II 
116TH CONGRESS 
2D SESSION 
H. R. 6201 
IN THE SENATE OF THE UNITED STATES 
MARCH 17, 2020 
Received 
AN ACT 
Making emergency supplemental appropriations for the fiscal 
year ending September 30, 2020, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Families First 
Coronavirus Response Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents is as follows: 
DIVISION A—SECOND CORONAVIRUS PREPAREDNESS AND 
RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020 
DIVISION B—NUTRITION WAIVERS 
DIVISION C—EMERGENCY FAMILY AND MEDICAL LEAVE 
EXPANSION ACT 
DIVISION D—EMERGENCY UNEMPLOYMENT INSURANCE 
STABILIZATION AND ACCESS ACT OF 2020 
DIVISION E—EMERGENCY PAID SICK LEAVE ACT 
DIVISION F—HEALTH PROVISIONS 
DIVISION G—TAX CREDITS FOR PAID SICK AND PAID FAMILY 
AND MEDICAL LEAVE 
DIVISION H—BUDGETARY EFFECTS 
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 divi-
sion. 
DIVISION A—SECOND CORONAVIRUS PRE-
PAREDNESS AND RESPONSE SUPPLE-
MENTAL APPROPRIATIONS ACT, 2020 
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: 
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TITLE I 
DEPARTMENT OF AGRICULTURE 
FOOD AND NUTRITION SERVICE 
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR 
WOMEN, INFANTS, AND CHILDREN (WIC) 
For an additional amount for the ‘‘Special Supple-
mental Nutrition Program for Women, Infants, and Chil-
dren’’, $500,000,000, to remain available through Sep-
tember 30, 2021: Provided, That such amount is des-
ignated by the Congress as being for an emergency re-
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
COMMODITY ASSISTANCE PROGRAM 
For an additional amount for the ‘‘Commodity As-
sistance Program’’ for the emergency food assistance pro-
gram as authorized by section 27(a) of the Food and Nu-
trition Act of 2008 (7 U.S.C. 2036(a)) and section 
204(a)(1) of the Emergency Food Assistance Act of 1983 
(7 U.S.C. 7508(a)(1)), $400,000,000, to remain available 
through September 30, 2021: Provided, That of the funds 
made available, the Secretary may use up to $100,000,000 
for costs associated with the distribution of commodities: 
Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant 
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to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 1101. (a) PUBLIC HEALTH EMERGENCY.—Dur-
ing fiscal year 2020, in any case in which a school is closed 
for at least 5 consecutive days during a public health 
emergency designation during which the school would oth-
erwise be in session, each household containing at least 
1 member who is an eligible child attending the school 
shall be eligible to receive assistance pursuant to a state 
agency plan approved under subsection (b). 
(b) ASSISTANCE.—To carry out this section, the Sec-
retary of Agriculture may approve State agency plans for 
temporary emergency standards of eligibility and levels of 
benefits under the Food and Nutrition Act of 2008 (7 
U.S.C. 2011 et seq.) for households with eligible children. 
Plans approved by the Secretary shall provide for supple-
mental allotments to households receiving benefits under 
such Act, and issuances to households not already receiv-
ing benefits. Such level of benefits shall be determined by 
the Secretary in an amount not less than the value of 
meals at the free rate over the course of 5 school days 
for each eligible child in the household. 
(c) MINIMUM CLOSURE REQUIREMENT.—The Sec-
retary of Agriculture shall not provide assistance under 
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this section in the case of a school that is closed for less 
than 5 consecutive days. 
(d) USE OF EBT SYSTEM.—A State agency may pro-
vide assistance under this section through the EBT card 
system established under section 7 of the Food and Nutri-
tion Act of 2008 (7 U.S.C. 2016). 
(e) RELEASE
OF INFORMATION.—Notwithstanding 
any other provision of law, the Secretary of Agriculture 
may authorize State educational agencies and school food 
authorities administering a school lunch program under 
the Richard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.) to release to appropriate officials ad-
ministering the supplemental nutrition assistance program 
such information as may be necessary to carry out this 
section. 
(f) WAIVERS.—To facilitate implementation of this 
section, the Secretary of Agriculture may approve waivers 
of the limits on certification periods otherwise applicable 
under section 3(f) of the Food and Nutrition Act of 2008 
(7 U.S.C. 2012(f)), reporting requirements otherwise ap-
plicable under section 6(c) of such Act (7 U.S.C. 2015(c)), 
and other administrative requirements otherwise applica-
ble to State agencies under such Act. 
(g) AVAILABILITY OF COMMODITIES.—During fiscal 
year 2020, the Secretary of Agriculture may purchase 
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(i) FUNDING.—There are hereby appropriated to the 
Secretary of Agriculture such amounts as are necessary 
to carry out this section: Provided, That such amount is 
designated by the Congress as being for an emergency re-
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
SEC. 1102. In addition to amounts otherwise made 
available, $100,000,000, to remain available through Sep-
tember 30, 2021, shall be available for the Secretary of 
Agriculture to provide grants to the Commonwealth of the 
Northern Mariana Islands, Puerto Rico, and American 
Samoa for nutrition assistance in response to a COVID– 
19 public health emergency: Provided, That such amount 
is designated 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. 
