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H.R. 266: Paycheck Protection Program and Health Care Enhancement Act


The text of the bill below is as of Apr 21, 2020 (Preprint (Suspension)).

Summary of this bill

The federal government has enacted four main stimulus laws in response to the covid-19 pandemic. Here’s a brief rundown of what each of these legislative actions did.

Phase 1: Coronavirus Preparedness and Response Supplemental Appropriations Act

The law

The Coronavirus Preparedness and Response Supplemental Appropriations Act was enacted on March 6, at a cost of $8.3 billion.

The economic impact of the virus had barely hit at this point, with most shutdowns and stay-at-home orders arriving between one and two weeks later. Accordingly, the money here was primarily for measures such as vaccine development and public health funding, with most dollars going to agencies within the Department of ...


BAI20329                                                         S.L.C.




AMENDMENT NO.llll                              Calendar No.lll
Purpose: To increase amounts authorized and appropriated
    for commitments for the Paycheck Protection Program
    authorized under section 7(a) of the Small Business
    Act, economic injury disaster loans and emergency
    grants under the CARES Act, to fund hospital and
    provider recovery and testing, and for other purposes.

IN THE SENATE OF THE UNITED STATES—116th Cong., 2d Sess.


                            H. R. lllllll

(title) llllllllllllllllllllllllllllll
lllllllllllllllllllllllllllllllll
lllllllllllllllllllllllllllllllll

 Referred to the Committee on llllllllll and
                   ordered to be printed
             Ordered to lie on the table and to be printed
 AMENDMENT IN THE NATURE OF A SUBSTITUTE intended
         to be proposed by lllllll
Viz:
 1           Strike all after the enacting clause and insert the fol-
 2 lowing:

 3     SECTION 1. SHORT TITLE.

 4           This Act may be cited as the ‘‘Paycheck Protection
 5 Program and Health Care Enhancement Act’’.
 6     SEC. 2. TABLE OF CONTENTS.

 7           The table of contents for this Act is as follows:
       Sec. 1. Short title.
       Sec. 2. Table of contents.

