In the Senate of the United States, April 21, 2020. Resolved, That the bill from the House of Representatives (H.R. 266) entitled ‘‘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.’’, do pass with the following AMENDMENT: Strike all after the enacting clause and insert the following: 1 2 SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Paycheck Protection 3 Program and Health Care Enhancement Act’’. 4 5 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 disaster loans, and emergency grants. Sec. 102. Emergency designation. 2 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 COMMITMENTS FOR PAYCHECK PROTECTION AND PRO- I of division A of the Coronavirus Aid, Relief, 14 and Economic Security Act (Public Law 116–136) is 15 amended— 16 (1) in section 17 ‘‘$349,000,000,000’’ 18 ‘‘$659,000,000,000’’; and 19 (2) in section 1102(b)(1), by and inserting 1107(a)(1), 20 ‘‘$349,000,000,000’’ 21 ‘‘$670,335,000,000’’. 22 (b) INCREASED AUTHORIZATION striking and by striking inserting FOR EMERGENCY 23 EIDL GRANTS.—Section 1110(e)(7) of division A of the 24 Coronavirus Aid, Relief, and Economic Security Act (Pub† HR 266 EAS 3 1 lic Law 116–136) is amended by striking 2 ‘‘$10,000,000,000’’ and inserting ‘‘$20,000,000,000’’. 3 (c) ELIGIBILITY OF AGRICULTURAL ENTERPRISES FOR 4 ECONOMIC INJURY DISASTER LOANS AND EMERGENCY 5 GRANTS.—Section 1110(a)(2) of division A of the 6 Coronavirus Aid, Relief, and Economic Security Act (Pub7 lic Law 116–136) is amended— 8 9 (1) in subparagraph (D), by striking ‘‘or’’ at the end; 10 11 (2) in subparagraph (E), by striking the period at the end and inserting ‘‘; or’’; and 12 (3) by adding at the end the following: 13 ‘‘(F) an agricultural enterprise (as defined 14 in section 18(b) of the Small Business Act (15 15 U.S.C. 647(b)) with not more than 500 employ- 16 ees.’’. 17 (d) SET ASIDE 18 TIONS, 19 TUTIONS.—Section FOR INSURED DEPOSITORY INSTITU- CREDIT UNIONS, AND COMMUNITY FINANCIAL INSTI7(a)(36) of the Small Business Act (15 20 U.S.C. 636(a)(36)) is amended— 21 (1) in subparagraph (A)— 22 23 (A) in clause (viii), by striking ‘‘and’’ at the end; 24 25 (B) in clause (ix), by striking the period at the end and inserting a semicolon; and † HR 266 EAS 4 1 (C) by adding at the end the following: 2 ‘‘(x) the term ‘community development 3 financial institution’ has the meaning given 4 the term in section 103 of the Riegle Com- 5 munity Development and Regulatory Im- 6 provement Act of 1994 (12 U.S.C. 4702)); 7 ‘‘(xi) the term ‘community financial 8 institutions’ means— 9 ‘‘(I) a community development fi- 10 nancial institution; 11 ‘‘(II) a minority depository insti- 12 tution, as defined in section 308 of the 13 Financial Institutions Reform, Recov- 14 ery, and Enforcement Act of 1989 (12 15 U.S.C. 1463 note); 16 ‘‘(III) a development company 17 that is certified under title V of the 18 Small Business Investment Act of 1958 19 (15 U.S.C. 695 et seq.); and 20 ‘‘(IV) an intermediary, as defined 21 in section 7(m)(11); and 22 ‘‘(xii) the term ‘credit union’ means a 23 State credit union or a Federal credit 24 union, as those terms are defined, respec- † HR 266 EAS 5 1 tively, in section 101 of the Federal Credit 2 Union Act (12 U.S.C. 1752).’’; and 3 (2) by adding at the end the following: 4 ‘‘(S) SET-ASIDE FOR INSURED DEPOSITORY 5 INSTITUTIONS, CREDIT UNIONS, AND COMMUNITY 6 FINANCIAL INSTITUTIONS.— 7 ‘‘(i) INSURED DEPOSITORY INSTITU- 8 TIONS AND CREDIT UNIONS.—In 9 loan guarantees under this paragraph after 10 the date of enactment of this clause, the Ad- 11 ministrator shall guarantee not less than 12 $30,000,000,000 in loans made by— making 13 ‘‘(I) insured depository institu- 14 tions with consolidated assets of not 15 less than $10,000,000,000 and less 16 than $50,000,000,000; and 17 ‘‘(II) credit unions with consoli- 18 dated 19 $10,000,000,000 20 $50,000,000,000. 21 ‘‘(ii) COMMUNITY assets of not and less less than than FINANCIAL INSTITU- 22 TIONS, SMALL INSURED DEPOSITORY INSTI- 23 TUTIONS, AND CREDIT UNIONS.—In 24 loan guarantees under this paragraph after 25 the date of enactment of this clause, the Ad- † HR 266 EAS making 6 1 ministrator shall guarantee not less than 2 $30,000,000,000 in loans made by— 3 ‘‘(I) community financial institu- 4 tions; 5 ‘‘(II) insured depository institu- 6 tions with consolidated assets of less 7 than $10,000,000,000; and 8 ‘‘(III) credit unions with consoli- 9 dated 10 11 12 assets of less than $10,000,000,000.’’