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-
tives 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, 2020: 
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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 So-
cial Services Emergency Fund’’, $29,000,000,000, to re-
main available until September 30, 2024, to prevent, pre-
pare for, and respond to coronavirus, domestically or 
internationally, including the development of necessary 
countermeasures and vaccines, prioritizing platform-based 
technologies with United States-based manufacturing ca-
pabilities, 
the 
purchase 
of 
vaccines, 
therapeutics, 
diagnostics, necessary medical supplies, as well as medical 
surge capacity, addressing blood supply chain, workforce 
modernization, telehealth access and infrastructure, initial 
advanced manufacturing, novel dispensing, enhancements 
to the United States Commissioned Corps, and other pre-
paredness and response activities: Provided, That funds 
appropriated under this paragraph in this Act may be 
used to develop and demonstrate innovations and enhance-
ments to manufacturing platforms to support such capa-
bilities: Provided further, That the Secretary of Health 
and Human Services shall purchase vaccines developed 
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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 need: Provided 
further, That products purchased by the Federal govern-
ment with funds made available under this paragraph in 
this Act, including vaccines, therapeutics, and diagnostics, 
shall be purchased in accordance with Federal Acquisition 
Regulation guidance on fair and reasonable pricing: Pro-
vided further, That the Secretary may take such measures 
authorized under current law to ensure that vaccines, 
therapeutics, and diagnostics developed from funds pro-
vided in this Act will be affordable in the commercial mar-
ket: 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 the 
Secretary shall ensure that protections remain for individ-
uals enrolled in group or individual health care coverage 
with pre-existing conditions, including those linked to 
coronavirus: Provided further, That products purchased 
with funds appropriated under this paragraph 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 of the Public Health Serv-
ice Act (42 U.S.C. 247d–6b): Provided further, That of 
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the amount appropriated under this paragraph in this Act, 
not more than $2,000,000,000 shall be for the Strategic 
National Stockpile under section 319F–2(a) of such Act: 
Provided further, That funds appropriated under this 
paragraph in this Act may be transferred to, and merged 
with, the fund authorized by the Covered Counter Measure 
Process Fund under section 319F–4 of the Public Health 
Service Act (42 U.S.C. 247d–6e): Provided further, That 
of the amount appropriated under this paragraph in this 
Act, $20,000,000,000 shall be available to the Biomedical 
Advanced Research and Development Authority for nec-
essary expenses of manufacturing, production, and pur-
chase, at the discretion of the Secretary, of vaccines, 
therapeutics, diagnostics, and small molecule active phar-
maceutical ingredients, including the development, trans-
lation, and demonstration at scale of innovations in manu-
facturing platforms: Provided further, That funds in the 
previous proviso may be used for the construction or ren-
ovation of United States-based next generation manufac-
turing facilities, other than facilities owned by the United 
States Government: Provided further, That of the amount 
provided under this heading in this Act, $6,000,000,000 
shall be for activities to plan, prepare for, promote, dis-
tribute, administer, monitor, and track coronavirus vac-
cines to ensure broad-based distribution, access, and vac-
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$50,000,000, including but not limited to contracts and 
interagency agreements, from funds provided in this para-
graph in this Act: Provided further, That funds appro-
priated under this paragraph in this Act may be used for 
the construction, alteration, or renovation of non-federally 
owned facilities for the production of vaccines, thera-
peutics, diagnostics, and medical supplies where the Sec-
retary determines that such a contract is necessary to se-
cure sufficient amounts of such supplies: Provided further, 
That the not later than 30 days after enactment of this 
Act, and every 30 days thereafter until funds are ex-
pended, the Secretary shall report to the Committees on 
Appropriations of the House of Representatives and the 
Senate on uses of funding for Operation Warp Speed, de-
tailing current obligations by Department or Agency, or 
component thereof broken out by the coronavirus supple-
mental appropriations Act that provided the source of 
funds: Provided further, That the plan outlined in the pre-
vious proviso shall include funding by contract, grant, or 
other transaction in excess of $20,000,000 with a notation 
of which Department or Agency, and component thereof 
is managing the contract: Provided further, That such 
amount is designated by the Congress as being for an 
emergency 
requirement 
pursuant 
to 
section 
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251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). 