TITLE II 
DEPARTMENT OF DEFENSE 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $82,000,000, to remain available until September 
30, 2022, for health services consisting of SARS–CoV– 
2 or COVID–19 related items and services as described 
in section 6006(a) of division F of the Families First 
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Coronavirus Response Act (or the administration of such 
products): Provided, That such amount is designated by 
the Congress as being for an emergency requirement pur-
suant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
TITLE III 
DEPARTMENT OF THE TREASURY 
INTERNAL REVENUE SERVICE 
TAXPAYER SERVICES 
For an additional amount for ‘‘Taxpayer Services’’, 
$15,000,000, to remain available until September 30, 
2022, for the purposes of carrying out the Families First 
Coronavirus Response Act: Provided, That amounts pro-
vided under this heading in this Act may be transferred 
to and merged with ‘‘Operations Support’’: Provided fur-
ther, That such amount is designated 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. 
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TITLE IV 
DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
INDIAN HEALTH SERVICE 
INDIAN HEALTH SERVICES 
For an additional amount for ‘‘Indian Health Serv-
ices’’, $64,000,000, to remain available until September 
30, 2022, for health services consisting of SARS–CoV– 
2 or COVID–19 related items and services as described 
in section 6007 of division F of the Families First 
Coronavirus Response Act (or the administration of such 
products): Provided, That such amounts shall be allocated 
at the discretion of the Director of the Indian Health Serv-
ice: Provided further, That such amount is designated by 
the Congress as being for an emergency requirement pur-
suant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
TITLE V 
DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
ADMINISTRATION FOR COMMUNITY LIVING 
AGING AND DISABILITY SERVICES PROGRAMS 
For an additional amount for ‘‘Aging and Disability 
Services Programs’’, $250,000,000, to remain available 
until September 30, 2021, for activities authorized under 
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subparts 1 and 2 of part C, of title III, and under title 
VI, of the Older Americans Act of 1965 (‘‘OAA’’), of 
which $160,000,000 shall be for Home-Delivered Nutri-
tion Services, $80,000,000 shall be for Congregate Nutri-
tion Services, and $10,000,000 shall be for Nutrition 
Services for Native Americans: Provided, That State 
matching requirements under sections 304(d)(1)(D) and 
309(b)(2) of the OAA shall not apply to funds made avail-
able under this heading in this Act: Provided further, That 
such amount is designated 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. 
OFFICE OF THE SECRETARY 
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 
FUND 
For an additional amount for ‘‘Public Health and So-
cial Services Emergency Fund’’, $1,000,000,000, to re-
main available until expended, for activities authorized 
under section 2812 of the Public Health Service Act (42 
U.S.C. 300hh–11), in coordination with the Assistant Sec-
retary for Preparedness and Response and the Adminis-
trator of the Centers for Medicare & Medicaid Services, 
to pay the claims of providers for reimbursement, as de-
scribed in subsection (a)(3)(D) of such section 2812, for 
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health services consisting of SARS–CoV–2 or COVID–19 
related items and services as described in paragraph (1) 
of section 6001(a) of division F of the Families First 
Coronavirus Response Act (or the administration of such 
products) or visits described in paragraph (2) of such sec-
tion for uninsured individuals: Provided, That the term 
‘‘uninsured individual’’ in this paragraph means an indi-
vidual who is not enrolled in— 
(1) a Federal health care program (as defined 
under section 1128B(f) of the Social Security Act 
(42 U.S.C. 1320a-7b(f)), including an individual 
who is eligible for medical assistance only because of 
subsection (a)(10)(A)(ii)(XXIII) of Section 1902 of 
the Social Security Act; or 
(2) a group health plan or health insurance cov-
erage offered by a health insurance issuer in the 
group or individual market (as such terms are de-
fined in section 2791 of the Public Health Service 
Act (42 U.S.C. 300gg-91)), or a health plan offered 
under chapter 89 of title 5, United States Code: 
Provided further, That such amount is designated 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. 
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TITLE VII 
GENERAL PROVISIONS—THIS ACT 
SEC. 1701. Not later than 30 days after the date of 
enactment of this Act, the head of each executive agency 
that receives funding in this Act shall provide a report 
detailing the anticipated uses of all such funding to the 
Committees on Appropriations of the House of Represent-
atives and the Senate: Provided, That each report shall 
include estimated personnel and administrative costs, as 
well as the total amount of funding apportioned, allotted, 
obligated, and expended, to date: Provided further, That 
each such plan shall be updated and submitted to such 
Committees every 60 days until all funds are expended 
or expire. 
SEC. 1702. States and local governments receiving 
funds or assistance pursuant to this division shall ensure 
the respective State Emergency Operations Center re-
ceives regular and real-time reporting on aggregated data 
on testing and results from State and local public health 
departments, as determined by the Director of the Centers 
for Disease Control and Prevention, and that such data 
is transmitted to the Centers for Disease Control and Pre-
vention. 
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SEC. 1703. Each amount appropriated or made avail-
able by this Act is in addition to amounts otherwise appro-
priated for the fiscal year involved. 
SEC. 1704. 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. 1705. Unless otherwise provided for by this Act, 
the additional amounts appropriated by this Act to appro-
priations accounts shall be available under the authorities 
and conditions applicable to such appropriations accounts 
for fiscal year 2020. 
SEC. 1706. Each amount designated in this Act by 
the Congress as being for an emergency requirement pur-
suant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 shall be avail-
able (or rescinded or transferred, if applicable) only if the 
President subsequently so designates all such amounts 
and transmits such designations to the Congress. 
