Pub. L. 116-139 - Paycheck Protection Program and Health Care Enhancement Act

116th Congress

Affects: 2 U.S.C. §§ 933; 12 U.S.C. §§ 1463, 1752, 4702; 15 U.S.C. §§ 636, 647, 695

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 disaster 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.

SEC. 101. AMENDMENTS TO THE PAYCHECK PROTECTION PROGRAM, ECONOMIC INJURY DISASTER LOANS, AND EMERGENCY GRANTS.

(a) Title I of division A of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) is amended—

(a)(1) in section 1102(b)(1), by striking “$349,000,000,000” and inserting “$659,000,000,000”; and

(a)(2) in section 1107(a)(1), by striking “$349,000,000,000” and inserting “$670,335,000,000”.

(b) Section 1110(e)(7) of division A of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136)Ante, p. 308. is amended by striking “$10,000,000,000” and inserting “$20,000,000,000”.

(c) Section 1110(a)(2) of division A of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136)Ante, p. 306. is amended—

(c)(1) in subparagraph (D), by striking “or” at the end;

(c)(2) in subparagraph (E), by striking the period at the end and inserting “; or”; and

(c)(3) by adding at the end the following:

(c)(3)“(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.”

(c)(3) .

(d) Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is amended—

(d)(1) in subparagraph (A)—

(d)(1)(A) in clause (viii), by striking “and” at the end;

(d)(1)(B) in clause (ix), by striking the period at the end and inserting a semicolon; and

(d)(1)(C) by adding at the end the following:

(d)(1)(C)“(x) the term ‘community development financial institution’ has the meaning given the term in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702));

(d)(1)(C)“(xi) the term ‘community financial institutions’ means—

(d)(1)(C)“(xi)“(I) a community development financial institution;

(d)(1)(C)“(xi)“(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);

(d)(1)(C)“(xi)“(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

(d)(1)(C)“(xi)“(IV) an intermediary, as defined in section 7(m)(11); and

(d)(1)(C)“(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).”

(d)(1)(C) ; and

(d)(2) by adding at the end the following:

(d)(2)“(S)“(i) In making loan guarantees under this paragraph after the date of enactment of this clause, the Administrator shall guarantee not less than $30,000,000,000 in loans made by—

(d)(2)“(S)“(i)“(I) insured depository institutions with consolidated assets of not less than $10,000,000,000 and less than $50,000,000,000; and

(d)(2)“(S)“(i)“(II) credit unions with consolidated assets of not less than $10,000,000,000 and less than $50,000,000,000.

(d)(2)“(S)“(ii) In making loan guarantees under this paragraph after the date of enactment of this clause, the Administrator shall guarantee not less than $30,000,000,000 in loans made by—

(d)(2)“(S)“(ii)“(I) community financial institutions;

(d)(2)“(S)“(ii)“(II) insured depository institutions with consolidated assets of less than $10,000,000,000; and

(d)(2)“(S)“(ii)“(III) credit unions with consolidated assets of less than $10,000,000,000.”

(d)(2) .

SEC. 102. EMERGENCY DESIGNATION.

(a) 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) 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 resolution on the budget for fiscal year 2018.

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:

Sec. 101.

TheApplicability. 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.

Sec. 102.

FundsConsultation. 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 “Centers 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, ThatNotification.Time period. the Committees on Appropriations of the House of Representatives and the Senate shall be notified 10 days in advance of any such transfer:Determination. 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 transferred pursuant to the authority in section 205 of division A of Public Law 116–94 or section 241(a) of the Public Health Service Act.

Sec. 103.

Of the funds appropriated by this Act under the heading “Public Health and Social Services Emergency Fund”, up to $6,000,000 shall be transferred to, and merged with, funds made 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, ThatConsultation. the Inspector General of the Department of Health and Human Services shall consult with the Committees on Appropriations 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.

Sec. 301.

Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved.

Sec. 302.

No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

Sec. 303.

Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2020.

Sec. 304.

Notwithstanding any other provision of law, funds made available in this Act, or transferred pursuant to authorization granted in this Act, may only be used to prevent, prepare for, and respond to coronavirus.

Sec. 305.

InDefinition. this Act, the term “coronavirus” means SARS–CoV–2 or another coronavirus with pandemic potential.

Sec. 306.

EachPresident. 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 Control Act of 1985 shall be available (or rescinded or transferred, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.

Sec. 307.

Any amount appropriated by this Act, designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 and subsequently so designated by the President, and transferred pursuant to transfer authorities provided by this Act shall retain such designation.

Sec. 308. budgetary effects

(a) The budgetary effects of this division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay As-You-Go Act of 2010.

(b) The budgetary effects of this division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress).

(c) Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying 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.

Legislative History

LEGISLATIVE HISTORY—H.R. 266:

CONGRESSIONAL RECORD:

Jan. 11, considered and passed House.

Apr. 21, considered and passed Senate, amended.

Apr. 23, House concurred in Senate amendment.

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):

Apr. 24, Presidential remarks.