BAI20328 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 4 SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Paycheck Protection 5 Program and Health Care Enhancement Act’’. 6 7 SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. BAI20328 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 divi5 sion. 7 DIVISION A—SMALL BUSINESS PROGRAMS 8 SEC. 101. AMENDMENTS TO THE PAYCHECK PROTECTION 6 9 PROGRAM, 10 11 INJURY DISASTER LOANS, AND EMERGENCY GRANTS. (a) INCREASED AUTHORITY 12 APPROPRIATIONS 13 ECONOMIC GRAM.—Title FOR FOR COMMITMENTS AND PAYCHECK PROTECTION PRO- 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), 17 ‘‘$349,000,000,000’’ 18 ‘‘$659,000,000,000’’; and 19 (2) in section 20 ‘‘$349,000,000,000’’ 21 ‘‘$670,335,000,000’’. by and 1107(a)(1), and striking inserting by striking inserting BAI20328 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 (Pub4 lic Law 116–136) is amended by striking 5 ‘‘$10,000,000,000’’ and inserting ‘‘$20,000,000,000’’. 6 (c) ELIGIBILITY 7 FOR 8 GENCY OF AGRICULTURAL ENTERPRISES ECONOMIC INJURY DISASTER LOANS AND EMER- GRANTS.—Section 1110(a)(2) of division A of the 9 Coronavirus Aid, Relief, and Economic Security Act (Pub10 lic Law 116–136) is amended— 11 12 (1) in subparagraph (D), by striking ‘‘or’’ at the end; 13 14 (2) in subparagraph (E), by striking the period 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 21 TIONS, 22 STITUTIONS.—Section CREDIT UNIONS, AND DEPOSITORY INSTITU- COMMUNITY FINANCIAL IN- 7(a)(36) of the Small Business Act 23 (15 U.S.C. 636(a)(36)) is amended— 24 (1) in subparagraph (A)— BAI20328 S.L.C. 4 1 2 3 4 5 (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: 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 13 14 15 ‘‘(xi) the term ‘community financial institutions’ means— ‘‘(I) a community development financial 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 BAI20328 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 9 (2) by adding at the end the following: ‘‘(S) SET-ASIDE FOR INSURED DEPOSI- 10 TORY 11 COMMUNITY FINANCIAL INSTITUTIONS.— 12 INSTITUTIONS, ‘‘(i) INSURED CREDIT UNIONS, AND DEPOSITORY INSTITU- 13 TIONS AND CREDIT UNIONS.—In 14 loan guarantees under this paragraph, the 15 Administrator shall guarantee not less 16 than $30,000,000,000 in loans made by— 17 ‘‘(I) insured depository institu- 18 tions with consolidated assets of not 19 less than $10,000,000,000 and less 20 than $50,000,000,000; and 21 making ‘‘(II) credit unions with consoli- 22 dated 23 $10,000,000,000 24 $50,000,000,000. assets of not and less than less than BAI20328 S.L.C. 6 1 ‘‘(ii) COMMUNITY FINANCIAL INSTITU- 2 TIONS, SMALL INSURED DEPOSITORY IN- 3 STITUTIONS, 4 making loan guarantees under this para- 5 graph, the Administrator shall guarantee 6 not less than $30,000,000,000 in loans 7 made by— 8 AND CREDIT UNIONS.—In ‘‘(I) community financial institu- 9 tions; 10 ‘‘(II) insured depository institu- 11 tions with consolidated assets of less 12 than $10,000,000,000; and 13 ‘‘(III) credit unions with consoli- 14 dated 15 $10,000,000,000.’’. 16 17 assets of less than SEC. 102. EMERGENCY DESIGNATION. (a) IN GENERAL.—The amounts provided under this 18 division are designated as an emergency requirement pur19 suant to section 4(g) of the Statutory Pay-As-You-Go Act 20 of 2010 (2 U.S.C. 933(g)). 21 (b) DESIGNATION IN SENATE.—In the Senate, this 22 division is designated as an emergency requirement pursu23 ant to section 4112(a) of H. Con. Res. 71 (115th Con24 gress), the concurrent resolution on the budget for fiscal 25 year 2018. BAI20328 S.L.C. 7 1 DIVISION B—ADDITIONAL EMERGENCY 2 APPROPRIATIONS FOR CORONAVIRUS 3 RESPONSE 4 The following sums are hereby appropriated, out of 5 any money in the Treasury not otherwise appropriated, 6 for the fiscal year ending September 30, 2020, and for 7 other purposes, namely: 8 TITLE I 9 DEPARTMENT OF HEALTH AND HUMAN 10 SERVICES 11 OFFICE OF THE SECRETARY 12 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 13 FUND 14 (INCLUDING TRANSFER OF FUNDS) 15 For an additional amount for ‘‘Public Health and So- 16 cial Services Emergency Fund’’, $75,000,000,000, to re17 main available until expended, to prevent, prepare for, and 18 respond to coronavirus, domestically or internationally, for 19 necessary expenses to reimburse, through grants or other 20 