. SEC. 102. EMERGENCY DESIGNATION. (a) IN GENERAL.—The amounts provided under this 13 division are designated as an emergency requirement pur14 suant to section 4(g) of the Statutory Pay-As-You-Go Act 15 of 2010 (2 U.S.C. 933(g)). 16 (b) DESIGNATION IN SENATE.—In the Senate, this di- 17 vision is designated as an emergency requirement pursuant 18 to section 4112(a) of H. Con. Res. 71 (115th Congress), the 19 concurrent resolution on the budget for fiscal year 2018. 20 DIVISION B—ADDITIONAL EMERGENCY 21 APPROPRIATIONS FOR CORONAVIRUS 22 RESPONSE 23 The following sums are hereby appropriated, out of 24 any money in the Treasury not otherwise appropriated, for † HR 266 EAS 7 1 the fiscal year ending September 30, 2020, and for other 2 purposes, namely: 3 TITLE I 4 DEPARTMENT OF HEALTH AND HUMAN 5 SERVICES 6 OFFICE OF THE SECRETARY 7 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND 8 (INCLUDING TRANSFER OF FUNDS) 9 For an additional amount for ‘‘Public Health and So- 10 cial Services Emergency Fund’’, $75,000,000,000, to re11 main available until expended, to prevent, prepare for, and 12 respond to coronavirus, domestically or internationally, for 13 necessary expenses to reimburse, through grants or other 14 mechanisms, eligible health care providers for health care 15 related expenses or lost revenues that are attributable to 16 coronavirus: Provided, That these funds may not be used 17 to reimburse expenses or losses that have been reimbursed 18 from other sources or that other sources are obligated to re19 imburse: Provided further, That recipients of payments 20 under this paragraph in this Act shall submit reports and 21 maintain documentation as the Secretary of Health and 22 Human Services (referred to in this paragraph as the ‘‘Sec23 retary’’) determines are needed to ensure compliance with 24 conditions that are imposed by this paragraph in this Act 25 for such payments, and such reports and documentation † HR 266 EAS 8 1 shall be in such form, with such content, and in such time 2 as the Secretary may prescribe for such purpose: Provided 3 further, That ‘‘eligible health care providers’’ means public 4 entities, Medicare or Medicaid enrolled suppliers and pro5 viders, and such for-profit entities and not-for-profit enti6 ties not otherwise described in this proviso as the Secretary 7 may specify, within the United States (including terri8 tories), that provide diagnoses, testing, or care for individ9 uals with possible or actual cases of COVID–19: Provided 10 further, That the Secretary shall, on a rolling basis, review 11 applications and make payments under this paragraph in 12 this Act: Provided further, That funds appropriated under 13 this paragraph in this Act shall be available for building 14 or construction of temporary structures, leasing of prop15 erties, medical supplies and equipment including personal 16 protective equipment and testing supplies, increased work17 force and trainings, emergency operation centers, retro18 fitting facilities, and surge capacity: Provided further, 19 That, in this paragraph, the term ‘‘payment’’ means a pre20 payment, prospective payment, or retrospective payment, as 21 determined appropriate by the Secretary: Provided further, 22 That payments under this paragraph in this Act shall be 23 made in consideration of the most efficient payment systems 24 practicable to provide emergency payment: Provided fur25 ther, That to be eligible for a payment under this paragraph † HR 266 EAS 9 1 in this Act, an eligible health care provider shall submit 2 to the Secretary an application that includes a statement 3 justifying the need of the provider for the payment and the 4 eligible health care provider shall have a valid tax identi5 fication number: Provided further, That, not later than 3 6 years after final payments are made under this paragraph 7 in this Act, the Office of Inspector General of the Depart8 ment of Health and Human Services shall transmit a final 9 report on audit findings with respect to this program to 10 the Committees on Appropriations of the House of Rep11 resentatives and the Senate: Provided further, That nothing 12 in this paragraph limits the authority of the Inspector Gen13 eral or the Comptroller General to conduct audits of interim 14 payments at an earlier date: Provided further, That not 15 