BAI20329 S.L.C. 2 Sec. 3. References. DIVISION A—SMALL BUSINESS PROGRAMS Sec. 101. Amendments to the Paycheck Protection Program, economic injury disaster loans, and emergency grants. Sec. 102. Emergency designation. DIVISION B—ADDITIONAL EMERGENCY APPROPRIATIONS FOR CORONAVIRUS RESPONSE 1 SEC. 3. REFERENCES. 2 Except as expressly provided otherwise, any reference 3 to ‘‘this Act’’ contained in any division of this Act shall 4 be treated as referring only to the provisions of that divi- 5 sion. 6 DIVISION A—SMALL BUSINESS 7 PROGRAMS 8 SEC. 101. AMENDMENTS TO THE PAYCHECK PROTECTION 9 PROGRAM, ECONOMIC INJURY DISASTER 10 LOANS, AND EMERGENCY GRANTS. 11 (a) INCREASED AUTHORITY FOR COMMITMENTS AND 12 APPROPRIATIONS FOR PAYCHECK PROTECTION PRO- 13 GRAM.—Title I of division A of the Coronavirus Aid, Re- 14 lief, and Economic Security Act (Public Law 116–136) is 15 amended— 16 (1) in section 1102(b)(1), by striking 17 ‘‘$349,000,000,000’’ and inserting 18 ‘‘$659,000,000,000’’; and 19 (2) in section 1107(a)(1), by striking 20 ‘‘$349,000,000,000’’ and inserting 21 ‘‘$670,335,000,000’’.
BAI20329 S.L.C. 3 1 (b) INCREASED AUTHORIZATION FOR EMERGENCY 2 EIDL GRANTS.—Section 1110(e)(7) of division A of the 3 Coronavirus Aid, Relief, and Economic Security Act (Pub- 4 lic Law 116–136) is amended by striking 5 ‘‘$10,000,000,000’’ and inserting ‘‘$20,000,000,000’’. 6 (c) ELIGIBILITY OF AGRICULTURAL ENTERPRISES 7 FOR ECONOMIC INJURY DISASTER LOANS AND EMER- 8 GENCY GRANTS.—Section 1110(a)(2) of division A of the 9 Coronavirus Aid, Relief, and Economic Security Act (Pub- 10 lic Law 116–136) is amended— 11 (1) in subparagraph (D), by striking ‘‘or’’ at 12 the end; 13 (2) in subparagraph (E), by striking the period 14 at the end and inserting ‘‘; or’’; and 15 (3) by adding at the end the following: 16 ‘‘(F) an agricultural enterprise (as defined 17 in section 18(b) of the Small Business Act (15 18 U.S.C. 647(b)) with not more than 500 employ- 19 ees.’’. 20 (d) SET ASIDE FOR INSURED DEPOSITORY INSTITU- 21 TIONS, CREDIT UNIONS, AND COMMUNITY FINANCIAL IN- 22 STITUTIONS.—Section 7(a)(36) of the Small Business Act 23 (15 U.S.C. 636(a)(36)) is amended— 24 (1) in subparagraph (A)—
BAI20329 S.L.C. 4 1 (A) in clause (viii), by striking ‘‘and’’ at 2 the end; 3 (B) in clause (ix), by striking the period at 4 the end and inserting a semicolon; and 5 (C) by adding at the end the following: 6 ‘‘(x) the term ‘community develop- 7 ment financial institution’ has the meaning 8 given the term in section 103 of the Riegle 9 Community Development and Regulatory 10 Improvement Act of 1994 (12 U.S.C. 11 4702)); 12 ‘‘(xi) the term ‘community financial 13 institutions’ means— 14 ‘‘(I) a community development fi- 15 nancial institution; 16 ‘‘(II) a minority depository insti- 17 tution, as defined in section 308 of 18 the Financial Institutions Reform, Re- 19 covery, and Enforcement Act of 1989 20 (12 U.S.C. 1463 note); 21 ‘‘(III) a development company 22 that is certified under title V of the 23 Small Business Investment Act of 24 1958 (15 U.S.C. 695 et seq.); and
BAI20329 S.L.C. 5 1 ‘‘(IV) an intermediary, as defined 2 in section 7(m)(11); and 3 ‘‘(xii) the term ‘credit union’ means a 4 State credit union or a Federal credit 5 union, as those terms are defined, respec- 6 tively, in section 101 of the Federal Credit 7 Union Act (12 U.S.C. 1752).’’; and 8 (2) by adding at the end the following: 9 ‘‘(S) SET-ASIDE FOR INSURED DEPOSI- 10 TORY INSTITUTIONS, CREDIT UNIONS, AND 11 COMMUNITY FINANCIAL INSTITUTIONS.— 12 ‘‘(i) INSURED DEPOSITORY INSTITU- 13 TIONS AND CREDIT UNIONS.—In making 14 loan guarantees under this paragraph after 15 the date of enactment of this clause, the 16 Administrator shall guarantee not less 17 than $30,000,000,000 in loans made by— 18 ‘‘(I) insured depository institu- 19 tions with consolidated assets of not 20 less than $10,000,000,000 and less 21 than $50,000,000,000; and 22 ‘‘(II) credit unions with consoli- 23 dated assets of not less than 24 $10,000,000,000 and less than 25 $50,000,000,000.
