134 Stat. 620 (Pub. L. 116-139, Paycheck Protection Program and Health Care Enhancement Act)
Summary
Public Law 116–139, the Paycheck Protection Program and Health Care Enhancement Act, an Act of the 116th Congress approved April 24, 2020 (H.R. 266) and printed beginning at 134 STAT. 620. Division A amends the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136), replacing $349,000,000,000 with $659,000,000,000 in section 1102(b)(1) and $10,000,000,000 with $20,000,000,000 for emergency EIDL grants in section 1110(e)(7). It makes an agricultural enterprise with not more than 500 employees eligible for economic injury disaster loans and emergency grants and sets aside loan guarantees of not less than $30,000,000,000 for loans by insured depository institutions and credit unions. Division B appropriates $75,000,000,000 to the Public Health and Social Services Emergency Fund for eligible health care providers and $25,000,000,000 for COVID–19 tests.
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“134 Stat. 620 (Pub. L. 116-139, Paycheck Protection Program and Health Care Enhancement Act).”
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134 STAT. 620 PUBLIC LAW 116–139—APR. 24, 2020
Public Law 116–139
116th Congress
An Act
Apr. 24, 2020 Making appropriations for the Department of the Interior, environment, and related
[H.R. 266] agencies for the fiscal year ending September 30, 2019, and for other purposes.
Be it enacted by the Senate and House of Representatives of
Paycheck the United States of America in Congress assembled,
Protection
Program and SECTION 1. SHORT TITLE.
Health Care
Enhancement This Act may be cited as the ‘‘Paycheck Protection Program
Act. and Health Care Enhancement Act’’.
15 USC 9001 SEC. 2. TABLE OF CONTENTS.
note.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A—SMALL BUSINESS PROGRAMS
Sec. 101. Amendments to the Paycheck Protection Program, economic injury dis-
aster loans, and emergency grants.
Sec. 102. Emergency designation.
DIVISION B—ADDITIONAL EMERGENCY APPROPRIATIONS FOR
CORONAVIRUS RESPONSE
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ‘‘this
Act’’ contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A—SMALL BUSINESS
PROGRAMS
SEC. 101. AMENDMENTS TO THE PAYCHECK PROTECTION PROGRAM,
ECONOMIC INJURY DISASTER LOANS, AND EMERGENCY
GRANTS.
(a) INCREASED AUTHORITY FOR COMMITMENTS AND APPROPRIA-
TIONS FOR PAYCHECK PROTECTION PROGRAM.—Title I of division
A of the Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116–136) is amended—
Ante, p. 293. (1) in section 1102(b)(1), by striking ‘‘$349,000,000,000’’
and inserting ‘‘$659,000,000,000’’; and
Ante, p. 301. (2) in section 1107(a)(1), by striking ‘‘$349,000,000,000’’
and inserting ‘‘$670,335,000,000’’.
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(b) INCREASED AUTHORIZATION FOR EMERGENCY EIDL
GRANTS.—Section 1110(e)(7) of division A of the Coronavirus Aid,
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PUBLIC LAW 116–139—APR. 24, 2020 134 STAT. 621
Relief, and Economic Security Act (Public Law 116–136) is amended Ante, p. 308.
by striking ‘‘$10,000,000,000’’ and inserting ‘‘$20,000,000,000’’.
(c) ELIGIBILITY OF AGRICULTURAL ENTERPRISES FOR ECONOMIC
INJURY DISASTER LOANS AND EMERGENCY GRANTS.—Section
1110(a)(2) of division A of the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116–136) is amended— Ante, p. 306.
(1) in subparagraph (D), by striking ‘‘or’’ at the end;
(2) in subparagraph (E), by striking the period at the
end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(F) an agricultural enterprise (as defined in section
18(b) of the Small Business Act (15 U.S.C. 647(b)) with
not more than 500 employees.’’.
(d) SET ASIDE FOR INSURED DEPOSITORY INSTITUTIONS, CREDIT
UNIONS, AND COMMUNITY FINANCIAL INSTITUTIONS.—Section
7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is
amended—
(1) in subparagraph (A)—
(A) in clause (viii), by striking ‘‘and’’ at the end;
(B) in clause (ix), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following: Definitions.