mechanisms, eligible health care providers for health care 21 related expenses or lost revenues that are attributable to 22 coronavirus: Provided, That these funds may not be used 23 to reimburse expenses or losses that have been reimbursed 24 from other sources or that other sources are obligated to 25 reimburse: Provided further, That recipients of payments BAI20328 S.L.C. 8 1 under this paragraph in this Act shall submit reports and 2 maintain documentation as the Secretary of Health and 3 Human Services (referred to in this paragraph as the 4 ‘‘Secretary’’) determines are needed to ensure compliance 5 with conditions that are imposed by this paragraph in this 6 Act for such payments, and such reports and documenta7 tion shall be in such form, with such content, and in such 8 time as the Secretary may prescribe for such purpose: Pro9 vided further, That ‘‘eligible health care providers’’ means 10 public entities, Medicare or Medicaid enrolled suppliers 11 and providers, and such for-profit entities and not-for12 profit entities not otherwise described in this proviso as 13 the Secretary may specify, within the United States (in14 cluding territories), that provide diagnoses, testing, or 15 care for individuals with possible or actual cases of 16 COVID–19: Provided further, That the Secretary shall, on 17 a rolling basis, review applications and make payments 18 under this paragraph in this Act: Provided further, That 19 funds appropriated under this paragraph in this Act shall 20 be available for building or construction of temporary 21 structures, leasing of properties, medical supplies and 22 equipment including personal protective equipment and 23 testing supplies, increased workforce and trainings, emer24 gency operation centers, retrofitting facilities, and surge 25 capacity: Provided further, That, in this paragraph, the BAI20328 S.L.C. 9 1 term ‘‘payment’’ means a pre-payment, prospective pay2 ment, or retrospective payment, as determined appropriate 3 by the Secretary: Provided further, That payments under 4 this paragraph in this Act shall be made in consideration 5 of the most efficient payment systems practicable to pro6 vide emergency payment: Provided further, That to be eli7 gible for a payment under this paragraph in this Act, an 8 eligible health care provider shall submit to the Secretary 9 an application that includes a statement justifying the 10 need of the provider for the payment and the eligible 11 health care provider shall have a valid tax identification 12 number: Provided further, That, not later than 3 years 13 after final payments are made under this paragraph in 14 this Act, the Office of Inspector General of the Depart15 ment of Health and Human Services shall transmit a final 16 report on audit findings with respect to this program to 17 the Committees on Appropriations of the House of Rep18 resentatives and the Senate: Provided further, That noth19 ing in this paragraph limits the authority of the Inspector 20 General or the Comptroller General to conduct audits of 21 interim payments at an earlier date: Provided further, 22 That not later than 60 days after the date of enactment 23 of this Act, the Secretary shall provide a report to the 24 Committees on Appropriations of the House of Represent25 atives and the Senate on obligation of funds, including ob- BAI20328 S.L.C. 10 1 ligations to such eligible health care providers summarized 2 by State of the payment receipt: Provided further, That 3 such reports shall be updated and submitted to such Com4 mittees every 60 days until funds are expended: Provided 5 further, That such amount is designated by the Congress 6 as being for an emergency requirement pursuant to sec7 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer8 gency Deficit Control Act of 1985. 