SEC. 1707. 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 Budg-
et and Emergency Deficit Control Act of 1985 and subse-
quently so designated by the President, and transferred 
pursuant to transfer authorities provided by this Act shall 
retain such designation. 
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This division may be cited as the ‘‘Second 
Coronavirus Preparedness and Response Supplemental 
Appropriations Act, 2020’’. 
DIVISION B—NUTRITION 
WAIVERS 
TITLE I—MAINTAINING ESSEN-
TIAL ACCESS TO LUNCH FOR 
STUDENTS ACT 
SEC. 2101. SHORT TITLE. 
This title may be cited as the ‘‘Maintaining Essential 
Access to Lunch for Students Act’’ or the ‘‘MEALS Act’’. 
SEC. 2102. WAIVER EXCEPTION FOR SCHOOL CLOSURES 
DUE TO COVID–19. 
(a) IN GENERAL.—The requirements under section 
12(l)(1)(A)(iii) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1760(l)(1)(A)(iii)) shall not apply 
to a qualified COVID–19 waiver. 
(b) ALLOWABLE INCREASE IN FEDERAL COSTS.— 
Notwithstanding paragraph (4) of section 12(l) of the 
Richard B. Russell National School Lunch Act (42 U.S.C. 
1760(l)), the Secretary of Agriculture may grant a quali-
fied COVID–19 waiver that increases Federal costs. 
(c) TERMINATION AFTER PERIODIC REVIEW.—The 
requirements under section 12(l)(5) of the Richard B. 
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Russell National School Lunch Act (42 U.S.C. 1760(l)(5)) 
shall not apply to a qualified COVID–19 waiver. 
(d) QUALIFIED COVID–19 WAIVER.—In this sec-
tion, the term ‘‘qualified COVID–19 waiver’’ means a 
waiver— 
(1) requested by a State (as defined in section 
12(d)(8) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1760(d)(8))) or eligible serv-
ice provider under section 12(l) of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 
1760(l)); and 
(2) to waive any requirement under such Act 
(42 U.S.C. 1751 et seq.) or the Child Nutrition Act 
of 1966 (42 U.S.C. 1771 et seq.), or any regulation 
issued under either such Act, for purposes of pro-
viding meals and meal supplements under such Acts 
during a school closure due to COVID–19. 
TITLE II—COVID—19 CHILD 
NUTRITION RESPONSE ACT 
SEC. 2201. SHORT TITLE. 
This title may be cited as the ‘‘COVID–19 Child Nu-
trition Response Act’’. 
SEC. 2202. NATIONAL SCHOOL LUNCH PROGRAM REQUIRE-
MENT WAIVERS ADDRESSING COVID–19. 
(a) NATIONWIDE WAIVER.— 
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(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may establish a waiv-
er for all States under section 12(l) of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 
1760(l)), for purposes of— 
(A) providing meals and meal supplements 
under a qualified program; and 
(B) carrying out subparagraph (A) with 
appropriate safety measures with respect to 
COVID–19, as determined by the Secretary. 
(2) STATE
ELECTION.—A waiver established 
under paragraph (1) shall— 
(A) notwithstanding paragraph (2) of sec-
tion 12(l) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1760(l)), apply 
automatically to any State that elects to be sub-
ject to the waiver without further application; 
and 
(B) not be subject to the requirements 
under paragraph (3) of such section. 
(b) CHILD AND ADULT CARE FOOD PROGRAM WAIV-
ER.—Notwithstanding any other provision of law, the Sec-
retary may grant a waiver under section 12(l) of the Rich-
ard B. Russell National School Lunch Act (42 U.S.C. 
1760(l)) to allow non-congregate feeding under a child and 
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adult care food program under section 17 of the Richard 
B. Russell National School Lunch Act (42 U.S.C. 1766) 
if such waiver is for the purposes of— 
(1) providing meals and meal supplements 
under such child and adult care food program; and 
(2) carrying out paragraph (1) with appropriate 
safety measures with respect to COVID–19, as de-
termined by the Secretary. 
(c) MEAL
PATTERN
WAIVER.—Notwithstanding 
paragraph (4)(A) of section 12(l) of the Richard B. Rus-
sell National School Lunch Act (42 U.S.C. 1760(l)) the 
Secretary may grant a waiver under such section that re-
lates to the nutritional content of meals served if the Sec-
retary determines that— 
(1) such waiver is necessary to provide meals 
and meal supplements under a qualified program; 
and 
(2) there is a supply chain disruption with re-
spect to foods served under such a qualified program 
and such disruption is due to COVID–19. 
(d) REPORTS.—Each State that receives a waiver 
under subsection (a), (b), or (c), shall, not later than 1 
year after the date such State received such waiver, sub-
mit a report to the Secretary that includes the following: 
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(1) A summary of the use of such waiver by the 
State and eligible service providers. 
(2) A description of whether such waiver re-
sulted in improved services to children. 
(e) SUNSET.—The authority of the Secretary to es-
tablish or grant a waiver under this section shall expire 
on September 30, 2020. 
(f) DEFINITIONS.—In this section: 
(1) QUALIFIED PROGRAM.—The term ‘‘qualified 
program’’ means the following: 
(A) The school lunch program under the 
Richard B. Russell National School Lunch Act 
(42 U.S.C. 1751 et seq.). 
