public-law-116-139•Public Law 116–139: Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2019, and for other purposes.
Public Law 116–139: Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2019, and for other purposes.
public-law-116-139Public Law 116-139Statute
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AND HEALTH CARE ENHANCEMENT ACT
[H.R. 266]
Paycheck Protection Program and Health Care Enhancement Act.
15 USC 9001 note.
SHORT TITLE.
TABLE OF CONTENTS.
The table of contents for this Act is as follows:
REFERENCES.
SMALL BUSINESS PROGRAMS
AMENDMENTS TO THE PAYCHECK PROTECTION PROGRAM, ECONOMIC INJURY DISASTER LOANS, AND EMERGENCY GRANTS.
Increased Authority for Commitments and Appropriations for Paycheck Protection Program.—
Ante, p. 293.
Ante, p. 301.
Increased Authorization for Emergency EIDL Grants.—
Ante, p. 308.
Eligibility of Agricultural Enterprises for Economic Injury Disaster Loans and Emergency Grants.—
Ante, p. 306.
Set Aside for Insured Depository Institutions, Credit Unions, and Community Financial Institutions.—
Definitions.
Set-aside for insured depository institutions, credit unions, and community financial institutions.—
Insured depository institutions and credit unions.—
Community financial institutions, small insured depository institutions, and credit unions.—
EMERGENCY DESIGNATION.
In General.—
Designation in Senate.—
Additional Emergency Appropriations for Coronavirus Response.
ADDITIONAL EMERGENCY APPROPRIATIONS FOR CORONAVIRUS RESPONSE
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
public health and social services emergency fund
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 attributable to coronavirus:
Reports.
Records.
Determination.
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 134 STAT. 623 the Secretary may prescribe for such purpose:Definition.
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:Review.
the Secretary shall, on a rolling basis, review applications and make payments under this paragraph in this Act:Definition.
Reports.
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:Audits.
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:Reports.
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:Updates.
Time period.
such reports shall be updated and submitted to such Committees every 60 days until funds are expended: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 exposure, including molecular, antigen, and serological tests, the manufacturing, 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, 134 STAT. 624 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:
Deadline.
Testing plan.
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 pursuant 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;Estimates.
(2) month-by-month estimates of laboratory and testing capacity, including related to workforce, equipment and supplies, and available 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 mitigation policies:Methodologies.
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:Deadline.
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:Determination.
Contracts.
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 contract is necessary to secure, or for the production of, sufficient amounts of such tests or related supplies:Contracts.
Requirements.
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 established for such program; and shall be subject to the process requirements applicable to such program:Coordination.
Reports.
Data.
such report shall include data on demographic characteristics, including, in a de-identified and disaggregated manner, race, ethnicity, age, sex, geographic region and other relevant factors of individuals tested for or diagnosed with COVID–19, to the extent such information is available:Data.
report shall include information on the number and rates of cases, hospitalizations, and deaths as a result of COVID–19:Updates.
Time period.
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 Representatives 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:Reports.
Data.
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, ethnicity, age, sex, geographic region, and other relevant factors:Analysis.
such report shall include epidemiological analysis of such data:Coordination.
Reports.
Testing plan.
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, 134 STAT. 627 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:Testing estimates and guidelines.
such plan shall include estimates of testing production that account for new and emerging technologies, as well as guidelines for testing:Updates.
Time period.
GENERAL PROVISIONS—THIS TITLE
Applicability.
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.Consultation.
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:Notification.
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.
Consultation.
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:INDEPENDENT AGENCIES
Small Business Administration
salaries and expenses
disaster loans program account
emergency eidl grants
GENERAL PROVISIONS—THIS ACT
Definition.
this Act, the term “President.
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.budgetary effects
Sec. 308.Statutory PAYGO Scorecards.—
Senate PAYGO Scorecards.—
Classification of Budgetary Effects.—
This division may be cited as the “
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.
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