‘‘(x) the term ‘community development financial
institution’ has the meaning given the term in section
103 of the Riegle Community Development and Regu-
latory Improvement Act of 1994 (12 U.S.C. 4702));
‘‘(xi) the term ‘community financial institutions’
means—
‘‘(I) a community development financial
institution;
‘‘(II) a minority depository institution, as
defined in section 308 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 1463 note);
‘‘(III) a development company that is certified
under title V of the Small Business Investment
Act of 1958 (15 U.S.C. 695 et seq.); and
‘‘(IV) an intermediary, as defined in section
7(m)(11); and
‘‘(xii) the term ‘credit union’ means a State credit
union or a Federal credit union, as those terms are
defined, respectively, in section 101 of the Federal
Credit Union Act (12 U.S.C. 1752).’’; and
(2) by adding at the end the following:
‘‘(S) SET-ASIDE FOR INSURED DEPOSITORY INSTITUTIONS,
CREDIT UNIONS, AND COMMUNITY FINANCIAL INSTITUTIONS.—
‘‘(i) INSURED DEPOSITORY INSTITUTIONS AND CREDIT
UNIONS.—In making loan guarantees under this para-
graph after the date of enactment of this clause, the
Administrator shall guarantee not less than
$30,000,000,000 in loans made by—
‘‘(I) insured depository institutions with
consolidated assets of not less than
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$10,000,000,000 and less than $50,000,000,000;
and
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134 STAT. 622 PUBLIC LAW 116–139—APR. 24, 2020
‘‘(II) credit unions with consolidated assets of
not less than $10,000,000,000 and less than
$50,000,000,000.
‘‘(ii) COMMUNITY FINANCIAL INSTITUTIONS, SMALL
INSURED DEPOSITORY INSTITUTIONS, AND CREDIT
UNIONS.—In making loan guarantees under this para-
graph after the date of enactment of this clause, the
Administrator shall guarantee not less than
$30,000,000,000 in loans made by—
‘‘(I) community financial institutions;
‘‘(II) insured depository institutions with
consolidated assets of less than $10,000,000,000;
and
‘‘(III) credit unions with consolidated assets
of less than $10,000,000,000.’’.
SEC. 102. EMERGENCY DESIGNATION.
(a) IN GENERAL.—The amounts provided under this division
are designated as an emergency requirement pursuant to section
4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
(b) DESIGNATION IN SENATE.—In the Senate, this division is
designated as an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolu-
tion on the budget for fiscal year 2018.
Additional DIVISION B—ADDITIONAL EMERGENCY
Emergency APPROPRIATIONS FOR CORONAVIRUS RESPONSE
Appropriations
for Coronavirus The following sums are hereby appropriated, out of any money
Response.
in the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2020, 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’’, $75,000,000,000, to remain available until
expended, to prevent, prepare for, and respond to coronavirus,
domestically or internationally, for necessary expenses to reimburse,
through grants or other mechanisms, eligible health care providers
for health care related expenses or lost revenues that are attrib-
utable 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:
Reports. Provided further, That recipients of payments under this paragraph
Records. in this Act shall submit reports and maintain documentation as
Determination. the Secretary of Health and Human Services (referred to in this
paragraph as the ‘‘Secretary’’) determines are needed to ensure
compliance with conditions that are imposed by this paragraph
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in this Act for such payments, and such reports and documentation
shall be in such form, with such content, and in such time as
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PUBLIC LAW 116–139—APR. 24, 2020 134 STAT. 623
the Secretary may prescribe for such purpose: Provided further,
That ‘‘eligible health care providers’’ means public entities, Medicare Definition.
or Medicaid enrolled suppliers 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 applica- Review.
tions and make payments under this paragraph in this Act: Pro-
vided 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, Definition.
in this paragraph, the term ‘‘payment’’ means a pre-payment,
prospective payment, or retrospective payment, as determined
appropriate by the Secretary: Provided further, That payments
under this paragraph in this Act shall be made in consideration
of the most efficient payment systems practicable to provide emer-
gency 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 state-
ment 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 Reports.
payments are made under this paragraph in this Act, 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 Audits.
in this paragraph 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 Reports.
after the date of enactment of this Act, the Secretary 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 reports Updates.