(B) The school breakfast program under 
section 4 of the Child Nutrition Act of 1966 
(42 U.S.C. 1773). 
(C) The child and adult care food program 
under section 17 of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1766). 
(D) The summer food service program for 
children under section 13 of the Richard B. 
Russell National School Lunch Act (42 U.S.C. 
1761). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
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(3) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 12(d)(8) of the Rich-
ard B. Russell National School Lunch Act (42 
U.S.C. 1760(d)(8)). 
SEC. 2203. PHYSICAL PRESENCE WAIVER UNDER WIC DUR-
ING 
CERTAIN 
PUBLIC 
HEALTH 
EMER-
GENCIES. 
(a) WAIVER AUTHORITY.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may grant a request 
described in paragraph (2) to— 
(A) waive the requirement under section 
17(d)(3)(C)(i) of the Child Nutrition Act of 
1966 (42 U.S.C. 1786(d)(3)(C)(i)); and 
(B) defer anthropometric and bloodwork 
requirements necessary to determine nutritional 
risk. 
(2) REQUEST.—A request described in this 
paragraph is a request made to the Secretary by a 
State agency to waive, on behalf of the local agencies 
served by such State agency, the requirements de-
scribed in paragraph (1) during any portion of the 
emergency period (as defined in paragraph (1)(B) of 
section 1135(g) of the Social Security Act (42 
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U.S.C. 1320b-5(g)) (beginning on or after the date 
of the enactment of this section). 
(b) REPORTS.— 
(1) LOCAL
AGENCY
REPORTS.—Each local 
agency that uses a waiver pursuant to subsection (a) 
shall, not later than 1 year after the date such local 
agency uses such waiver, submit a report to the 
State agency serving such local agency that includes 
the following: 
(A) A summary of the use of such waiver 
by the local agency. 
(B) A description of whether such waiver 
resulted in improved services to women, infants, 
and children. 
(2) STATE
AGENCY
REPORTS.—Each State 
agency that receives a waiver under subsection (a) 
shall, not later than 18 months after the date such 
State agency received such waiver, submit a report 
to the Secretary that includes the following: 
(A) A summary of the reports received by 
the State agency under paragraph (1). 
(B) A description of whether such waiver 
resulted in improved services to women, infants, 
and children. 
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(c) SUNSET.—The authority under this section shall 
expire on September 30, 2020. 
(d) DEFINITIONS.—In this section: 
(1) LOCAL AGENCY.—The term ‘‘local agency’’ 
has the meaning given the term in section 17(b) of 
the Child Nutrition Act of 1966 (42 U.S.C. 
1786(b)). 
(2) NUTRITIONAL RISK.—The term ‘‘nutritional 
risk’’ has the meaning given the term in section 
17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 
1786(b)). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(4) STATE AGENCY.— The term ‘‘State agency’’ 
has the meaning given the term in section 17(b) of 
the Child Nutrition Act of 1966 (42 U.S.C. 
1786(b)). 
SEC. 
2204. 
ADMINISTRATIVE 
REQUIREMENTS 
WAIVER 
UNDER WIC. 
(a) WAIVER AUTHORITY.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary of Agriculture may, 
if requested by a State agency (as defined in section 
17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 
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1786(b)), modify or waive any qualified administra-
tive requirement with respect to such State agency. 
(2) QUALIFIED
ADMINISTRATIVE
REQUIRE-
MENT.—In this section, the term ‘‘qualified adminis-
trative requirement’’ means a regulatory require-
ment issued under section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786) that the Secretary of 
Agriculture determines— 
(A) cannot be met by a State agency due 
to COVID–19; and 
(B) the modification or waiver of which is 
necessary to provide assistance under such sec-
tion. 
(b) STATE AGENCY REPORTS.—Each State agency 
that receives a waiver under subsection (a)(1) shall, not 
later than 1 year after the date such State agency received 
such waiver, submit a report to the Secretary of Agri-
culture that includes the following: 
(1) A summary of the use of such waiver by the 
State agency. 
(2) A description of whether such waiver re-
sulted in improved services to women, infants, and 
children. 
(c) SUNSET.—The authority under this section shall 
expire on September 30, 2020. 
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TITLE III—SNAP WAIVERS 
SEC. 2301. SNAP FLEXIBILITY FOR LOW-INCOME JOBLESS 
WORKERS. 
(a) Beginning with the first month that begins after 
the enactment of this Act and for each subsequent month 
through the end of the month subsequent to the month 
a public health emergency declaration by the Secretary of 
Health and Human Services under section 319 of the Pub-
lic Health Service Act based on an outbreak of coronavirus 
disease 2019 (COVID–19) is lifted, eligibility for supple-
mental nutrition assistance program benefits shall not be 
limited under section 6(o)(2) of the Food and Nutrition 
Act of 2008 unless an individual does not comply with the 
requirements of a program offered by the State agency 
(as defined in section 3 of the Food and Nutrition Act 
of 2008) that meets the standards of subparagraphs (B) 
or (C) of such section 6(o)(2). 
(b) Beginning on the month subsequent to the month 
the public health emergency declaration by the Secretary 
of Health and Human Services under section 319 of the 
Public Health Service Act based on an outbreak of 
COVID–19 is lifted for purposes of section 6(o) of the 
Food and Nutrition Act of 2008, such State agency shall 
disregard any period during which an individual received 
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benefits under the supplemental nutrition assistance pro-
gram prior to such month. 