9 For an additional amount for ‘‘Public Health and So- 10 cial Services Emergency Fund’’, $25,000,000,000, to re11 main available until expended, to prevent, prepare for, and 12 respond to coronavirus, domestically or internationally, for 13 necessary expenses to research, develop, validate, manu14 facture, purchase, administer, and expand capacity for 15 COVID–19 tests to effectively monitor and suppress 16 COVID–19, including tests for both active infection and 17 prior exposure, including molecular, antigen, and sero18 logical tests, the manufacturing, procurement and dis19 tribution of tests, testing equipment and testing supplies, 20 including personal protective equipment needed for admin21 istering tests, the development and validation of rapid, 22 molecular point-of-care tests, and other tests, support for 23 workforce, epidemiology, to scale up academic, commer24 cial, public health, and hospital laboratories, to conduct 25 surveillance and contact tracing, support development of BAI20328 S.L.C. 11 1 COVID–19 testing plans, and other related activities re2 lated to COVID–19 testing: Provided, That of the amount 3 appropriated under this paragraph in this Act, not less 4 than $11,000,000,000 shall be for States, localities, terri5 tories, tribes, tribal organizations, urban Indian health or6 ganizations, or health service providers to tribes for nec7 essary expenses to develop, purchase, administer, process, 8 and analyze COVID–19 tests, including support for work9 force, epidemiology, use by employers or in other settings, 10 scale up of testing by public health, academic, commercial, 11 and hospital laboratories, and community-based testing 12 sites, health care facilities, and other entities engaged in 13 COVID-19 testing, conduct surveillance, trace contacts, 14 and other related activities related to COVID–19 testing: 15 Provided further, That of the amount identified in the pre16 ceding proviso, not less than $2,000,000,000 shall be allo17 cated to States, localities, and territories according to the 18 formula that applied to the Public Health Emergency Pre19 paredness cooperative agreement in fiscal year 2019, not 20 less than $4,250,000,000 shall be allocated to States, lo21 calities, and territories according to a formula method22 ology that is based on relative number of cases of COVID– 23 19, and not less than $750,000,000 shall be allocated in 24 coordination with the Director of the Indian Health Serv25 ice, to tribes, tribal organizations, urban Indian health or- BAI20328 S.L.C. 12 1 ganizations, or health service providers to tribes: Provided 2 further, That the Secretary of Health and Human Services 3 (referred to in this paragraph as the ‘‘Secretary’’) may 4 satisfy the funding thresholds outlined in the first and sec5 ond provisos under this paragraph in this Act by making 6 awards through other grant or cooperative agreement 7 mechanisms: Provided further, That not later than 30 days 8 after the date of enactment of this Act, the Governor or 9 designee of each State, locality, territory, tribe, or tribal 10 organization receiving funds pursuant to this Act shall 11 submit to the Secretary its plan for COVID–19 testing, 12 including goals for the remainder of calendar year 2020, 13 to include: (1) the number of tests needed, month-by14 month, to include diagnostic, serological, and other tests, 15 as appropriate; (2) month-by-month estimates of labora16 tory and testing capacity, including related to workforce, 17 equipment and supplies, and available tests; and (3) a de18 scription of how the State, locality, territory, tribe, or trib19 al organization will use its resources for testing, including 20 as it relates to easing any COVID–19 community mitiga21 tion policies: Provided further, That the Secretary shall 22 submit such formula methodology identified in the first 23 proviso under this paragraph in this Act to the Commit24 tees on Appropriations of the House of Representatives 25 and the Senate one day prior to awarding such funds: Pro- BAI20328 S.L.C. 13 1 vided further, That such funds identified in the first and 2 second provisos under this paragraph in this Act shall be 3 allocated within 30 days of the date of enactment of this 4 Act: Provided further, That of the amount appropriated 5 under this paragraph in this Act, not less than 6 $1,000,000,000 shall be transferred to the ‘‘Centers for 7 Disease Control and Prevention—CDC-Wide Activities 8 and Program Support’’ for surveillance, epidemiology, lab9 oratory capacity expansion, contact tracing, public health 10 data surveillance and analytics infrastructure moderniza11 tion, disseminating information about testing, and work12 force support necessary to expand and improve COVID– 13 19 testing: Provided further, That of the amount appro14 priated under this paragraph in this Act, not less than 15 $306,000,000 shall be transferred to the ‘‘National Insti16 tutes of Health—National Cancer Institute’’ to develop, 17 validate, improve, and implement serological testing and 18 associated technologies for the purposes specified under 19 this paragraph in this Act: Provided further, That of the 20 amount appropriated under this paragraph in this Act, not 21 less than $500,000,000 shall be transferred to the ‘‘Na22 tional Institutes of Health—National Institute of Bio23 medical Imaging and Bioengineering’’ to accelerate re24 search, development, and implementation of point of care 25 and other rapid testing related to coronavirus: Provided BAI20328 S.L.C. 14 1 further, That of the amount appropriated under this para2 graph in this Act, not less than $1,000,000,000 shall be 3 transferred to the ‘‘National Institutes of Health—Office 4 of the Director’’ to develop, validate, improve, and imple5 ment testing and associated technologies; to accelerate re6 search, development, and implementation of point of care 7 and other rapid testing; and for partnerships with govern8 mental and non-governmental entities to research, develop, 9 and implement the activities outlined in this proviso: Pro10 vided further, That funds in the preceding proviso may be 11 transferred to the accounts of the Institutes and Centers 12 of the National Institutes of Health (referred to in this 13 paragraph as the ‘‘NIH’’) for the purposes specified in 14 the preceding proviso: Provided further, That the transfer 15 authority provided in the preceding proviso is in addition 16 to all other transfer authority available to the NIH: Pro17 vided further, That of the amount appropriated under this 18 paragraph in this Act, not less than $1,000,000,000 shall 19 be available to the Biomedical Advanced Research and De20 velopment Authority for necessary expenses of advanced 21 research, development, manufacturing, production, and 22 purchase of diagnostic, serologic, or other COVID–19 23 tests or related supplies, and other activities related to 24 COVID–19 testing at the discretion of the Secretary: Pro25 vided further, That of the amount appropriated under this BAI20328 S.L.C. 15 1 paragraph in this Act, $22,000,000, shall be transferred 2 to the ‘‘Department of Health and Human Services— 3 Food and Drug Administration—Salaries and Expenses’’ 4 to support activities associated with diagnostic, sero5 logical, antigen, and other tests, and related administra6 tive activities: Provided further, That the amount appro7 priated under this paragraph in this Act may be used for 8 grants for the rent, lease, purchase, acquisition, construc9 tion, alteration, renovation, or equipping of non-federally 10 owned facilities to improve preparedness and response ca11 pability at the State and local level for diagnostic, sero12 logic, or other COVID–19 tests, or related supplies: Pro13 vided further, That the amount appropriated under this 14 paragraph in this Act may be used for construction, alter15 ation, renovation, or equipping of non-federally owned fa16 cilities for the production of diagnostic, serologic, or other 17 COVID–19 tests, or related supplies, where the Secretary 18 determines that such a contract is necessary to secure, or 19 for the production of, sufficient amounts of such tests or 20 related supplies: Provided further, That funds appro21 priated under this paragraph in this Act may be used for 22 purchase of medical supplies and equipment, including 23 personal protective equipment and testing supplies to be 24 used for administering tests, increased workforce and 25 trainings, emergency operation centers, and surge capacity BAI20328 S.L.C. 16 1 for diagnostic, serologic, or other COVID–19 tests, or re2 lated supplies: Provided further, That products purchased 3 with funds appropriated under this paragraph in this Act 4 may, at the discretion of the Secretary, be deposited in 5 the Strategic National Stockpile under section 319F–2 of 6 the Public Health Service Act: Provided further, That of 7 the amount appropriated under this paragraph in this Act, 8 $600,000,000 shall be transferred to ‘‘Health Resources 9 and Services Administration—Primary Health Care’’ for 10 grants under the Health Centers program, as defined by 11 section 330 of the Public Health Service Act, and for 12 grants to federally