shall be updated and submitted to such Committees every 60 days Time period.
until funds are expended: Provided further, That such amount
is designated by the Congress as being for an emergency require-
ment 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’’, $25,000,000,000, to remain available until
expended, to prevent, prepare for, and respond to coronavirus,
domestically or internationally, for necessary expenses to research,
develop, validate, manufacture, purchase, administer, and expand
capacity for COVID–19 tests to effectively monitor and suppress
COVID–19, including tests for both active infection and prior expo-
sure, including molecular, antigen, and serological tests, the manu-
facturing, procurement and distribution of tests, testing equipment
and testing supplies, including personal protective equipment
needed for administering tests, the development and validation
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of rapid, molecular point-of-care tests, and other tests, support
for workforce, epidemiology, to scale up academic, commercial,
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134 STAT. 624 PUBLIC LAW 116–139—APR. 24, 2020
public health, and hospital laboratories, to conduct surveillance
and contact tracing, support development of COVID–19 testing
plans, and other related activities related to COVID–19 testing:
Provided, That of the amount appropriated under this paragraph
in this Act, not less than $11,000,000,000 shall be for States,
localities, territories, tribes, tribal organizations, urban Indian
health organizations, or health service providers to tribes for nec-
essary expenses to develop, purchase, administer, process, and ana-
lyze COVID–19 tests, including support for workforce, epidemiology,
use by employers or in other settings, scale up of testing by public
health, academic, commercial, and hospital laboratories, and
community-based testing sites, health care facilities, and other enti-
ties engaged in COVID–19 testing, conduct surveillance, trace con-
tacts, and other related activities related to COVID–19 testing:
Provided further, That of the amount identified in the preceding
proviso, not less than $2,000,000,000 shall be allocated to States,
localities, and territories according to the formula that applied
to the Public Health Emergency Preparedness cooperative agree-
ment in fiscal year 2019, not less than $4,250,000,000 shall be
allocated to States, localities, and territories according to a formula
methodology that is based on relative number of cases of COVID–
19, and not less than $750,000,000 shall be allocated in coordination
with the Director of the Indian Health Service, to tribes, tribal
organizations, urban Indian health organizations, or health service
providers to tribes: Provided further, That the Secretary of Health
and Human Services (referred to in this paragraph as the ‘‘Sec-
retary’’) may satisfy the funding thresholds outlined in the first
and second provisos under this paragraph in this Act by making
awards through other grant or cooperative agreement mechanisms:
Deadline. Provided further, That not later than 30 days after the date of
Testing plan. enactment of this Act, the Governor or designee of each State,
locality, territory, tribe, or tribal organization receiving funds pursu-
ant to this Act shall submit to the Secretary its plan for COVID–
19 testing, including goals for the remainder of calendar year 2020,
to include: (1) the number of tests needed, month-by-month, to
Estimates. include diagnostic, serological, and other tests, as appropriate; (2)
month-by-month estimates of laboratory and testing capacity,
including related to workforce, equipment and supplies, and avail-
able tests; and (3) a description of how the State, locality, territory,
tribe, or tribal organization will use its resources for testing,
including as it relates to easing any COVID–19 community mitiga-
Methodologies. tion policies: Provided further, That the Secretary shall submit
such formula methodology identified in the first proviso under this
paragraph in this Act to the Committees on Appropriations of
the House of Representatives and the Senate one day prior to
Deadline. awarding such funds: Provided further, That such funds identified
in the first and second provisos under this paragraph in this Act
shall be allocated within 30 days of the date of enactment of
this Act: Provided further, That of the amount appropriated under
this paragraph in this Act, not less than $1,000,000,000 shall be
transferred to the ‘‘Centers for Disease Control and Prevention—
CDC-Wide Activities and Program Support’’ for surveillance, epide-
miology, laboratory capacity expansion, contact tracing, public
health data surveillance and analytics infrastructure modernization,
disseminating information about testing, and workforce support
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necessary to expand and improve COVID–19 testing: Provided fur-
ther, That of the amount appropriated under this paragraph in
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PUBLIC LAW 116–139—APR. 24, 2020 134 STAT. 625
this Act, not less than $306,000,000 shall be transferred to the
