PUBLIC LAW 116–139—APR. 24, 2020 PAYCHECK PROTECTION PROGRAM AND HEALTH CARE ENHANCEMENT ACT VerDate Sep 11 2014 07:57 Apr 29, 2020 Jkt 099139 PO 00139 Frm 00001 Fmt 6579 Sfmt 6579 E:\PUBLAW\PUBL139.116 PUBL139 dkrause on LAP5T8D0R2PROD with PUBLAWS 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) INCREASED AUTHORITY FOR COMMITMENTS AND APPROPRIA- TIONS FOR PAYCHECK PROTECTION PROGRAM.—Title I of division A of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) is amended— (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) INCREASED AUTHORIZATION FOR EMERGENCY EIDL GRANTS.—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] VerDate Sep 11 2014 07:57 Apr 29, 2020 Jkt 099139 PO 00139 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL139.116 PUBL139 dkrause on LAP5T8D0R2PROD with PUBLAWS 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’’. (c) ELIGIBILITY OF AGRICULTURAL ENTERPRISES FOR ECONOMIC INJURY DISASTER LOANS AND EMERGENCY GRANTS.—Section 1110(a)(2) of division A of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) is amended— (1) in subparagraph (D), by striking ‘‘or’’ at the end; (2) in subparagraph (E), by striking the period at the end and inserting ‘‘; or’’; and (3) by adding at the end the following: ‘‘(F) an agricultural enterprise (as defined in section 18(b) of the Small Business Act (15 U.S.C. 647(b)) with not more than 500 employees.’’. (d) SET ASIDE FOR INSURED DEPOSITORY INSTITUTIONS, CREDIT UNIONS, AND COMMUNITY FINANCIAL INSTITUTIONS.—Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is amended— (1) in subparagraph (A)— (A) in clause (viii), by striking ‘‘and’’ at the end; (B) in clause (ix), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ‘‘(x) the term ‘community development financial institution’ has the meaning given the term in section 103 of the Riegle Community Development and Regu- latory Improvement Act of 1994 (12 U.S.C. 4702)); ‘‘(xi) the term ‘community financial institutions’ means— ‘‘(I) a community development financial institution; ‘‘(II) a minority depository institution, as defined in section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note); ‘‘(III) a development company that is certified under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.); and ‘‘(IV) an intermediary, as defined in section 7(m)(11); and ‘‘(xii) the term ‘credit union’ means a State credit union or a Federal credit union, as those terms are defined, respectively, in section 101 of the Federal Credit Union Act (12 U.S.C. 1752).’’; and (2) by adding at the end the following: ‘‘(S) SET-ASIDE FOR INSURED DEPOSITORY INSTITUTIONS, CREDIT UNIONS, AND COMMUNITY FINANCIAL INSTITUTIONS.— ‘‘(i) INSURED DEPOSITORY INSTITUTIONS AND CREDIT UNIONS.—In making loan guarantees under this para- graph after the date of enactment of this clause, the Administrator shall guarantee not less than $30,000,000,000 in loans made by— ‘‘(I) insured depository institutions with consolidated assets of not less than $10,000,000,000 and less than $50,000,000,000; and Definitions. Ante, p. 306. Ante, p. 308. VerDate Sep 11 2014 07:57 Apr 29, 2020 Jkt 099139 PO 00139 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL139.116 PUBL139 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 622 PUBLIC LAW 116–139—APR. 24, 2020 ‘‘(II) credit unions with consolidated assets of not less than $10,000,000,000 and less than $50,000,000,000. ‘‘(ii) COMMUNITY FINANCIAL INSTITUTIONS, SMALL INSURED DEPOSITORY INSTITUTIONS, AND CREDIT UNIONS.—In making loan guarantees under this para- graph after the date of enactment of this clause, the Administrator shall guarantee not less than $30,000,000,000 in loans made by— ‘‘(I) community financial institutions; ‘‘(II) insured depository institutions with consolidated assets of less than $10,000,000,000; and ‘‘(III) credit unions with consolidated assets of less than $10,000,000,000.’’. SEC. 102. EMERGENCY DESIGNATION. (a) IN GENERAL.—The amounts provided under this division are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (b) DESIGNATION IN SENATE.—In the Senate, this division is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolu- tion on the budget for fiscal year 2018. 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 OFFICE OF THE SECRETARY PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Public Health and Social Services Emergency Fund’’, $75,000,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus, domestically or internationally, for necessary expenses to reimburse, through grants or other mechanisms, eligible health care providers for health care related expenses or lost revenues that are attrib- utable to coronavirus: Provided, That these funds may not be used to reimburse expenses or losses that have been reimbursed from other sources or that other sources are obligated to reimburse: 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. VerDate Sep 11 2014 07:57 Apr 29, 2020 Jkt 099139 PO 00139 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL139.116 PUBL139 dkrause on LAP5T8D0R2PROD with PUBLAWS 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. VerDate Sep 11 2014 07:57 Apr 29, 2020 Jkt 099139 PO 00139 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL139.116 PUBL139 dkrause on LAP5T8D0R2PROD with PUBLAWS 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 Appropria [Text truncated for display. 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