H. R. 133—739 
on use of funds provided under this paragraph: 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 equip-
ping of non-federally owned facilities to improve coronavirus 
preparedness and response capability at the State and local level: 
Provided further, That the Secretary shall provide a report to the 
Committees on Appropriations of the House of Representatives and 
the Senate on obligation of funds to eligible entities pursuant to 
the sixth proviso, summarized by State, not later than 30 days 
after the date of enactment of this Act, and every 60 days thereafter 
until funds are expired: 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’’, $3,000,000,000, to remain 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 reve-
nues 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 obli-
gated to reimburse: Provided further, That recipients of payments 
under this paragraph shall submit reports and maintain documenta-
tion as the Secretary determines are needed to ensure compliance 
with conditions that are imposed by this paragraph for such pay-
ments, 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 further, That ‘‘eligible health care pro-
viders’’ means public entities, Medicare or Medicaid enrolled sup-
pliers and providers, and such for-profit entities and not-for-profit 
entities not otherwise described in this proviso as the Secretary 
may specify, within the United States (including territories), that 
provide diagnoses, testing, or care for individuals with possible 
or actual cases of COVID–19: Provided further, That the Secretary 
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 supplies and equipment including personal 
protective equipment and testing supplies, increased workforce and 
trainings, emergency operation centers, retrofitting facilities, and 
surge capacity: Provided further, That, in this paragraph, the term 
‘‘payment’’ means a pre-payment, prospective payment, or retrospec-
tive payment, as determined appropriate by the Secretary: Provided 
further, That payments under this paragraph shall be made in 
consideration of the most efficient payment systems practicable 
to provide emergency payment: Provided further, That to be eligible 
for a payment under this paragraph in this Act, an eligible health 
care provider shall submit to the Secretary 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 for any reimburse-
ment by the Secretary from the Provider Relief Fund to an eligible 
health care provider that is a subsidiary of a parent organization,
H. R. 133—740 
the parent organization may, allocate (through transfers or other-
wise) all or any portion of such reimbursement among the subsidiary 
eligible health care providers of the parent organization, including 
reimbursements referred to by the Secretary as ‘‘Targeted Distribu-
tion’’ payments, among subsidiary eligible health care providers 
of the parent organization except that responsibility for reporting 
the reallocated reimbursement shall remain with the original 
recipient of such reimbursement: Provided further, That, for any 
reimbursement from the Provider Relief Fund to an eligible health 
care provider for health care related expenses or lost revenues 
that are attributable to coronavirus (including reimbursements 
made before the date of the enactment of this Act), such provider 
may calculate such lost revenues using the Frequently Asked Ques-
tions guidance released by the Department of Health and Human 
Services in June 2020, including the difference between such pro-
vider’s budgeted and actual revenue budget if such budget had 
been established and approved prior to March 27, 2020: Provided 
further, That of the amount made available in the third paragraph 
under this heading in Public Law 116–136, not less than 85 percent 
of (i) the unobligated balances available as of the date of enactment 
of this Act, and (ii) any funds recovered from health care providers 
after the date of enactment of this Act, shall be for any successor 
to the Phase 3 General Distribution allocation to make payments 
to eligible health care providers based on applications that consider 
financial losses and changes in operating expenses occurring in 
the third or fourth quarter of calendar year 2020, or the first 
quarter of calendar year 2021, that are attributable to coronavirus: 
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 further, 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 date: 
Provided further, That not later than 60 days after the date 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, summa-
rized by State of the payment receipt: Provided further, That such 
reports shall be updated and submitted to such Committees every 
60 days until funds are expended: Provided further, That the 
amounts repurposed in this paragraph that were previously des-
ignated 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: 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.
H. R. 133—741 
GENERAL PROVISIONS—DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 
SEC. 301. Funds appropriated by this title 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 Services has deter-
mined that such a public health threat exists. 
SEC. 302. Funds appropriated 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. 303. (a) If services performed by an employee during 
2020 and 2021 are determined by the head of the agency to be 
primarily related to preparation, prevention, or response to 
coronavirus, any premium pay for such services shall be disregarded 
in calculating the aggregate of such employee’s basic pay and pre-
mium pay for purposes of a limitation under section 5547(a) of 
title 5, United States Code, or under any other provision of law, 
whether such employees pay is paid on a biweekly or calendar 
year basis. 
(b) 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 year. 
(c) With regard to such services, any pay that is disregarded 
under either subsection (a) or (b) shall be disregarded in calculating 
such employee’s aggregate pay for purposes of the limitation in 
section 5307 of such title 5. 
(d)(1) Pay that is disregarded under subsection (a) or (b) 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 5313 of title 5, United States Code, as in effect 
at the end of such calendar year. 
(2) For purposes of applying this subsection to an employee 
who would otherwise be subject to the premium pay limits 
established under section 5547 of title 5, United States Code, 
‘‘premium pay’’ means the premium pay paid under the provi-
sions of law cited in section 5547(a). 
(3) For purposes of applying this subsection to an employee 
under a premium pay limit established under an authority 
other than section 5547 of title 5, United States Code, the 
agency responsible for administering such limit shall determine 
what payments are considered premium pay. 
(e) This section shall take effect as if enacted on February 
2, 2020.
H. R. 133—742 
(f) 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 pur-
pose, that additional pay shall not— 
(1) be considered to be basic pay of the covered employee 
for any purpose; or 
(2) be used in computing a lump-sum payment to the 
covered employee for accumulated and accrued annual leave 
under section 5551 or section 5552 of title 5, United States 
Code. 
SEC. 304. Funds appropriated by this title to the heading 
‘‘Department of Health and Human Services’’ except for the amounts 
specified in the second and third paragraphs under the heading 
‘‘Public Health and Social Services Emergency Fund’’, may be trans-
ferred to, and merged with, other appropriation accounts under 
the headings ‘‘Centers for Disease Control and Prevention’’, 
‘‘National Institutes of Health’’, ‘‘Substance Abuse and Mental 
Health Services’’, ‘‘Administration for Children and Families’’, and 
‘‘Public Health and Social Services Emergency Fund’’, to prevent, 
prepare for, and respond to coronavirus following consultation with 
the Office of Management and Budget: Provided further, 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 appropria-
tion: 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 
PHS Act. 
SEC. 305. 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 the ‘‘Office of the Secretary, 
Office of Inspector General’’, and shall remain available until 
expended, for oversight of activities supported with funds appro-
priated to the Department of Health and Human Services to pre-
vent, prepare for, and respond to coronavirus, domestically or inter-
nationally: 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. 
SEC. 306. Section 675b(b)(3) of the Community Services Block 
Grant Act (42 U.S.C. 9906(b)(3)) shall not apply with respect to 
funds appropriated by the Coronavirus Aid, Relief, and Economic 
Security Act (Public Law 116–136) to carry out the Community 
Services Block Grant Act (42 U.S.C. 9901 et seq.): Provided, That 
the amounts repurposed in this section that were previously des-
ignated 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. 
SEC. 307. Penalties and administrative requirements under 
title XXVI of the Public Health Service Act may be waived by 
the Secretary of Health and Human Services for funds awarded