‘‘National Institutes of Health—National Cancer Institute’’ to
develop, validate, improve, and implement serological testing and
associated technologies for the purposes specified under this para-
graph in this Act: Provided further, That of the amount appropriated
under this paragraph in this Act, not less than $500,000,000 shall
be transferred to the ‘‘National Institutes of Health—National
Institute of Biomedical Imaging and Bioengineering’’ to accelerate
research, development, and implementation of point of care and
other rapid testing related to coronavirus: Provided further, That
of the amount appropriated under this paragraph in this Act, not
less than $1,000,000,000 shall be transferred to the ‘‘National
Institutes of Health—Office of the Director’’ to develop, validate,
improve, and implement testing and associated technologies; to
accelerate research, development, and implementation of point of
care and other rapid testing; and for partnerships with govern-
mental and non-governmental entities to research, develop, and
implement the activities outlined in this proviso: Provided further,
That funds in the preceding proviso may be transferred to the
accounts of the Institutes and Centers of the National Institutes
of Health (referred to in this paragraph as the ‘‘NIH’’) for the
purposes specified in the preceding proviso: Provided further, That
the transfer authority provided in the preceding proviso is in addi-
tion to all other transfer authority available to the NIH: Provided
further, That of the amount appropriated under this paragraph
in this Act, not less than $1,000,000,000 shall be available to
the Biomedical Advanced Research and Development Authority for
necessary expenses of advanced research, development, manufac-
turing, production, and purchase of diagnostic, serologic, or other
COVID–19 tests or related supplies, and other activities related
to COVID–19 testing at the discretion of the Secretary: Provided
further, That of the amount appropriated under this paragraph
in this Act, $22,000,000, shall be transferred to the ‘‘Department
of Health and Human Services—Food and Drug Administration—
Salaries and Expenses’’ to support activities associated with diag-
nostic, serological, antigen, and other tests, and related administra-
tive activities: Provided further, That the amount appropriated
under this paragraph in this Act may be used for grants for the
rent, lease, purchase, acquisition, construction, alteration, renova-
tion, or equipping of non-federally owned facilities to improve
preparedness and response capability at the State and local level
for diagnostic, serologic, or other COVID–19 tests, or related sup-
plies: Provided further, That the amount appropriated under this Determination.
paragraph in this Act may be used for construction, alteration, Contracts.
renovation, or equipping of non-federally owned facilities for the
production of diagnostic, serologic, or other COVID–19 tests, or
related supplies, where the Secretary determines that such a con-
tract is necessary to secure, or for the production of, sufficient
amounts of such tests or related supplies: Provided further, That
funds appropriated under this paragraph in this Act may be used
for purchase of medical supplies and equipment, including personal
protective equipment and testing supplies to be used for admin-
istering tests, increased workforce and trainings, emergency oper-
ation centers, and surge capacity for diagnostic, serologic, or other
COVID–19 tests, or related supplies: Provided further, That prod-
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ucts purchased with funds appropriated under this paragraph in
this Act may, at the discretion of the Secretary, be deposited in
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134 STAT. 626 PUBLIC LAW 116–139—APR. 24, 2020
the Strategic National Stockpile under section 319F–2 of the Public
Health Service Act: Provided further, That of the amount appro-
priated under this paragraph in this Act, $600,000,000 shall be
transferred to ‘‘Health Resources and Services Administration—
Primary Health Care’’ for grants under the Health Centers program,
as defined by section 330 of the Public Health Service Act, and
for grants to federally qualified health centers, as defined in section
1861(aa)(4)(B) of the Social Security Act: Provided further, That
sections 330(e)(6)(A)(iii), 330(e)(6)(B)(iii), and 330(r)(2)(B) of the
Public Health Service Act shall not apply to funds provided under
the previous proviso: Provided further, That of the amount appro-
priated under this paragraph in this Act, $225,000,000 shall be
used to provide additional funding for COVID–19 testing and
related expenses, through grants or other mechanisms, to rural
health clinics as defined in section 1861(aa)(2) of the Social Security
Act, with such funds also available to such entities for building
or construction of temporary structures, leasing of properties, and
retrofitting facilities as necessary to support COVID–19 testing:
Contracts. Provided further, That such funds shall be distributed using the
Requirements. 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 estab-