BAI20329 S.L.C. 6 1 ‘‘(ii) COMMUNITY FINANCIAL INSTITU- 2 TIONS, SMALL INSURED DEPOSITORY IN- 3 STITUTIONS, AND CREDIT UNIONS.—In 4 making loan guarantees under this para- 5 graph after the date of enactment of this 6 clause, the Administrator shall guarantee 7 not less than $30,000,000,000 in loans 8 made by— 9 ‘‘(I) community financial institu- 10 tions; 11 ‘‘(II) insured depository institu- 12 tions with consolidated assets of less 13 than $10,000,000,000; and 14 ‘‘(III) credit unions with consoli- 15 dated assets of less than 16 $10,000,000,000.’’. 17 SEC. 102. EMERGENCY DESIGNATION. 18 (a) IN GENERAL.—The amounts provided under this 19 division are designated as an emergency requirement pur- 20 suant to section 4(g) of the Statutory Pay-As-You-Go Act 21 of 2010 (2 U.S.C. 933(g)). 22 (b) DESIGNATION IN SENATE.—In the Senate, this 23 division is designated as an emergency requirement pursu- 24 ant to section 4112(a) of H. Con. Res. 71 (115th Con-
BAI20329 S.L.C. 7 1 gress), the concurrent resolution on the budget for fiscal 2 year 2018. 3 DIVISION B—ADDITIONAL EMERGENCY 4 APPROPRIATIONS FOR CORONAVIRUS 5 RESPONSE 6 The following sums are hereby appropriated, out of 7 any money in the Treasury not otherwise appropriated, 8 for the fiscal year ending September 30, 2020, and for 9 other purposes, namely: 10 TITLE I 11 DEPARTMENT OF HEALTH AND HUMAN 12 SERVICES 13 OFFICE OF THE SECRETARY 14 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 15 FUND 16 (INCLUDING TRANSFER OF FUNDS) 17 For an additional amount for ‘‘Public Health and So- 18 cial Services Emergency Fund’’, $75,000,000,000, to re- 19 main available until expended, to prevent, prepare for, and 20 respond to coronavirus, domestically or internationally, for 21 necessary expenses to reimburse, through grants or other 22 mechanisms, eligible health care providers for health care 23 related expenses or lost revenues that are attributable to 24 coronavirus: Provided, That these funds may not be used 25 to reimburse expenses or losses that have been reimbursed
BAI20329 S.L.C. 8 1 from other sources or that other sources are obligated to 2 reimburse: Provided further, That recipients of payments 3 under this paragraph in this Act shall submit reports and 4 maintain documentation as the Secretary of Health and 5 Human Services (referred to in this paragraph as the 6 ‘‘Secretary’’) determines are needed to ensure compliance 7 with conditions that are imposed by this paragraph in this 8 Act for such payments, and such reports and documenta- 9 tion shall be in such form, with such content, and in such 10 time as the Secretary may prescribe for such purpose: Pro- 11 vided further, That ‘‘eligible health care providers’’ means 12 public entities, Medicare or Medicaid enrolled suppliers 13 and providers, and such for-profit entities and not-for- 14 profit entities not otherwise described in this proviso as 15 the Secretary may specify, within the United States (in- 16 cluding territories), that provide diagnoses, testing, or 17 care for individuals with possible or actual cases of 18 COVID–19: Provided further, That the Secretary shall, on 19 a rolling basis, review applications and make payments 20 under this paragraph in this Act: Provided further, That 21 funds appropriated under this paragraph in this Act shall 22 be available for building or construction of temporary 23 structures, leasing of properties, medical supplies and 24 equipment including personal protective equipment and 25 testing supplies, increased workforce and trainings, emer-
BAI20329 S.L.C. 9 1 gency operation centers, retrofitting facilities, and surge 2 capacity: Provided further, That, in this paragraph, the 3 term ‘‘payment’’ means a pre-payment, prospective pay- 4 ment, or retrospective payment, as determined appropriate 5 by the Secretary: Provided further, That payments under 6 this paragraph in this Act shall be made in consideration 7 of the most efficient payment systems practicable to pro- 8 vide emergency payment: Provided further, That to be eli- 9 gible for a payment under this paragraph in this Act, an 10 eligible health care provider shall submit to the Secretary 11 an application that includes a statement justifying the 12 need of the provider for the payment and the eligible 13 health care provider shall have a valid tax identification 14 number: Provided further, That, not later than 3 years 15 after final payments are made under this paragraph in 16 this Act, the Office of Inspector General of the Depart- 17 ment of Health and Human Services shall transmit a final 18 report on audit findings with respect to this program to 19 the Committees on Appropriations of the House of Rep- 20 resentatives and the Senate: Provided further, That noth- 21 ing in this paragraph limits the authority of the Inspector 22 General or the Comptroller General to conduct audits of 23 interim payments at an earlier date: Provided further, 24 That not later than 60 days after the date of enactment 25 of this Act, the Secretary shall provide a report to the
