PUBL139.PS

PUBLIC LAW 116–139—APR. 24, 2020

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

Making appropriations for the Department of the Interior, environment, and related

agencies for the fiscal year ending September 30, 2019, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Paycheck Protection Program

and Health Care Enhancement Act’’.

SEC. 2. TABLE OF CONTENTS.

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) I

NCREASED

UTHORITY FOR

OMMITMENTS AND

PPROPRIA

TIONS FOR

AYCHECK

ROTECTION

ROGRAM

.—Title I of division

A of the Coronavirus Aid, Relief, and Economic Security Act (Public

Law 116–136) is amended—

(1) in section 1102(b)(1), by striking ‘‘$349,000,000,000’’

and inserting ‘‘$659,000,000,000’’; and

(2) in section 1107(a)(1), by striking ‘‘$349,000,000,000’’

and inserting ‘‘$670,335,000,000’’.

(b) I

NCREASED

UTHORIZATION FOR

MERGENCY

EIDL

RANTS

.—Section 1110(e)(7) of division A of the Coronavirus Aid,

Ante, p. 301.

Ante, p. 293.

Paycheck

Protection

Program and

Health Care

Enhancement

Act.

15 USC 9001

note.

Apr. 24, 2020

[H.R. 266]

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134 STAT. 621 PUBLIC LAW 116–139—APR. 24, 2020

Relief, and Economic Security Act (Public Law 116–136) is amended

by striking ‘‘$10,000,000,000’’ and inserting ‘‘$20,000,000,000’’.

LIGIBILITY OF

GRICULTURAL

NTERPRISES FOR

CONOMIC

NJURY

ISASTER

OANS AND

MERGENCY

RANTS

.—Section

1110(a)(2) of division A of the Coronavirus Aid, Relief, and Economic

Security Act (Public Law 116–136) is amended—

(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) S

SIDE FOR

NSURED

EPOSITORY

NSTITUTIONS

, C

REDIT

NIONS

AND

OMMUNITY

INANCIAL

NSTITUTIONS

.—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

‘‘(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) S

ASIDE FOR INSURED DEPOSITORY INSTITUTIONS

CREDIT UNIONS

AND COMMUNITY FINANCIAL INSTITUTIONS

.—

‘‘(i) I

NSURED 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

$10,000,000,000 and less than $50,000,000,000;

and

Definitions.

Ante, p. 306.

Ante, p. 308.

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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) C

OMMUNITY 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) I

ENERAL

.—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) D

ESIGNATION IN

ENATE

.—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.

DIVISION B—ADDITIONAL EMERGENCY

APPROPRIATIONS FOR CORONAVIRUS RESPONSE

The following sums are hereby appropriated, out of any money

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

FFICE OF THE

ECRETARY

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:

Provided further, That recipients of payments under this paragraph

in this Act shall submit reports and maintain documentation as

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

in this Act for such payments, and such reports and documentation

shall be in such form, with such content, and in such time as

Reports.

Records.

Determination.

Additional

Emergency

Appropriations

for Coronavirus

Response.

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134 STAT. 623 PUBLIC LAW 116–139—APR. 24, 2020

the Secretary may prescribe for such purpose: Provided further,

That ‘‘eligible health care providers’’ means public entities, Medicare

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-

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,

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

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

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

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

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 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

of rapid, molecular point-of-care tests, and other tests, support

for workforce, epidemiology, to scale up academic, commercial,

Updates.

Time period.

Reports.

Audits.

Reports.

Definition.

Review.

Definition.

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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:

Provided further, That not later than 30 days after the date of

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

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-

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

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

necessary to expand and improve COVID–19 testing: Provided fur-

ther, That of the amount appropriated under this paragraph in

Deadline.

Methodologies.

Estimates.

Deadline.

Testing plan.

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134 STAT. 625 PUBLIC LAW 116–139—APR. 24, 2020

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

paragraph in this Act may be used for construction, alteration,

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-

ucts purchased with funds appropriated under this paragraph in

this Act may, at the discretion of the Secretary, be deposited in

Determination.

Contracts.

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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:

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 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

under this heading in Public Law 116–127: Provided further, That

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

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,

That such report shall include information on the number and

rates of cases, hospitalizations, and deaths as a result of COVID–

19: Provided further, That such report shall be submitted to the

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,

2020: Provided further, That not later than 180 days after the

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-

vided further, That such report shall include epidemiological anal-

ysis of such data: Provided further, That not later than 30 days

after the date of the enactment of this Act, the Secretary, in

coordination with other departments and agencies, as appropriate,

Coordination.

Reports.

Testing plan.

Analysis.

Reports.

Data.

Updates.

Time period.

Data.

Coordination.

Reports.

Contracts.

Requirements.

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134 STAT. 627 PUBLIC LAW 116–139—APR. 24, 2020

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-

mates of testing production that account for new and emerging

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

such plan shall be updated every 90 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 Con-

trol Act of 1985.

GENERAL PROVISIONS—THIS TITLE

(INCLUDING TRANSFER OF FUNDS)

. 101. The requirements, authorities, and conditions

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.

. 102. Funds appropriated by this Act under the heading

‘‘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

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 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.

. 103. Of the funds appropriated by this Act under the

heading ‘‘Public Health and Social Services Emergency Fund’’, up

to $6,000,000 shall be transferred to, and merged with, funds made

Determination.

Notification.

Time period.

Consultation.

Applicability.

Updates.

Time period.

Testing estimates

and guidelines.

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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:

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

MALL

USINESS

DMINISTRATION

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

. 301. Each amount appropriated or made available by

this Act is in addition to amounts otherwise appropriated for the

fiscal year involved.

Consultation.

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134 STAT. 629 PUBLIC LAW 116–139—APR. 24, 2020

. 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.

. 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.

. 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.

. 305. In this Act, the term ‘‘coronavirus’’ means SARS–

CoV–2 or another coronavirus with pandemic potential.

. 306. Each amount designated in this Act 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 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.

. 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

. 308. (a) S

TATUTORY

PAYGO S

CORECARDS

.—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) S

ENATE

PAYGO S

CORECARDS

.—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).

LASSIFICATION OF

UDGETARY

FFECTS

.—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.

President.

Definition.

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134 STAT. 630 PUBLIC LAW 116–139—APR. 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.

Apr. 23, House concurred in Senate amendment.

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):

Apr. 24, Presidential remarks.

This division may be cited as the ‘‘Additional Emergency Appro-

priations for Coronavirus Response’’.

Approved April 24, 2020.

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