lished for such program; and shall be subject to the process require-
ments applicable to such program: Provided further, That the Sec-
retary may specify a minimum amount for each eligible entity
accepting assistance under the two previous provisos: Provided
further, That up to $1,000,000,000 of funds provided under this
paragraph in this Act may be used to cover the cost of testing
for the uninsured, using the definitions applicable to funds provided
Coordination. under this heading in Public Law 116–127: Provided further, That
Reports. not later than 21 days after the date of enactment of this Act,
the Secretary, in coordination with other appropriate departments
and agencies, shall issue a report on COVID–19 testing: Provided
Data. further, That such report shall include data on demographic
characteristics, including, in a de-identified and disaggregated
manner, race, ethnicity, age, sex, geographic region and other rel-
evant factors of individuals tested for or diagnosed with COVID–
19, to the extent such information is available: Provided further,
Data. That such report shall include information on the number and
rates of cases, hospitalizations, and deaths as a result of COVID–
Updates. 19: Provided further, That such report shall be submitted to the
Time period. Committees on Appropriations of the House and Senate, and the
Committee on Energy and Commerce of the House of Representa-
tives and the Committee on Health, Education, Labor, and Pensions
of the Senate, and updated and resubmitted to such Committees,
as necessary, every 30 days until the end of the COVID–19 public
health emergency first declared by the Secretary on January 31,
Reports. 2020: Provided further, That not later than 180 days after the
Data. date of enactment of this Act, the Secretary shall issue a report
on the number of positive diagnoses, hospitalizations, and deaths
as a result of COVID–19, disaggregated nationally by race, eth-
nicity, age, sex, geographic region, and other relevant factors: Pro-
Analysis. vided further, That such report shall include epidemiological anal-
Coordination. ysis of such data: Provided further, That not later than 30 days
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Reports. after the date of the enactment of this Act, the Secretary, in
Testing plan. coordination with other departments and agencies, as appropriate,
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PUBLIC LAW 116–139—APR. 24, 2020 134 STAT. 627
shall report to the Committees on Appropriations of the House
and Senate, the Committee on Energy and Commerce of the House
of Representatives, and the Committee on Health, Education, Labor,
and Pensions of the Senate on a COVID–19 strategic testing plan:
Provided further, That such plan shall assist States, localities,
territories, tribes, tribal organizations, and urban Indian health
organizations, in understanding COVID–19 testing for both active
infection and prior exposure, including hospital-based testing, high-
complexity laboratory testing, point-of-care testing, mobile-testing
units, testing for employers and other settings, and other tests
as necessary: Provided further, That such plan shall include esti- Testing estimates
mates of testing production that account for new and emerging and guidelines.
technologies, as well as guidelines for testing: Provided further,
That such plan shall address how the Secretary will increase
domestic testing capacity, including testing supplies; and address
disparities in all communities: Provided further, That such plan
shall outline Federal resources that are available to support the
testing plans of each State, locality, territory, tribe, tribal organiza-
tion, and urban Indian health organization: Provided further, That Updates.
such plan shall be updated every 90 days until funds are expended: Time period.
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 Con-
trol Act of 1985.
GENERAL PROVISIONS—THIS TITLE
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. The requirements, authorities, and conditions Applicability.
described in sections 18108, 18109, and 18112 of division B of
the Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116–136) shall apply to funds appropriated in this Act to
the Department of Health and Human Services.
SEC. 102. Funds appropriated by this Act under the heading Consultation.
‘‘Department of Health and Human Services’’, except for the
amounts specified in the first paragraph and the first and second
provisos in the second paragraph under the heading ‘‘Public Health
and Social Services Emergency Fund’’, may be transferred to, and
merged with, other appropriation accounts under the headings ‘‘Cen-
ters for Disease Control and Prevention’’, ‘‘Public Health and Social
Services Emergency Fund’’, ‘‘Food and Drug Administration’’, and
‘‘National Institutes of Health’’ to prevent, prepare for, and respond
to coronavirus following consultation with the Office of Management
and Budget: Provided, That the Committees on Appropriations of Notification.
the House of Representatives and the Senate shall be notified Time period.
10 days in advance of any such transfer: Provided further, That, Determination.