BAI20329 S.L.C. 10 1 Committees on Appropriations of the House of Represent- 2 atives and the Senate on obligation of funds, including ob- 3 ligations to such eligible health care providers summarized 4 by State of the payment receipt: Provided further, That 5 such reports shall be updated and submitted to such Com- 6 mittees every 60 days until funds are expended: Provided 7 further, That such amount is designated by the Congress 8 as being for an emergency requirement pursuant to sec- 9 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer- 10 gency Deficit Control Act of 1985. 11 For an additional amount for ‘‘Public Health and So- 12 cial Services Emergency Fund’’, $25,000,000,000, to re- 13 main available until expended, to prevent, prepare for, and 14 respond to coronavirus, domestically or internationally, for 15 necessary expenses to research, develop, validate, manu- 16 facture, purchase, administer, and expand capacity for 17 COVID–19 tests to effectively monitor and suppress 18 COVID–19, including tests for both active infection and 19 prior exposure, including molecular, antigen, and sero- 20 logical tests, the manufacturing, procurement and dis- 21 tribution of tests, testing equipment and testing supplies, 22 including personal protective equipment needed for admin- 23 istering tests, the development and validation of rapid, 24 molecular point-of-care tests, and other tests, support for 25 workforce, epidemiology, to scale up academic, commer-
BAI20329 S.L.C. 11 1 cial, public health, and hospital laboratories, to conduct 2 surveillance and contact tracing, support development of 3 COVID–19 testing plans, and other related activities re- 4 lated to COVID–19 testing: Provided, That of the amount 5 appropriated under this paragraph in this Act, not less 6 than $11,000,000,000 shall be for States, localities, terri- 7 tories, tribes, tribal organizations, urban Indian health or- 8 ganizations, or health service providers to tribes for nec- 9 essary expenses to develop, purchase, administer, process, 10 and analyze COVID–19 tests, including support for work- 11 force, epidemiology, use by employers or in other settings, 12 scale up of testing by public health, academic, commercial, 13 and hospital laboratories, and community-based testing 14 sites, health care facilities, and other entities engaged in 15 COVID-19 testing, conduct surveillance, trace contacts, 16 and other related activities related to COVID–19 testing: 17 Provided further, That of the amount identified in the pre- 18 ceding proviso, not less than $2,000,000,000 shall be allo- 19 cated to States, localities, and territories according to the 20 formula that applied to the Public Health Emergency Pre- 21 paredness cooperative agreement in fiscal year 2019, not 22 less than $4,250,000,000 shall be allocated to States, lo- 23 calities, and territories according to a formula method- 24 ology that is based on relative number of cases of COVID– 25 19, and not less than $750,000,000 shall be allocated in
BAI20329 S.L.C. 12 1 coordination with the Director of the Indian Health Serv- 2 ice, to tribes, tribal organizations, urban Indian health or- 3 ganizations, or health service providers to tribes: Provided 4 further, That the Secretary of Health and Human Services 5 (referred to in this paragraph as the ‘‘Secretary’’) may 6 satisfy the funding thresholds outlined in the first and sec- 7 ond provisos under this paragraph in this Act by making 8 awards through other grant or cooperative agreement 9 mechanisms: Provided further, That not later than 30 days 10 after the date of enactment of this Act, the Governor or 11 designee of each State, locality, territory, tribe, or tribal 12 organization receiving funds pursuant to this Act shall 13 submit to the Secretary its plan for COVID–19 testing, 14 including goals for the remainder of calendar year 2020, 15 to include: (1) the number of tests needed, month-by- 16 month, to include diagnostic, serological, and other tests, 17 as appropriate; (2) month-by-month estimates of labora- 18 tory and testing capacity, including related to workforce, 19 equipment and supplies, and available tests; and (3) a de- 20 scription of how the State, locality, territory, tribe, or trib- 21 al organization will use its resources for testing, including 22 as it relates to easing any COVID–19 community mitiga- 23 tion policies: Provided further, That the Secretary shall 24 submit such formula methodology identified in the first 25 proviso under this paragraph in this Act to the Commit-