qualified health centers, as defined in 13 section 1861(aa)(4)(B) of the Social Security Act: Pro14 vided further, That sections 330(e)(6)(A)(iii), 15 330(e)(6)(B)(iii), and 330(r)(2)(B) of the Public Health 16 Service Act shall not apply to funds provided under the 17 previous proviso: Provided further, That of the amount ap18 propriated under this paragraph in this Act, $225,000,000 19 shall be used to provide additional funding for COVID– 20 19 testing and related expenses, through grants or other 21 mechanisms, to rural health clinics as defined in section 22 1861(aa)(2) of the Social Security Act, with such funds 23 also available to such entities for building or construction 24 of temporary structures, leasing of properties, and retro25 fitting facilities as necessary to support COVID–19 test- BAI20328 S.L.C. 17 1 ing: Provided further, That such funds shall be distributed 2 using the procedures developed for the Provider Relief 3 Fund authorized under the third paragraph under this 4 heading in division B of the Coronavirus Aid, Relief, and 5 Economic Security Act (Public Law 116–136); may be 6 distributed using contracts or agreements established for 7 such program; and shall be subject to the process require8 ments applicable to such program: Provided further, That 9 the Secretary may specify a minimum amount for each 10 eligible entity accepting assistance under the two previous 11 provisos: Provided further, That up to $1,000,000,000 of 12 funds provided under this paragraph in this Act may be 13 used to cover the cost of testing for the uninsured, using 14 the definitions applicable to funds provided under this 15 heading in Public Law 116–127: Provided further, That 16 not later than 21 days after the date of enactment of this 17 Act, the Secretary, in coordination with other appropriate 18 departments and agencies, shall issue a report on COVID– 19 19 testing: Provided further, That such report shall in20 clude data on demographic characteristics, including, in 21 a de-identified and disaggregated manner, race, ethnicity, 22 age, sex, geographic region and other relevant factors of 23 individuals tested for or diagnosed with COVID–19, to the 24 extent such information is available: Provided further, 25 That such report shall include information on the number BAI20328 S.L.C. 18 1 and rates of cases, hospitalizations, and deaths as a result 2 of COVID–19: Provided further, That such report shall be 3 submitted to the Committees on Appropriations of the 4 House and Senate, and the Committee on Energy and 5 Commerce of the House of Representatives and the Com6 mittee on Health, Education, Labor, and Pensions of the 7 Senate, and updated and resubmitted to such Committees, 8 as necessary, every 30 days until the end of the COVID– 9 19 public health emergency first declared by the Secretary 10 on January 31, 2020: Provided further, That not later 11 than 180 days after the date of enactment of this Act, 12 the Secretary shall issue a report on the number of posi13 tive diagnoses, hospitalizations, and deaths as a result of 14 COVID–19, disaggregated nationally by race, ethnicity, 15 age, sex, geographic region, and other relevant factors: 16 Provided further, That such report shall include epidemio17 logical analysis of such data: Provided further, That not 18 later than 30 days after the date of the enactment of this 19 Act, the Secretary, in coordination with other departments 20 and agencies, as appropriate, shall report to the Commit21 tees on Appropriations of the House and Senate, the Com22 mittee on Energy and Commerce of the House of Rep23 resentatives, and the Committee on Health, Education, 24 Labor, and Pensions of the Senate on a COVID–19 stra25 tegic testing plan: Provided further, That such plan shall BAI20328 S.L.C. 19 1 assist States, localities, territories, tribes, tribal organiza2 tions, and urban Indian health organizations, in under3 standing COVID-19 testing for both active infection and 4 prior exposure, including hospital-based testing, high-com5 plexity laboratory testing, point-of-care testing, mobile6 testing units, testing for employers and other settings, and 7 other tests as necessary: Provided further, That such plan 8 shall include estimates of testing production that account 9 for new and emerging technologies, as well as