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 trans-
ferred pursuant to the authority in section 205 of division A of
Public Law 116–94 or section 241(a) of the Public Health Service
Act.
SEC. 103. Of the funds appropriated by this Act under the
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heading ‘‘Public Health and Social Services Emergency Fund’’, up
to $6,000,000 shall be transferred to, and merged with, funds made
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134 STAT. 628 PUBLIC LAW 116–139—APR. 24, 2020
available under the heading ‘‘Office of the Secretary, Office of
Inspector General’’, and shall remain available until expended, for
oversight of activities supported with funds appropriated to the
Department of Health and Human Services to prevent, prepare
for, and respond to coronavirus, domestically or internationally:
Consultation. Provided, That the Inspector General of the Department of Health
and Human Services shall consult with the Committees on Appro-
priations 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.
TITLE II
INDEPENDENT AGENCIES
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For an additional amount for ‘‘Salaries and Expenses’’,
$2,100,000,000, to remain available until September 30, 2021, to
prevent, prepare for, and respond to coronavirus, domestically or
internationally: Provided, 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 Con-
trol Act of 1985.
DISASTER LOANS PROGRAM ACCOUNT
For an additional amount for ‘‘Disaster Loans Program Account’’
for the cost of direct loans authorized by section 7(b) of the Small
Business Act, $50,000,000,000, to remain available until expended,
to prevent, prepare for, and respond to coronavirus, domestically
or internationally: Provided, 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.
EMERGENCY EIDL GRANTS
For an additional amount for ‘‘Emergency EIDL Grants’’ for
the cost of emergency EIDL grants authorized by section 1110
of division A of the CARES Act (Public Law 116–136),
$10,000,000,000, to remain available until expended, to prevent,
prepare for, and respond to coronavirus, domestically or internation-
ally: Provided, 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 Con-
trol Act of 1985.
TITLE III
GENERAL PROVISIONS—THIS ACT
SEC. 301. Each amount appropriated or made available by
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this Act is in addition to amounts otherwise appropriated for the
fiscal year involved.
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PUBLIC LAW 116–139—APR. 24, 2020 134 STAT. 629
SEC. 302. 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. 303. Unless otherwise provided for by this Act, the addi-
tional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable
to such appropriations accounts for fiscal year 2020.
SEC. 304. Notwithstanding any other provision of law, funds
made available in this Act, or transferred pursuant to authorization
granted in this Act, may only be used to prevent, prepare for,
and respond to coronavirus.
SEC. 305. In this Act, the term ‘‘coronavirus’’ means SARS– Definition.
CoV–2 or another coronavirus with pandemic potential.
SEC. 306. Each amount designated in this Act by the Congress President.
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985 shall be available (or rescinded or transferred,
if applicable) only if the President subsequently so designates all
such amounts and transmits such designations to the Congress.
SEC. 307. Any amount appropriated by this Act, designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985 and subsequently so designated by the President,
and transferred pursuant to transfer authorities provided by this
Act shall retain such designation.
BUDGETARY EFFECTS
SEC. 308. (a) STATUTORY PAYGO SCORECARDS.—The budgetary
effects of this division shall not be entered on either PAYGO score-
card maintained pursuant to section 4(d) of the Statutory Pay
As-You-Go Act of 2010.
(b) SENATE PAYGO SCORECARDS.—The budgetary effects of this
division shall not be entered on any PAYGO scorecard maintained
for purposes of section 4106 of H. Con. Res. 71 (115th Congress).
(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference accom-
panying Conference Report 105–217 and section 250(c)(7) and (c)(8)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
the budgetary effects of this division shall be estimated for purposes
of section 251 of such Act.
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134 STAT. 630 PUBLIC LAW 116–139—APR. 24, 2020
This division may be cited as the ‘‘Additional Emergency Appro-
priations for Coronavirus Response’’.
Approved April 24, 2020.
LEGISLATIVE HISTORY—H.R. 266:
CONGRESSIONAL RECORD:
Vol. 165 (2019): Jan. 11, considered and passed House.
Vol. 166 (2020): Apr. 21, considered and passed Senate, amended.
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Apr. 23, House concurred in Senate amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
Apr. 24, Presidential remarks.
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