later than 60 days after the date of enactment of this Act, 16 the Secretary shall provide a report to the Committees on 17 Appropriations of the House of Representatives and the 18 Senate on obligation of funds, including obligations to such 19 eligible health care providers summarized by State of the 20 payment receipt: Provided further, That such reports shall 21 be updated and submitted to such Committees every 60 days 22 until funds are expended: Provided further, That such 23 amount is designated by the Congress as being for an emer24 gency requirement pursuant to section 251(b)(2)(A)(i) of † HR 266 EAS 10 1 the Balanced Budget and Emergency Deficit Control Act 2 of 1985. 3 For an additional amount for ‘‘Public Health and So- 4 cial Services Emergency Fund’’, $25,000,000,000, to re5 main available until expended, to prevent, prepare for, and 6 respond to coronavirus, domestically or internationally, for 7 necessary expenses to research, develop, validate, manufac8 ture, purchase, administer, and expand capacity for 9 COVID–19 tests to effectively monitor and suppress 10 COVID–19, including tests for both active infection and 11 prior exposure, including molecular, antigen, and sero12 logical tests, the manufacturing, procurement and distribu13 tion of tests, testing equipment and testing supplies, includ14 ing personal protective equipment needed for administering 15 tests, the development and validation of rapid, molecular 16 point-of-care tests, and other tests, support for workforce, 17 epidemiology, to scale up academic, commercial, public 18 health, and hospital laboratories, to conduct surveillance 19 and contact tracing, support development of COVID–19 20 testing plans, and other related activities related to 21 COVID–19 testing: Provided, That of the amount appro22 priated under this paragraph in this Act, not less than 23 $11,000,000,000 shall be for States, localities, territories, 24 tribes, tribal organizations, urban Indian health organiza25 tions, or health service providers to tribes for necessary ex- † HR 266 EAS 11 1 penses to develop, purchase, administer, process, and ana2 lyze COVID–19 tests, including support for workforce, epi3 demiology, use by employers or in other settings, scale up 4 of testing by public health, academic, commercial, and hos5 pital laboratories, and community-based testing sites, 6 health care facilities, and other entities engaged in COVID– 7 19 testing, conduct surveillance, trace contacts, and other 8 related activities related to COVID–19 testing: Provided 9 further, That of the amount identified in the preceding pro10 viso, not less than $2,000,000,000 shall be allocated to 11 States, localities, and territories according to the formula 12 that applied to the Public Health Emergency Preparedness 13 cooperative agreement in fiscal year 2019, not less than 14 $4,250,000,000 shall be allocated to States, localities, and 15 territories according to a formula methodology that is based 16 on relative number of cases of COVID–19, and not less than 17 $750,000,000 shall be allocated in coordination with the Di18 rector of the Indian Health Service, to tribes, tribal organi19 zations, urban Indian health organizations, or health serv20 ice providers to tribes: Provided further, That the Secretary 21 of Health and Human Services (referred to in this para22 graph as the ‘‘Secretary’’) may satisfy the funding thresh23 olds outlined in the first and second provisos under this 24 paragraph in this Act by making awards through other 25 grant or cooperative agreement mechanisms: Provided fur- † HR 266 EAS 12 1 ther, That not later than 30 days after the date of enactment 2 of this Act, the Governor or designee of each State, locality, 3 territory, tribe, or tribal organization receiving funds pur4 suant to this Act shall submit to the Secretary its plan for 5 COVID–19 testing, including goals for the remainder of cal6 endar year 2020, to include: (1) the number of tests needed, 7 month-by-month, to include diagnostic, serological, and 8 other tests, as appropriate; (2) month-by-month estimates 9 of laboratory and testing capacity, including related to 10 workforce, equipment and supplies, and available tests; and 11 (3) a description of how the State, locality, territory, tribe, 12 or tribal organization will use its resources for testing, in13 cluding as it relates to easing any COVID–19 