 117-2), or 
title VI of the Social Security Act (42 U.S.C. 801 et seq.), in 
addition to amounts otherwise available for such purposes.
    (g)(1) Statutory PAYGO Scorecards.--The budgetary effects of this 
section shall not be entered on either PAYGO scorecard maintained 
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
    (2) Senate PAYGO Scorecards.--The budgetary effects of this section 
shall not be entered on any PAYGO scorecard maintained for purposes of 
section 4106 of H. Con. Res. 71 (115th Congress).
    (3) 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 section 
shall not be estimated--
            (A) for purposes of section 251 of such Act;
            (B) for purposes of an allocation to the Committee on 
        Appropriations pursuant to section 302(a) of the Congressional 
        Budget Act of 1974; and
            (C) 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.
    Sec. 1307.  Of the unobligated balances from amounts made available 
to the Department of Agriculture under the heading ``Agricultural 
Programs--Office of the Secretary'' in title I of division B of the 
Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
136), $650,000,000 are hereby permanently rescinded:  Provided, That 
the amounts rescinded pursuant to this section that were previously 
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 are designated by the Congress as an emergency 
requirement pursuant to section 4001(a)(1) and section 4001(b) of S. 
Con. Res. 14 (117th Congress), the concurrent resolution on the budget 
for fiscal year.
    This Act may be cited as the ``COVID Supplemental Appropriations 
Act, 2022''.
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