BAI20329 S.L.C. 13 1 tees on Appropriations of the House of Representatives 2 and the Senate one day prior to awarding such funds: Pro- 3 vided further, That such funds identified in the first and 4 second provisos under this paragraph in this Act shall be 5 allocated within 30 days of the date of enactment of this 6 Act: Provided further, That of the amount appropriated 7 under this paragraph in this Act, not less than 8 $1,000,000,000 shall be transferred to the ‘‘Centers for 9 Disease Control and Prevention—CDC-Wide Activities 10 and Program Support’’ for surveillance, epidemiology, lab- 11 oratory capacity expansion, contact tracing, public health 12 data surveillance and analytics infrastructure moderniza- 13 tion, disseminating information about testing, and work- 14 force support necessary to expand and improve COVID– 15 19 testing: Provided further, That of the amount appro- 16 priated under this paragraph in this Act, not less than 17 $306,000,000 shall be transferred to the ‘‘National Insti- 18 tutes of Health—National Cancer Institute’’ to develop, 19 validate, improve, and implement serological testing and 20 associated technologies for the purposes specified under 21 this paragraph in this Act: Provided further, That of the 22 amount appropriated under this paragraph in this Act, not 23 less than $500,000,000 shall be transferred to the ‘‘Na- 24 tional Institutes of Health—National Institute of Bio- 25 medical Imaging and Bioengineering’’ to accelerate re-
BAI20329 S.L.C. 14 1 search, development, and implementation of point of care 2 and other rapid testing related to coronavirus: Provided 3 further, That of the amount appropriated under this para- 4 graph in this Act, not less than $1,000,000,000 shall be 5 transferred to the ‘‘National Institutes of Health—Office 6 of the Director’’ to develop, validate, improve, and imple- 7 ment testing and associated technologies; to accelerate re- 8 search, development, and implementation of point of care 9 and other rapid testing; and for partnerships with govern- 10 mental and non-governmental entities to research, develop, 11 and implement the activities outlined in this proviso: Pro- 12 vided further, That funds in the preceding proviso may be 13 transferred to the accounts of the Institutes and Centers 14 of the National Institutes of Health (referred to in this 15 paragraph as the ‘‘NIH’’) for the purposes specified in 16 the preceding proviso: Provided further, That the transfer 17 authority provided in the preceding proviso is in addition 18 to all other transfer authority available to the NIH: Pro- 19 vided further, That of the amount appropriated under this 20 paragraph in this Act, not less than $1,000,000,000 shall 21 be available to the Biomedical Advanced Research and De- 22 velopment Authority for necessary expenses of advanced 23 research, development, manufacturing, production, and 24 purchase of diagnostic, serologic, or other COVID–19 25 tests or related supplies, and other activities related to
BAI20329 S.L.C. 15 1 COVID–19 testing at the discretion of the Secretary: Pro- 2 vided further, That of the amount appropriated under this 3 paragraph in this Act, $22,000,000, shall be transferred 4 to the ‘‘Department of Health and Human Services— 5 Food and Drug Administration—Salaries and Expenses’’ 6 to support activities associated with diagnostic, sero- 7 logical, antigen, and other tests, and related administra- 8 tive activities: Provided further, That the amount appro- 9 priated under this paragraph in this Act may be used for 10 grants for the rent, lease, purchase, acquisition, construc- 11 tion, alteration, renovation, or equipping of non-federally 12 owned facilities to improve preparedness and response ca- 13 pability at the State and local level for diagnostic, sero- 14 logic, or other COVID–19 tests, or related supplies: Pro- 15 vided further, That the amount appropriated under this 16 paragraph in this Act may be used for construction, alter- 17 ation, renovation, or equipping of non-federally owned fa- 18 cilities for the production of diagnostic, serologic, or other 19 COVID–19 tests, or related supplies, where the Secretary 20 determines that such a contract is necessary to secure, or 21 for the production of, sufficient amounts of such tests or 22 related supplies: Provided further, That funds appro- 23 priated under this paragraph in this Act may be used for 24 purchase of medical supplies and equipment, including 25 personal protective equipment and testing supplies to be