community 14 mitigation policies: Provided further, That the Secretary 15 shall submit such formula methodology identified in the 16 first proviso under this paragraph in this Act to the Com17 mittees on Appropriations of the House of Representatives 18 and the Senate one day prior to awarding such funds: Pro19 vided further, That such funds identified in the first and 20 second provisos under this paragraph in this Act shall be 21 allocated within 30 days of the date of enactment of this 22 Act: Provided further, That of the amount appropriated 23 under this paragraph in this Act, not less than 24 $1,000,000,000 shall be transferred to the ‘‘Centers for Dis25 ease Control and Prevention—CDC-Wide Activities and † HR 266 EAS 13 1 Program Support’’ for surveillance, epidemiology, labora2 tory capacity expansion, contact tracing, public health data 3 surveillance and analytics infrastructure modernization, 4 disseminating information about testing, and workforce 5 support necessary to expand and improve COVID–19 test6 ing: Provided further, That of the amount appropriated 7 under this paragraph in this Act, not less than 8 $306,000,000 shall be transferred to the ‘‘National Insti9 tutes of Health—National Cancer Institute’’ to develop, 10 validate, improve, and implement serological testing and 11 associated technologies for the purposes specified under this 12 paragraph in this Act: Provided further, That of the 13 amount appropriated under this paragraph in this Act, not 14 less than $500,000,000 shall be transferred to the ‘‘National 15 Institutes of Health—National Institute of Biomedical Im16 aging and Bioengineering’’ to accelerate research, develop17 ment, and implementation of point of care and other rapid 18 testing related to coronavirus: Provided further, That of the 19 amount appropriated under this paragraph in this Act, not 20 less than $1,000,000,000 shall be transferred to the ‘‘Na21 tional Institutes of Health—Office of the Director’’ to de22 velop, validate, improve, and implement testing and associ23 ated technologies; to accelerate research, development, and 24 implementation of point of care and other rapid testing; 25 and for partnerships with governmental and non-govern- † HR 266 EAS 14 1 mental entities to research, develop, and implement the ac2 tivities outlined in this proviso: Provided further, That 3 funds in the preceding proviso may be transferred to the 4 accounts of the Institutes and Centers of the National Insti5 tutes of Health (referred to in this paragraph as the ‘‘NIH’’) 6 for the purposes specified in the preceding proviso: Provided 7 further, That the transfer authority provided in the pre8 ceding proviso is in addition to all other transfer authority 9 available to the NIH: Provided further, That of the amount 10 appropriated under this paragraph in this Act, not less 11 than $1,000,000,000 shall be available to the Biomedical 12 Advanced Research and Development Authority for nec13 essary expenses of advanced research, development, manu14 facturing, production, and purchase of diagnostic, serologic, 15 or other COVID–19 tests or related supplies, and other ac16 tivities related to COVID–19 testing at the discretion of the 17 Secretary: Provided further, That of the amount appro18 priated under this paragraph in this Act, $22,000,000, shall 19 be transferred to the ‘‘Department of Health and Human 20 Services—Food and Drug Administration—Salaries and 21 Expenses’’ to support activities associated with diagnostic, 22 serological, antigen, and other tests, and related adminis23 trative activities: Provided further, That the amount appro24 priated under this paragraph in this Act may be used for 25 grants for the rent, lease, purchase, acquisition, construc- † HR 266 EAS 15 1 tion, alteration, renovation, or equipping of non-federally 2 owned facilities to improve preparedness and response ca3 pability at the State and local level for diagnostic, serologic, 4 or other COVID–19 tests, or related supplies: Provided fur5 ther, That the amount appropriated under this paragraph 6 in this Act may be used for construction, alteration, renova7 tion, or equipping of non-federally owned facilities for the 8 production of diagnostic, serologic, or other COVID–19 9 tests, or related supplies, where the Secretary determines 10 that such a contract is necessary to secure, or for the pro11 duction