SEC. 2302. ADDITIONAL SNAP FLEXIBILITIES IN A PUBLIC 
HEALTH EMERGENCY. 
(a) In the event of a public health emergency declara-
tion by the Secretary of Health and Human Services 
under section 319 of the Public Health Service Act based 
on an outbreak of coronavirus disease 2019 (COVID–19) 
and the issuance of an emergency or disaster declaration 
by a State based on an outbreak of COVID–19, the Sec-
retary of Agriculture— 
(1) shall provide, at the request of a State 
agency (as defined in section 3 of the Food and Nu-
trition Act of 2008) that provides sufficient data (as 
determined by the Secretary through guidance) sup-
porting such request, for emergency allotments to 
households participating in the supplemental nutri-
tion assistance program under the Food and Nutri-
tion Act of 2008 to address temporary food needs 
not greater than the applicable maximum monthly 
allotment for the household size; and 
(2) may adjust, at the request of State agencies 
or by guidance in consultation with one or more 
State agencies, issuance methods and application 
and reporting requirements under the Food and Nu-
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trition Act of 2008 to be consistent with what is 
practicable under actual conditions in affected areas. 
(In making this adjustment, the Secretary shall con-
sider the availability of offices and personnel in 
State agencies, any conditions that make reliance on 
electronic benefit transfer systems described in sec-
tion 7(h) of the Food and Nutrition Act of 2008 im-
practicable, any disruptions of transportation and 
communication facilities, and any health consider-
ations that warrant alternative approaches.) 
(b) Not later than 10 days after the date of the re-
ceipt or issuance of each document listed in paragraphs 
(1), (2), or (3) of this subsection, the Secretary of Agri-
culture shall make publicly available on the website of the 
Department the following documents: 
(1) Any request submitted by State agencies 
under subsection (a). 
(2) The Secretary’s approval or denial of each 
such request. 
(3) Any guidance issued under subsection 
(a)(2). 
(c) The Secretary of Agriculture shall, within 18 
months after the public health emergency declaration de-
scribed in subsection (a) is lifted, submit a report to the 
House and Senate Agriculture Committees with a descrip-
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tion of the measures taken to address the food security 
needs of affected populations during the emergency, any 
information or data supporting State agency requests, any 
additional measures that States requested that were not 
approved, and recommendations for changes to the Sec-
retary’s authority under the Food and Nutrition Act of 
2008 to assist the Secretary and States and localities in 
preparations for any future health emergencies. 
DIVISION C—EMERGENCY FAM-
ILY AND MEDICAL LEAVE EX-
PANSION ACT 
SEC. 3101. SHORT TITLE. 
This Act may be cited as ‘‘Emergency Family and 
Medical Leave Expansion Act’’. 
SEC. 3102. AMENDMENTS TO THE FAMILY AND MEDICAL 
LEAVE ACT OF 1993. 
(a) PUBLIC HEALTH EMERGENCY LEAVE.— 
(1) IN
GENERAL.—Section 102(a)(1) of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 
2612(a)(1)) is amended by adding at the end the 
following: 
‘‘(F) During the period beginning on the 
date the Emergency Family and Medical Leave 
Expansion Act takes effect, and ending on De-
cember 31, 2020, because of a qualifying need 
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related to a public health emergency in accord-
ance with section 110.’’. 
(2) 
PAID
LEAVE
REQUIREMENT.—Section 
102(c) of the Family and Medical Leave Act of 1993 
(29 U.S.C. 2612(c)) is amended by striking ‘‘under 
subsection (a)’’ and inserting ‘‘under subsection (a) 
(other than certain periods of leave under subsection 
(a)(1)(F))’’. 
(b) REQUIREMENTS.—Title I of the Family and Med-
ical Leave Act of 1993 (29 U.S.C. 2611 et seq.) is amend-
ed by adding at the end the following: 
‘‘SEC. 110. PUBLIC HEALTH EMERGENCY LEAVE. 
‘‘(a) DEFINITIONS.—The following shall apply with 
respect to leave under section 102(a)(1)(F): 
‘‘(1) APPLICATION OF CERTAIN TERMS.—The 
definitions in section 101 shall apply, except as fol-
lows: 
‘‘(A) ELIGIBLE EMPLOYEE.—In lieu of the 
definition 
in 
sections 
101(2)(A) 
and 
101(2)(B)(ii), the term ‘eligible employee’ 
means an employee who has been employed for 
at least 30 calendar days by the employer with 
respect to whom leave is requested under sec-
tion 102(a)(1)(F). 
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‘‘(B) 
EMPLOYER
THRESHOLD.—Section 
101(4)(A)(i) shall be applied by substituting 
‘fewer than 500 employees’ for ‘50 or more em-
ployees for each working day during each of 20 
or more calendar workweeks in the current or 
preceding calendar year’. 
‘‘(2) ADDITIONAL DEFINITIONS.—In addition to 
the definitions described in paragraph (1), the fol-
lowing definitions shall apply with respect to leave 
under section 102(a)(1)(F): 
‘‘(A) QUALIFYING
NEED
RELATED
TO
A 
PUBLIC
HEALTH
EMERGENCY.—The 
term 
‘qualifying need related to a public health emer-
gency’, with respect to leave, means the em-
ployee is unable to work (or telework) due to a 
need for leave to care for the son or daughter 
under 18 years of age of such employee if the 
school or place of care has been closed, or the 
child care provider of such son or daughter is 
unavailable, due to a public health emergency. 