BAI20329 S.L.C. 16 1 used for administering tests, increased workforce and 2 trainings, emergency operation centers, and surge capacity 3 for diagnostic, serologic, or other COVID–19 tests, or re- 4 lated supplies: Provided further, That products purchased 5 with funds appropriated under this paragraph in this Act 6 may, at the discretion of the Secretary, be deposited in 7 the Strategic National Stockpile under section 319F–2 of 8 the Public Health Service Act: Provided further, That of 9 the amount appropriated under this paragraph in this Act, 10 $600,000,000 shall be transferred to ‘‘Health Resources 11 and Services Administration—Primary Health Care’’ for 12 grants under the Health Centers program, as defined by 13 section 330 of the Public Health Service Act, and for 14 grants to federally qualified health centers, as defined in 15 section 1861(aa)(4)(B) of the Social Security Act: Pro- 16 vided further, That sections 330(e)(6)(A)(iii), 17 330(e)(6)(B)(iii), and 330(r)(2)(B) of the Public Health 18 Service Act shall not apply to funds provided under the 19 previous proviso: Provided further, That of the amount ap- 20 propriated under this paragraph in this Act, $225,000,000 21 shall be used to provide additional funding for COVID– 22 19 testing and related expenses, through grants or other 23 mechanisms, to rural health clinics as defined in section 24 1861(aa)(2) of the Social Security Act, with such funds 25 also available to such entities for building or construction
BAI20329 S.L.C. 17 1 of temporary structures, leasing of properties, and retro- 2 fitting facilities as necessary to support COVID–19 test- 3 ing: Provided further, That such funds shall be distributed 4 using the procedures developed for the Provider Relief 5 Fund authorized under the third paragraph under this 6 heading in division B of the Coronavirus Aid, Relief, and 7 Economic Security Act (Public Law 116–136); may be 8 distributed using contracts or agreements established for 9 such program; and shall be subject to the process require- 10 ments applicable to such program: Provided further, That 11 the Secretary may specify a minimum amount for each 12 eligible entity accepting assistance under the two previous 13 provisos: Provided further, That up to $1,000,000,000 of 14 funds provided under this paragraph in this Act may be 15 used to cover the cost of testing for the uninsured, using 16 the definitions applicable to funds provided under this 17 heading in Public Law 116–127: Provided further, That 18 not later than 21 days after the date of enactment of this 19 Act, the Secretary, in coordination with other appropriate 20 departments and agencies, shall issue a report on COVID– 21 19 testing: Provided further, That such report shall in- 22 clude data on demographic characteristics, including, in 23 a de-identified and disaggregated manner, race, ethnicity, 24 age, sex, geographic region and other relevant factors of 25 individuals tested for or diagnosed with COVID–19, to the
BAI20329 S.L.C. 18 1 extent such information is available: Provided further, 2 That such report shall include information on the number 3 and rates of cases, hospitalizations, and deaths as a result 4 of COVID–19: Provided further, That such report shall be 5 submitted to the Committees on Appropriations of the 6 House and Senate, and the Committee on Energy and 7 Commerce of the House of Representatives and the Com- 8 mittee on Health, Education, Labor, and Pensions of the 9 Senate, and updated and resubmitted to such Committees, 10 as necessary, every 30 days until the end of the COVID– 11 19 public health emergency first declared by the Secretary 12 on January 31, 2020: Provided further, That not later 13 than 180 days after the date of enactment of this Act, 14 the Secretary shall issue a report on the number of posi- 15 tive diagnoses, hospitalizations, and deaths as a result of 16 COVID–19, disaggregated nationally by race, ethnicity, 17 age, sex, geographic region, and other relevant factors: 18 Provided further, That such report shall include epidemio- 19 logical analysis of such data: Provided further, That not 20 later than 30 days after the date of the enactment of this 21 Act, the Secretary, in coordination with other departments 22 and agencies, as appropriate, shall report to the Commit- 23 tees on Appropriations of the House and Senate, the Com- 24 mittee on Energy and Commerce of the House of Rep- 25 resentatives, and the Committee on Health, Education,