of, sufficient amounts of such tests or related sup12 plies: Provided further, That funds appropriated under this 13 paragraph in this Act may be used for purchase of medical 14 supplies and equipment, including personal protective 15 equipment and testing supplies to be used for administering 16 tests, increased workforce and trainings, emergency oper17 ation centers, and surge capacity for diagnostic, serologic, 18 or other COVID–19 tests, or related supplies: Provided fur19 ther, That products purchased with funds appropriated 20 under this paragraph in this Act may, at the discretion 21 of the Secretary, be deposited in the Strategic National 22 Stockpile under section 319F–2 of the Public Health Service 23 Act: Provided further, That of the amount appropriated 24 under this paragraph in this Act, $600,000,000 shall be 25 transferred to ‘‘Health Resources and Services Administra- † HR 266 EAS 16 1 tion—Primary Health Care’’ for grants under the Health 2 Centers program, as defined by section 330 of the Public 3 Health Service Act, and for grants to federally qualified 4 health centers, as defined in section 1861(aa)(4)(B) of the 5 Social Security Act: Provided further, That sections 6 330(e)(6)(A)(iii), 330(e)(6)(B)(iii), and 330(r)(2)(B) of the 7 Public Health Service Act shall not apply to funds provided 8 under the previous proviso: Provided further, That of the 9 amount appropriated under this paragraph in this Act, 10 $225,000,000 shall be used to provide additional funding 11 for COVID–19 testing and related expenses, through grants 12 or other mechanisms, to rural health clinics as defined in 13 section 1861(aa)(2) of the Social Security Act, with such 14 funds also available to such entities for building or con15 struction of temporary structures, leasing of properties, and 16 retrofitting facilities as necessary to support COVID–19 17 testing: Provided further, That such funds shall be distrib18 uted using the procedures developed for the Provider Relief 19 Fund authorized under the third paragraph under this 20 heading in division B of the Coronavirus Aid, Relief, and 21 Economic Security Act (Public Law 116–136); may be dis22 tributed using contracts or agreements established for such 23 program; and shall be subject to the process requirements 24 applicable to such program: Provided further, That the Sec25 retary may specify a minimum amount for each eligible † HR 266 EAS 17 1 entity accepting assistance under the two previous provisos: 2 Provided further, That up to $1,000,000,000 of funds pro3 vided under this paragraph in this Act may be used to cover 4 the cost of testing for the uninsured, using the definitions 5 applicable to funds provided under this heading in Public 6 Law 116–127: Provided further, That not later than 21 7 days after the date of enactment of this Act, the Secretary, 8 in coordination with other appropriate departments and 9 agencies, shall issue a report on COVID–19 testing: Pro10 vided further, That such report shall include data on demo11 graphic characteristics, including, in a de-identified and 12 disaggregated manner, race, ethnicity, age, sex, geographic 13 region and other relevant factors of individuals tested for 14 or diagnosed with COVID–19, to the extent such informa15 tion is available: Provided further, That such report shall 16 include information on the number and rates of cases, hos17 pitalizations, and deaths as a result of COVID–19: Pro18 vided further, That such report shall be submitted to the 19 Committees on Appropriations of the House and Senate, 20 and the Committee on Energy and Commerce of the House 21 of Representatives and the Committee on Health, Edu22 cation, Labor, and Pensions of the Senate, and updated and 23 resubmitted to such Committees, as necessary, every 30 days 24 until the end of the COVID–19 public health emergency first 25 declared by the Secretary on January 31, 2020: Provided † HR 266 EAS 18 1 further, That not later than 180 days after the date of enact2 ment of this Act, the Secretary shall issue a report on the 3 number of positive diagnoses, hospitalizations, and deaths 4 as a result of COVID–19, disaggregated nationally by race, 5 ethnicity, age, sex, geographic region, and other relevant 6 factors: Provided further, That such report shall include ep7 idemiological analysis of such data: Provided further, That 8 not later than 30 days after