‘‘(B) PUBLIC HEALTH EMERGENCY.—The 
term ‘public health emergency’ means an emer-
gency with respect to COVID-19 declared by a 
Federal, State, or local authority. 
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‘‘(C) CHILD CARE PROVIDER.—The term 
‘child care provider’ means a provider who re-
ceives compensation for providing child care 
services on a regular basis, including an ‘eligible 
child care provider’ (as defined in section 658P 
of the Child Care and Development Block 
Grant Act of 1990 (42 U.S.C. 9858n)). 
‘‘(D) SCHOOL.—The term ‘school’ means 
an ‘elementary school’ or ‘secondary school’ as 
such terms are defined in section 8101 of the 
Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801). 
‘‘(3) REGULATORY
AUTHORITIES.—The Sec-
retary of Labor shall have the authority to issue reg-
ulations for good cause under sections 553(b)(B) 
and 553(d)(A) of title 5, United States Code— 
‘‘(A) to exclude certain health care pro-
viders and emergency responders from the defi-
nition of eligible employee under section 
110(a)(1)(A); and 
‘‘(B) to exempt small businesses with fewer 
than 50 employees from the requirements of 
section 102(a)(1)(F) when the imposition of 
such requirements would jeopardize the viability 
of the business as a going concern. 
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‘‘(b) RELATIONSHIP TO PAID LEAVE.— 
‘‘(1) UNPAID LEAVE FOR INITIAL 10 DAYS.— 
‘‘(A) IN GENERAL.—The first 10 days for 
which an employee takes leave under section 
102(a)(1)(F) may consist of unpaid leave. 
‘‘(B) EMPLOYEE ELECTION.—An employee 
may elect to substitute any accrued vacation 
leave, personal leave, or medical or sick leave 
for unpaid leave under section 102(a)(1)(F) in 
accordance with section 102(d)(2)(B). 
‘‘(2) PAID LEAVE FOR SUBSEQUENT DAYS.— 
‘‘(A) IN
GENERAL.—An employer shall 
provide paid leave for each day of leave under 
section 102(a)(1)(F) that an employee takes 
after taking leave under such section for 10 
days. 
‘‘(B) CALCULATION.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), paid leave under subparagraph (A) for 
an employee shall be calculated based on— 
‘‘(I) an amount that is not less 
than two-thirds of an employee’s reg-
ular rate of pay (as determined under 
section 7(e) of the Fair Labor Stand-
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ards Act of 1938 (29 U.S.C. 207(e)); 
and 
‘‘(II) the number of hours the 
employee would otherwise be normally 
scheduled to work (or the number of 
hours calculated under subparagraph 
(C)). 
‘‘(ii) CLARIFICATION.—In no event 
shall such paid leave exceed $200 per day 
and $10,000 in the aggregate. 
‘‘(C) VARYING
SCHEDULE
HOURS
CAL-
CULATION.—In the case of an employee whose 
schedule varies from week to week to such an 
extent that an employer is unable to determine 
with certainty the number of hours the em-
ployee would have worked if such employee had 
not taken leave under section 102(a)(1)(F), the 
employer shall use the following in place of such 
number: 
‘‘(i) Subject to clause (ii), a number 
equal to the average number of hours that 
the employee was scheduled per day over 
the 6-month period ending on the date on 
which the employee takes such leave, in-
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cluding hours for which the employee took 
leave of any type. 
‘‘(ii) If the employee did not work 
over such period, the reasonable expecta-
tion of the employee at the time of hiring 
of the average number of hours per day 
that the employee would normally be 
scheduled to work. 
‘‘(c) NOTICE.—In any case where the necessity for 
leave under section 102(a)(1)(F) for the purpose described 
in subsection (a)(2)(A)(iii) is foreseeable, an employee 
shall provide the employer with such notice of leave as is 
practicable. 
‘‘(d) RESTORATION TO POSITION.— 
‘‘(1) IN GENERAL.—Section 104(a)(1) shall not 
apply with respect to an employee of an employer 
who employs fewer than 25 employees if the condi-
tions described in paragraph (2) are met. 
‘‘(2) CONDITIONS.—The conditions described in 
this paragraph are the following: 
‘‘(A) The employee takes leave under sec-
tion 102(a)(1)(F). 
‘‘(B) The position held by the employee 
when the leave commenced does not exist due to 
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economic conditions or other changes in oper-
ating conditions of the employer— 
‘‘(i) that affect employment; and 
‘‘(ii) are caused by a public health 
emergency during the period of leave. 
‘‘(C) The employer makes reasonable ef-
forts to restore the employee to a position 
equivalent to the position the employee held 
when the leave commenced, with equivalent em-
ployment benefits, pay, and other terms and 
conditions of employment. 
‘‘(D) If the reasonable efforts of the em-
ployer under subparagraph (C) fail, the em-
ployer makes reasonable efforts during the pe-
riod described in paragraph (3) to contact the 
employee if an equivalent position described in 
subparagraph (C) becomes available. 