BAI20329 S.L.C. 19 1 Labor, and Pensions of the Senate on a COVID–19 stra- 2 tegic testing plan: Provided further, That such plan shall 3 assist States, localities, territories, tribes, tribal organiza- 4 tions, and urban Indian health organizations, in under- 5 standing COVID-19 testing for both active infection and 6 prior exposure, including hospital-based testing, high-com- 7 plexity laboratory testing, point-of-care testing, mobile- 8 testing units, testing for employers and other settings, and 9 other tests as necessary: Provided further, That such plan 10 shall include estimates of testing production that account 11 for new and emerging technologies, as well as guidelines 12 for testing: Provided further, That such plan shall address 13 how the Secretary will increase domestic testing capacity, 14 including testing supplies; and address disparities in all 15 communities: Provided further, That such plan shall out- 16 line Federal resources that are available to support the 17 testing plans of each State, locality, territory, tribe, tribal 18 organization, and urban Indian health organization: Pro- 19 vided further, That such plan shall be updated every 90 20 days until funds are expended: Provided further, That such 21 amount is designated by the Congress as being for an 22 emergency requirement pursuant to section 23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 24 Deficit Control Act of 1985.
BAI20329 S.L.C. 20 1 GENERAL PROVISIONS—THIS TITLE 2 (INCLUDING TRANSFER OF FUNDS) 3 SEC. 101. The requirements, authorities, and condi- 4 tions described in sections 18108, 18109, and 18112 of 5 division B of the Coronavirus Aid, Relief, and Economic 6 Security Act (Public Law 116–136) shall apply to funds 7 appropriated in this Act to the Department of Health and 8 Human Services. 9 SEC. 102. Funds appropriated by this Act under the 10 heading ‘‘Department of Health and Human Services’’, 11 except for the amounts specified in the first paragraph 12 and the first and second provisos in the second paragraph 13 under the heading ‘‘Public Health and Social Services 14 Emergency Fund’’, may be transferred to, and merged 15 with, other appropriation accounts under the headings 16 ‘‘Centers for Disease Control and Prevention’’, ‘‘Public 17 Health and Social Services Emergency Fund’’, ‘‘Food and 18 Drug Administration’’, and ‘‘National Institutes of 19 Health’’ to prevent, prepare for, and respond to 20 coronavirus following consultation with the Office of Man- 21 agement and Budget: Provided, That the Committees on 22 Appropriations of the House of Representatives and the 23 Senate shall be notified 10 days in advance of any such 24 transfer: Provided further, That, upon a determination 25 that all or part of the funds transferred from an appro-
BAI20329 S.L.C. 21 1 priation by this Act are not necessary, such amounts may 2 be transferred back to that appropriation: Provided fur- 3 ther, That none of the funds made available by this Act 4 may be transferred pursuant to the authority in section 5 205 of division A of Public Law 116–94 or section 241(a) 6 of the Public Health Service Act. 7 SEC. 103. Of the funds appropriated by this Act 8 under the heading ‘‘Public Health and Social Services 9 Emergency Fund’’, up to $6,000,000 shall be transferred 10 to, and merged with, funds made available under the head- 11 ing ‘‘Office of the Secretary, Office of Inspector General’’, 12 and shall remain available until expended, for oversight 13 of activities supported with funds appropriated to the De- 14 partment of Health and Human Services to prevent, pre- 15 pare for, and respond to coronavirus, domestically or 16 internationally: Provided, That the Inspector General of 17 the Department of Health and Human Services shall con- 18 sult with the Committees on Appropriations of the House 19 of Representatives and the Senate prior to obligating such 20 funds: Provided further, That the transfer authority pro- 21 vided by this section is in addition to any other transfer 22 authority provided by law.