the date of the enactment of 9 this Act, the Secretary, in coordination with other depart10 ments and agencies, as appropriate, shall report to the 11 Committees on Appropriations of the House and Senate, 12 the Committee on Energy and Commerce of the House of 13 Representatives, and the Committee on Health, Education, 14 Labor, and Pensions of the Senate on a COVID–19 strategic 15 testing plan: Provided further, That such plan shall assist 16 States, localities, territories, tribes, tribal organizations, 17 and urban Indian health organizations, in understanding 18 COVID–19 testing for both active infection and prior expo19 sure, including hospital-based testing, high-complexity lab20 oratory testing, point-of-care testing, mobile-testing units, 21 testing for employers and other settings, and other tests as 22 necessary: Provided further, That such plan shall include 23 estimates of testing production that account for new and 24 emerging technologies, as well as guidelines for testing: Pro25 vided further, That such plan shall address how the Sec- † HR 266 EAS 19 1 retary will increase domestic testing capacity, including 2 testing supplies; and address disparities in all commu3 nities: Provided further, That such plan shall outline Fed4 eral resources that are available to support the testing plans 5 of each State, locality, territory, tribe, tribal organization, 6 and urban Indian health organization: Provided further, 7 That such plan shall be updated every 90 days until funds 8 are expended: Provided further, That such amount is des9 ignated by the Congress as being for an emergency require10 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 11 Budget and Emergency Deficit Control Act of 1985. 12 GENERAL PROVISIONS—THIS TITLE 13 (INCLUDING TRANSFER OF FUNDS) 14 SEC. 101. The requirements, authorities, and condi- 15 tions described in sections 18108, 18109, and 18112 of divi16 sion B of the Coronavirus Aid, Relief, and Economic Secu17 rity Act (Public Law 116–136) shall apply to funds appro18 priated in this Act to the Department of Health and 19 Human Services. 20 SEC. 102. Funds appropriated by this Act under the 21 heading ‘‘Department of Health and Human Services’’, ex22 cept for the amounts specified in the first paragraph and 23 the first and second provisos in the second paragraph under 24 the heading ‘‘Public Health and Social Services Emergency 25 Fund’’, may be transferred to, and merged with, other ap- † HR 266 EAS 20 1 propriation accounts under the headings ‘‘Centers for Dis2 ease Control and Prevention’’, ‘‘Public Health and Social 3 Services Emergency Fund’’, ‘‘Food and Drug Administra4 tion’’, and ‘‘National Institutes of Health’’ to prevent, pre5 pare for, and respond to coronavirus following consultation 6 with the Office of Management and Budget: Provided, That 7 the Committees on Appropriations of the House of Rep8 resentatives and the Senate shall be notified 10 days in ad9 vance of any such transfer: Provided further, That, upon 10 a determination that all or part of the funds transferred 11 from an appropriation by this Act are not necessary, such 12 amounts may be transferred back to that appropriation: 13 Provided further, That none of the funds made available 14 by this Act may be transferred pursuant to the authority 15 in section 205 of division A of Public Law 116–94 or sec16 tion 241(a) of the Public Health Service Act. 17 SEC. 103. Of the funds appropriated by this Act under 18 the heading ‘‘Public Health and Social Services Emergency 19 Fund’’, up to $6,000,000 shall be transferred to, and merged 20 with, funds made available under the heading ‘‘Office of the 21 Secretary, Office of Inspector General’’, and shall remain 22 available until expended, for oversight of activities sup23 ported with funds appropriated to the Department of 24 Health and Human Services to prevent, prepare for, and 25 respond to coronavirus, domestically or internationally: † HR 266 EAS 21 1 Provided, That the Inspector General of the Department of 2 Health and Human Services shall consult with the Commit3 tees on Appropriations of the House of Representatives and 4 the Senate prior to obligating such funds: Provided further, 5 That the transfer authority provided by this section is in 6 addition to any other transfer authority provided by law. 7 TITLE II 8 INDEPENDENT AGENCIES 9 SMALL BUSINESS ADMINISTRATION 