‘‘(3) CONTACT PERIOD.—The period described 
under this paragraph is the 1-year period beginning 
on the earlier of— 
‘‘(A) the date on which the qualifying need 
related to a public health emergency concludes; 
or 
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‘‘(B) the date that is 12 weeks after the 
date on which the employee’s leave under sec-
tion 102(a)(1)(F) commences.’’. 
SEC. 3103. EMPLOYMENT UNDER MULTI-EMPLOYER BAR-
GAINING AGREEMENTS. 
(a) EMPLOYERS.—An employer signatory to a multi-
employer collective bargaining agreement may, consistent 
with its bargaining obligations and its collective bar-
gaining agreement, fulfill its obligations under section 
110(b)(2) of title I of the Family and Medical Leave Act 
of 1993, as added by the Families First Coronavirus Re-
sponse Act, by making contributions to a multiemployer 
fund, plan, or program based on the paid leave each of 
its employees is entitled to under such section while work-
ing under the multiemployer collective bargaining agree-
ment, provided that the fund, plan, or program enables 
employees to secure pay from such fund, plan, or program 
based on hours they have worked under the multiemployer 
collective bargaining agreement for paid leave taken under 
section 102(a)(1)(F) of title I of the Family and Medical 
Leave Act of 1993, as added by the Families First 
Coronavirus Response Act. 
(b) EMPLOYEES.—Employees who work under a mul-
tiemployer collective bargaining agreement into which 
their employers make contributions as provided in sub-
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section (a) may secure pay from such fund, plan, or pro-
gram based on hours they have worked under the multiem-
ployer collective bargaining agreement for paid leave taken 
under section 102(a)(1)(F) of title I of the Family and 
Medical Leave Act of 1993, as added by the Families First 
Coronavirus Response Act. 
SEC. 3104. SPECIAL RULE FOR CERTAIN EMPLOYERS. 
An employer under 110(a)(B) shall not be subject to 
section 107(a) for a violation of section 102(a)(1)(F) if 
the employer does not meet the definition of employer set 
forth in Section 101(4)(A)(i). 
SEC. 3105. SPECIAL RULE FOR HEALTH CARE PROVIDERS 
AND EMERGENCY RESPONDERS. 
An employer of an employee who is a health care pro-
vider or an emergency responder may elect to exclude such 
employee from the application of the provisions in the 
amendments made under of section 3102 of this Act. 
SEC. 3106. EFFECTIVE DATE. 
This Act shall take effect not later than 15 days after 
the date of enactment of this Act. 
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DIVISION 
D—EMERGENCY 
UN-
EMPLOYMENT 
INSURANCE 
STABILIZATION AND ACCESS 
ACT OF 2020 
SEC. 4101. SHORT TITLE. 
This division may be cited as the ‘‘Emergency Unem-
ployment Insurance Stabilization and Access Act of 
2020’’. 
SEC. 4102. EMERGENCY TRANSFERS FOR UNEMPLOYMENT 
COMPENSATION ADMINISTRATION. 
(a) IN GENERAL.—Section 903 of the Social Security 
Act (42 U.S.C. 1103) is amended by adding at the end 
the following: 
‘‘Emergency Transfers in Fiscal Year 2020 for 
Administration 
‘‘(h)(1)(A) In addition to any other amounts, the Sec-
retary of Labor shall provide for the making of emergency 
administration grants in fiscal year 2020 to the accounts 
of the States in the Unemployment Trust Fund, in accord-
ance with succeeding provisions of this subsection. 
‘‘(B) The amount of an emergency administration 
grant with respect to a State shall, as determined by the 
Secretary of Labor, be equal to the amount obtained by 
multiplying $1,000,000,000 by the same ratio as would 
apply under subsection (a)(2)(B) for purposes of deter-
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mining such State’s share of any excess amount (as de-
scribed in subsection (a)(1)) that would have been subject 
to transfer to State accounts, as of October 1, 2019, under 
the provisions of subsection (a). 
‘‘(C) Of the emergency administration grant deter-
mined under subparagraph (B) with respect to a State— 
‘‘(i) not later than 60 days after the date of en-
actment of this subsection, 50 percent shall be 
transferred to the account of such State upon a cer-
tification by the Secretary of Labor to the Secretary 
of the Treasury that the State meets the require-
ments of paragraph (2); and 
‘‘(ii) only with respect to a State in which the 
number of unemployment compensation claims has 
increased by at least 10 percent over the same quar-
ter in the previous calendar year, the remainder 
shall be transferred to the account of such State 
upon a certification by the Secretary of Labor to the 
Secretary of the Treasury that the State meets the 
requirements of paragraph (3). 
‘‘(2) The requirements of this paragraph with respect 
to a State are the following: 
‘‘(A) The State requires employers to provide 
notification of the availability of unemployment com-
pensation to employees at the time of separation 
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from employment. Such notification may be based 
on model notification language issued by the Sec-
retary of Labor. 
‘‘(B) The State ensures that applications for 
unemployment compensation, and assistance with 
the application process, are accessible in at least two 
of the following: in-person, by phone, or online. 
‘‘(C) The State notifies applicants when an ap-
plication is received and is being processed, and in 
any case in which an application is unable to be 
processed, provides information about steps the ap-
plicant can take to ensure the successful processing 
of the application. 