guidelines 10 for testing: Provided further, That such plan shall address 11 how the Secretary will increase domestic testing capacity, 12 including testing supplies; and address disparities in all 13 communities: Provided further, That such plan shall out14 line Federal resources that are available to support the 15 testing plans of each State, locality, territory, tribe, tribal 16 organization, and urban Indian health organization: Pro17 vided further, That such plan shall be updated every 90 18 days until funds are expended: Provided further, That such 19 amount is designated by the Congress as being for an 20 emergency requirement pursuant to section 21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 22 Deficit Control Act of 1985. BAI20328 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 and second 12 provisos in the second paragraph under the heading ‘‘Pub13 lic Health and Social Services Emergency Fund’’, may be 14 transferred to, and merged with, other appropriation ac15 counts under the headings ‘‘Centers for Disease Control 16 and Prevention’’, ‘‘Public Health and Social Services 17 Emergency Fund’’, ‘‘Food and Drug Administration’’, and 18 ‘‘National Institutes of Health’’ to prevent, prepare for, 19 and respond to coronavirus following consultation with the 20 Office of Management and Budget: Provided, That the 21 Committees on Appropriations of the House of Represent22 atives and the Senate shall be notified 10 days in advance 23 of any such transfer: Provided further, That, upon a deter24 mination that all or part of the funds transferred from 25 an appropriation by this Act are not necessary, such BAI20328 S.L.C. 21 1 amounts may be transferred back to that appropriation: 2 Provided further, That none of the funds made available 3 by this Act may be transferred pursuant to the authority 4 in section 205 of division A of Public Law 116–94 or sec5 tion 241(a) of the Public Health Service Act. 6 SEC. 103. Of the funds appropriated by this Act 7 under the heading ‘‘Public Health and Social Services 8 Emergency Fund’’, up to $6,000,000 shall be transferred 9 to, and merged with, funds made available under the head10 ing ‘‘Office of the Secretary, Office of Inspector General’’, 11 and shall remain available until expended, for oversight 12 of activities supported with funds appropriated to the De13 partment of Health and Human Services to prevent, pre14 pare for, and respond to coronavirus, domestically or 15 internationally: Provided, That the Inspector General of 16 the Department of Health and Human Services shall con17 sult with the Committees on Appropriations of the House 18 of Representatives and the Senate prior to obligating such 19 funds: Provided further, That the transfer authority pro20 vided by this section is in addition to any other transfer 21 authority provided by law. BAI20328 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 Sep7 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 14 DISASTER LOANS PROGRAM ACCOUNT 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 internation19 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 24 EMERGENCY EIDL GRANTS For an additional amount for ‘‘Emergency EIDL 25 Grants’’ for the cost of emergency EIDL grants author- BAI20328 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 avail3 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 appro13 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 appro19 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 pur24 suant to authorization granted in this Act, may only be 25 used to prevent, prepare for, and respond to coronavirus. BAI20328 S.L.C. 24 1 SEC. 305. In this Act, the term ‘‘coronavirus’’ means 2 SARS–CoV–2 or another coronavirus with pandemic po3 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 Budg14 et and Emergency Deficit Control Act of 1985 and subse15 quently so designated by the President, and transferred 16 pursuant to transfer authorities provided by this Act shall 17 retain such designation. 18 19 BUDGETARY EFFECTS 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 sec22 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 BAI20328 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 Re7 port 105–217 and section 250(c)(7) and (c)(8) of the Bal8 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’’.