10 11 SALARIES AND EXPENSES For an additional amount for ‘‘Salaries and Ex- 12 penses’’, $2,100,000,000, to remain available until Sep13 tember 30, 2021, to prevent, prepare for, and respond to 14 coronavirus, domestically or internationally: Provided, 15 That such amount is designated by the Congress as being 16 for an emergency requirement pursuant to section 17 251(b)(2)(A)(i) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19 20 DISASTER LOANS PROGRAM ACCOUNT For an additional amount for ‘‘Disaster Loans Pro- 21 gram Account’’ for the cost of direct loans authorized by 22 section 7(b) of the Small Business Act, $50,000,000,000, to 23 remain available until expended, to prevent, prepare for, 24 and respond to coronavirus, domestically or internation25 ally: Provided, That such amount is designated by the Con- † HR 266 EAS 22 1 gress as being for an emergency requirement pursuant to 2 section 251(b)(2)(A)(i) of the Balanced Budget and Emer3 gency Deficit Control Act of 1985. 4 5 EMERGENCY EIDL GRANTS For an additional amount for ‘‘Emergency EIDL 6 Grants’’ for the cost of emergency EIDL grants authorized 7 by section 1110 of division A of the CARES Act (Public 8 Law 116–136), $10,000,000,000, to remain available until 9 expended, to prevent, prepare for, and respond to 10 coronavirus, domestically or internationally: Provided, 11 That such amount is designated by the Congress as being 12 for an emergency requirement pursuant to section 13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 14 Deficit Control Act of 1985. 15 TITLE III 16 GENERAL PROVISIONS—THIS ACT 17 SEC. 301. Each amount appropriated or made avail- 18 able by this Act is in addition to amounts otherwise appro19 priated for the fiscal year involved. 20 SEC. 302. No part of any appropriation contained in 21 this Act shall remain available for obligation beyond the 22 current fiscal year unless expressly so provided herein. 23 SEC. 303. Unless otherwise provided for by this Act, 24 the additional amounts appropriated by this Act to appro25 priations accounts shall be available under the authorities † HR 266 EAS 23 1 and conditions applicable to such appropriations accounts 2 for fiscal year 2020. 3 SEC. 304. Notwithstanding any other provision of law, 4 funds made available in this Act, or transferred pursuant 5 to authorization granted in this Act, may only be used to 6 prevent, prepare for, and respond to coronavirus. 7 SEC. 305. In this Act, the term ‘‘coronavirus’’ means 8 SARS–CoV–2 or another coronavirus with pandemic poten9 tial. 10 SEC. 306. Each amount designated in this Act by the 11 Congress as being for an emergency requirement pursuant 12 to section 251(b)(2)(A)(i) of the Balanced Budget and 13 Emergency Deficit Control Act of 1985 shall be available 14 (or rescinded or transferred, if applicable) only if the Presi15 dent subsequently so designates all such amounts and trans16 mits such designations to the Congress. 17 SEC. 307. Any amount appropriated by this Act, des- 18 ignated by the Congress as an emergency requirement pur19 suant to section 251(b)(2)(A)(i) of the Balanced Budget and 20 Emergency Deficit Control Act of 1985 and subsequently 21 so designated by the President, and transferred pursuant 22 to transfer authorities provided by this Act shall retain such 23 designation. † HR 266 EAS 24 1 2 BUDGETARY EFFECTS SEC. 308. (a) STATUTORY PAYGO SCORECARDS.—The 3 budgetary effects of this division shall not be entered on ei4 ther PAYGO scorecard maintained pursuant to section 4(d) 5 of the Statutory Pay As-You-Go Act of 2010. 6 (b) SENATE PAYGO SCORECARDS.—The budgetary ef- 7 fects of this division shall not be entered on any PAYGO 8 scorecard maintained for purposes of section 4106 of H. 9 Con. Res. 71 (115th Congress). 10 (c) CLASSIFICATION OF BUDGETARY EFFECTS.—Not- 11 withstanding Rule 3 of the Budget Scorekeeping Guidelines 12 set forth in the joint explanatory statement of the committee 13 of conference accompanying Conference Report 105–217 14 and section 250(c)(7) and (c)(8) of the Balanced Budget 15 and Emergency Deficit Control Act of 1985, the budgetary 16 effects of this division shall be estimated for purposes of sec17 tion 251 of such Act. 18 This division may be cited as the ‘‘Additional Emer- 19 gency Appropriations for Coronavirus Response’’. Attest: Secretary. † HR 266 EAS 116TH CONGRESS 2D SESSION . R. 26 6 AMENDMENT