BAI20329 S.L.C. 22 1 TITLE II 2 INDEPENDENT AGENCIES 3 SMALL BUSINESS ADMINISTRATION 4 SALARIES AND EXPENSES 5 For an additional amount for ‘‘Salaries and Ex- 6 penses’’, $2,100,000,000, to remain available until Sep- 7 tember 30, 2021, to prevent, prepare for, and respond to 8 coronavirus, domestically or internationally: Provided, 9 That such amount is designated by the Congress as being 10 for an emergency requirement pursuant to section 11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 12 Deficit Control Act of 1985. 13 DISASTER LOANS PROGRAM ACCOUNT 14 For an additional amount for ‘‘Disaster Loans Pro- 15 gram Account’’ for the cost of direct loans authorized by 16 section 7(b) of the Small Business Act, $50,000,000,000, 17 to remain available until expended, to prevent, prepare for, 18 and respond to coronavirus, domestically or internation- 19 ally: Provided, That such amount is designated by the 20 Congress as being for an emergency requirement pursuant 21 to section 251(b)(2)(A)(i) of the Balanced Budget and 22 Emergency Deficit Control Act of 1985. 23 EMERGENCY EIDL GRANTS 24 For an additional amount for ‘‘Emergency EIDL 25 Grants’’ for the cost of emergency EIDL grants author-
BAI20329 S.L.C. 23 1 ized by section 1110 of division A of the CARES Act 2 (Public Law 116–136), $10,000,000,000, to remain avail- 3 able until expended, to prevent, prepare for, and respond 4 to coronavirus, domestically or internationally: Provided, 5 That such amount is designated by the Congress as being 6 for an emergency requirement pursuant to section 7 251(b)(2)(A)(i) of the Balanced Budget and Emergency 8 Deficit Control Act of 1985. 9 TITLE III 10 GENERAL PROVISIONS—THIS ACT 11 SEC. 301. Each amount appropriated or made avail- 12 able by this Act is in addition to amounts otherwise appro- 13 priated for the fiscal year involved. 14 SEC. 302. No part of any appropriation contained in 15 this Act shall remain available for obligation beyond the 16 current fiscal year unless expressly so provided herein. 17 SEC. 303. Unless otherwise provided for by this Act, 18 the additional amounts appropriated by this Act to appro- 19 priations accounts shall be available under the authorities 20 and conditions applicable to such appropriations accounts 21 for fiscal year 2020. 22 SEC. 304. Notwithstanding any other provision of 23 law, funds made available in this Act, or transferred pur- 24 suant to authorization granted in this Act, may only be 25 used to prevent, prepare for, and respond to coronavirus.
BAI20329 S.L.C. 24 1 SEC. 305. In this Act, the term ‘‘coronavirus’’ means 2 SARS–CoV–2 or another coronavirus with pandemic po- 3 tential. 4 SEC. 306. Each amount designated in this Act by the 5 Congress as being for an emergency requirement pursuant 6 to section 251(b)(2)(A)(i) of the Balanced Budget and 7 Emergency Deficit Control Act of 1985 shall be available 8 (or rescinded or transferred, if applicable) only if the 9 President subsequently so designates all such amounts 10 and transmits such designations to the Congress. 11 SEC. 307. Any amount appropriated by this Act, des- 12 ignated by the Congress as an emergency requirement 13 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg- 14 et and Emergency Deficit Control Act of 1985 and subse- 15 quently so designated by the President, and transferred 16 pursuant to transfer authorities provided by this Act shall 17 retain such designation. 18 BUDGETARY EFFECTS 19 SEC. 308. (a) STATUTORY PAYGO SCORECARDS.— 20 The budgetary effects of this division shall not be entered 21 on either PAYGO scorecard maintained pursuant to sec- 22 tion 4(d) of the Statutory Pay As-You-Go Act of 2010. 23 (b) SENATE PAYGO SCORECARDS.—The budgetary 24 effects of this division shall not be entered on any PAYGO
BAI20329 S.L.C. 25 1 scorecard maintained for purposes of section 4106 of H. 2 Con. Res. 71 (115th Congress). 3 (c) CLASSIFICATION OF BUDGETARY EFFECTS.— 4 Notwithstanding Rule 3 of the Budget Scorekeeping 5 Guidelines set forth in the joint explanatory statement of 6 the committee of conference accompanying Conference Re- 7 port 105–217 and section 250(c)(7) and (c)(8) of the Bal- 8 anced Budget and Emergency Deficit Control Act of 1985, 9 the budgetary effects of this division shall be estimated 10 for purposes of section 251 of such Act. 11 This division may be cited as the ‘‘Additional Emer- 12 gency Appropriations for Coronavirus Response’’.