For an additional amount for ‘‘Public Health and So-
cial Services Emergency Fund’’, $8,085,000,000, to re-
main available until September 30, 2022, to prevent, pre-
pare for, and respond to coronavirus, domestically or 
internationally: Provided, That $7,600,000,000 of the 
funds appropriated under this paragraph in this Act shall 
be transferred to ‘‘Health Resources and Services Admin-
istration—Primary Health Care’’ for grants, cooperative 
agreements, and other necessary expenses under the 
Health Centers Program, as defined by section 330 of the 
Public Health Service Act (42 U.S.C. 254b), including 
funding for alteration, renovation, construction, equip-
ment, and other capital improvement costs, and including 
funding to support, maintain, or increase health center ca-
pacity and staffing levels, as necessary, to meet the needs 
of areas affected by coronavirus: Provided further, That 
sections 330(r)(2)(B), 330(e)(3), 330(e)(6)(A)(iii), and 
330(e)(6)(B)(iii) of such Act shall not apply to funds in 
the preceding proviso: Provided further, That funding 
made available under this paragraph in this Act shall not 
be subject to requirements under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 
the National Historic Preservation Act of 1966: Provided 
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further, That for the purposes of any funding provided for 
fiscal year 2020 for the Health Centers Program pursuant 
to section 330 of the Public Health Service Act (42 U.S.C. 
254b), 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 319 of this Act shall be deemed 
a cost of prevention, diagnosis, and treatment of 
coronavirus: Provided further, That $250,000,000 of the 
funds appropriated under this paragraph in this Act shall 
be transferred to ‘‘Health Resources and Services Admin-
istration—Bureau of Health Workforce’’, to remain avail-
able until September 30, 2022, for supplements to existing 
payments under subsections 340E(a) and (h)(1) notwith-
standing the cap imposed by subsection (h)(1) and not-
withstanding subsection (h)(6), for Children’s Hospitals 
Graduate Medical Education, to prevent, prepare for, and 
respond to coronavirus, domestically or internationally: 
Provided further, That $5,000,000 of the funds appro-
priated under this paragraph in this Act shall be trans-
ferred to ‘‘Health Resources and Services Administra-
tion—Health Care Systems’’, to remain available until 
September 30, 2022, for activities under sections 1271 
and 1273 of the this Act to improve the capacity of poison 
control centers to respond to increased calls: Provided fur-
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ther, That of the amount appropriated under this para-
graph in this Act, $225,000,000 shall be for grants or 
other mechanisms, to rural health clinics as defined in sec-
tion 1861(aa)(2) of the Social Security Act (42 U.S.C. 
1395x(aa)(2)) with such funds also available to such enti-
ties for building or construction of temporary structures, 
leasing of properties, and retrofitting facilities as nec-
essary to support COVID–19 testing: Provided further, 
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 Aid, Relief, and Economic Security Act 
(Public Law 116–136); may be distributed using contracts 
or agreements established for such program; and shall be 
subject to the process requirements applicable to such pro-
gram: Provided further, That the Secretary may specify 
a minimum amount for each eligible entity accepting as-
sistance under the two previous provisos: Provided further, 
That of the amount made available under this heading in 
this Act to prevent, prepare for, and respond to 
coronavirus, $5,000,000, shall be available to implement 
section 747A of the PHS Act and section 747A(c) shall 
not apply to these funds: Provided further, That such 
amount is designated by the Congress as being for an 
emergency 
requirement 
pursuant 
to 
section 
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251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). 
For an additional amount for ‘‘Public Health and So-
cial Services Emergency Fund’’, $16,000,000,000, to re-
main available until expended, to prevent, prepare for, and 
respond to coronavirus, domestically or internationally, 
which shall be for necessary expenses for testing, contact 
tracing, surveillance, containment, and mitigation to mon-
itor and suppress COVID–19, including tests for both ac-
tive infection and prior exposure, including molecular, 
antigen, and serological tests, the manufacturing, procure-
ment and distribution of tests, testing equipment and test-
ing supplies, including personal protective equipment 
needed for administering tests, the development and vali-
dation of rapid, molecular point-of-care tests, and other 
tests, support for workforce, epidemiology, to scale up aca-
demic, commercial, public health, and hospital labora-
tories, to conduct surveillance and contact tracing, support 
development of COVID–19 testing plans, and other re-
lated activities related to COVID–19 testing: Provided, 
That of the amount appropriated under this paragraph in 
this Act, not less than $15,000,000,000 shall be for 
States, localities, territories, tribes, tribal organizations, 
urban Indian health organizations, or health service pro-
viders to tribes for necessary expenses for testing, contact 
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tracing, surveillance, containment, and mitigation, includ-
ing support for workforce, epidemiology, use by employers, 
elementary and secondary schools, child care facilities, in-
stitutions of higher education, long-term care facilities, or 
in other settings, scale up of testing by public health, aca-
demic, commercial, and hospital laboratories, and commu-
nity-based testing sites, health care facilities, and other 
entities engaged in COVID–19 testing, and other related 
activities related to COVID–19 testing, contact tracing, 
surveillance, containment, and mitigation: Provided fur-
ther, That the amount identified in the preceding proviso 
shall be allocated to States, localities, and territories ac-
cording to the formula that applied to the Public Health 
Emergency Preparedness cooperative agreement in fiscal 
year 2019: Provided further, That not less than 
$500,000,000 shall be allocated in coordination with the 
Director of the Indian Health Service, to tribes, tribal or-
ganizations, urban Indian health organizations, or health 
service providers to tribes: Provided further, That the Sec-
retary of Health and Human Services (referred to in this 
paragraph as the ‘‘Secretary’’) 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 mechanisms: Pro-
vided further, That the Governor or designee of each State, 
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locality, territory, tribe, or tribal organization receiving 
funds pursuant to this Act shall update their plans, as 
applicable, for COVID–19 testing and contact tracing sub-
mitted to the Secretary pursuant to the Paycheck Protec-
tion Program and Health Care Enhancement Act (Public 
Law 116–139) and submit such updates to the Secretary 
not later than 60 days after funds appropriated in this 
paragraph in this Act have been awarded to such recipient: 
Provided further, That funds an entity receives from 
amounts described in the first proviso in this paragraph 
may also be used for the rent, lease, purchase, acquisition, 
construction, alteration, renovation, or equipping of non- 
federally owned facilities to improve coronavirus prepared-
ness and response capability at the State and local level: 
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 So-
cial Services Emergency Fund’’, $25,000,000,000, to re-
main available until expended, to prevent, prepare for, and 
respond to coronavirus, domestically or internationally, 
which shall be for necessary expenses to reimburse, 
through grants or other mechanisms, eligible health care 
providers for health care related expenses or lost revenues 
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that are attributable to coronavirus: Provided, 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 reimburse: Provided further, 
That recipients of payments under this paragraph shall 
submit reports and maintain documentation as the Sec-
retary determines are needed to ensure compliance with 
conditions that are imposed by this paragraph for such 
payments, and such reports and documentation shall be 
in such form, with such content, and in such time as the 
Secretary may prescribe for such purpose: Provided fur-
ther, That ‘‘eligible health care providers’’ means public 
entities, Medicare or Medicaid enrolled suppliers and pro-
viders, and such for-profit entities and not-for-profit enti-
ties not otherwise described in this proviso as the Sec-
retary may specify, within the United States (including 
territories), that provide diagnoses, testing, or care for in-
dividuals with possible or actual cases of COVID–19: Pro-
vided further, That the Secretary of Health and Human 
Services shall, on a rolling basis, review applications and 
make payments under this paragraph in this Act: Provided 
further, That funds appropriated under this paragraph in 
this Act shall be available for building or construction of 
temporary structures, leasing of properties, medical sup-
plies and equipment including personal protective equip-
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ment and testing supplies, increased workforce and 
trainings, emergency operation centers, retrofitting facili-
ties, and surge capacity: Provided further, That, in this 
paragraph, the term ‘‘payment’’ means a pre-payment, 
prospective payment, or retrospective payment, as deter-
mined appropriate by the Secretary: Provided further, 
That payments under this paragraph shall be made in con-
sideration of the most efficient payment systems prac-
ticable to provide emergency payment: Provided further, 
That to be eligible for a payment under this paragraph, 
an eligible health care provider shall submit to the Sec-
retary 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 number: Provided further, 
That, not later than 3 years after final payments are made 
under this paragraph, 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 Senate: Provided fur-
ther, That nothing in this section limits the authority of 
the Inspector General or the Comptroller General to con-
duct audits of interim payments at an earlier date: Pro-
vided further, That not later than 60 days after the date 
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of enactment of this Act, 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 funds, including obligations to 
such eligible health care providers summarized by State 
of the payment receipt: Provided further, That such re-
ports shall be updated and submitted to such Committees 
every 60 days until funds are expended: 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 (2 U.S.C. 901(b)(2)(A)(i)). 
GENERAL PROVISIONS—THIS ACT 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 2. Funds appropriated by this Act may be used 
by the Secretary of the Department of 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 of Health and Human Serv-
ices has determined that such a public health threat 
exists. 
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