‘‘(3) The requirements of this paragraph with respect 
to a State are the following: 
‘‘(A) The State has expressed its commitment 
to maintain and strengthen access to the unemploy-
ment compensation system, including through initial 
and continued claims. 
‘‘(B) The State has demonstrated steps it has 
taken or will take to ease eligibility requirements 
and access to unemployment compensation for claim-
ants, including waiving work search requirements 
and the waiting week, and non-charging employers 
directly impacted by COVID–19 due to an illness in 
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the workplace or direction from a public health offi-
cial to isolate or quarantine workers. 
‘‘(4) Any amount transferred to the account of a 
State under this subsection may be used by such State 
only for the administration of its unemployment com-
pensation law, including by taking such steps as may be 
necessary to ensure adequate resources in periods of high 
demand. 
‘‘(5) Not later than 1 year after the date of enact-
ment of the Emergency Unemployment Insurance Sta-
bilization and Access Act of 2020, each State receiving 
emergency administration grant funding under paragraph 
(1)(C)(i) shall submit to the Secretary of Labor, the Com-
mittee on Ways and Means of the House of Representa-
tives, and the Committee on Finance of the Senate, a re-
port that includes— 
‘‘(A) an analysis of the recipiency rate for un-
employment compensation in the State as such rate 
has changed over time; 
‘‘(B) a description of steps the State intends to 
take to increase such recipiency rate. 
‘‘(6)(A) Notwithstanding any other provision of law, 
the Secretary of the Treasury shall transfer from the gen-
eral fund of the Treasury (from funds not otherwise ap-
propriated) to the employment security administration ac-
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count (as established by section 901 of the Social Security 
Act) such sums as the Secretary of Labor estimates to 
be necessary for purposes of making the transfers de-
scribed in paragraph (1)(C). 
‘‘(B) There are appropriated from the general fund 
of the Treasury, without fiscal year limitation, the sums 
referred to in the preceding sentence and such sums shall 
not be required to be repaid.’’. 
(b) EMERGENCY
FLEXIBILITY.—Notwithstanding 
any other law, if a State modifies its unemployment com-
pensation law and policies with respect to work search, 
waiting week, good cause, or employer experience rating 
on an emergency temporary basis as needed to respond 
to the spread of COVID–19, such modifications shall be 
disregarded for the purposes of applying section 303 of 
the Social Security Act and section 3304 of the Internal 
Revenue Code of 1986 to such State law. 
(c) REGULATIONS.—The Secretary of Labor may 
prescribe any regulations, operating instructions, or other 
guidance necessary to carry out the amendment made by 
subsection (a). 
SEC. 4103. TEMPORARY ASSISTANCE FOR STATES WITH AD-
VANCES. 
Section 1202(b)(10)(A) of the Social Security Act 
(42 U.S.C. 1322(b)(10)(A)) is amended by striking ‘‘be-
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ginning on the date of enactment of this paragraph and 
ending on December 31, 2010’’ and inserting ‘‘beginning 
on the date of enactment of the Emergency Unemploy-
ment Insurance Stabilization and Access Act of 2020 and 
ending on December 31, 2020’’. 
SEC. 4104. TECHNICAL ASSISTANCE AND GUIDANCE FOR 
SHORT-TIME COMPENSATION PROGRAMS. 
The Secretary of Labor shall assist States in estab-
lishing, implementing, and improving the employer aware-
ness of short-time compensation programs (as defined in 
section 3306(v) of the Internal Revenue Code of 1986) 
to help avert layoffs, including by providing technical as-
sistance and guidance. 
SEC. 4105. FULL FEDERAL FUNDING OF EXTENDED UNEM-
PLOYMENT COMPENSATION FOR A LIMITED 
PERIOD. 
(a) IN GENERAL.—In the case of sharable extended 
compensation and sharable regular compensation paid for 
weeks of unemployment beginning after the date of the 
enactment of this section and before December 31, 2020 
(and only with respect to States that receive emergency 
administration grant funding under clauses (i) and (ii) of 
section 903(h)(1)(C) of the Social Security Act (42 U.S.C. 
1102(h)(1)(C))), section 204(a)(1) of the Federal-State 
Extended Unemployment Compensation Act of 1970 (26 
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U.S.C. 3304 note) shall be applied by substituting ‘‘100 
percent of’’ for ‘‘one-half of’’. 
(b) TEMPORARY FEDERAL MATCHING
FOR
THE 
FIRST WEEK
OF EXTENDED BENEFITS
FOR STATES 
WITH NO WAITING WEEK.—With respect to weeks of un-
employment beginning after the date of the enactment of 
this Act and ending on or before December 31, 2020, sub-
paragraph (B) of section 204(a)(2) of the Federal-State 
Extended Unemployment Compensation Act of 1970 (26 
U.S.C. 3304 note) shall not apply. 
(c) DEFINITIONS.—For purposes of this section— 
(1) the terms ‘‘sharable extended compensa-
tion’’ and ‘‘sharable regular compensation’’ have the 
respective meanings given such terms under section 
204 of the Federal-State Extended Unemployment 
Compensation Act of 1970; and 
(2) the term ‘‘week’’ has the meaning given 
such term under section 205 of the Federal-State 
Extended Unemployment Compensation Act of 
1970. 
(d) REGULATIONS.—The Secretary of Labor may 
prescribe any operating instructions or regulations nec-
essary to carry out this section. 
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DIVISION E—EMERGENCY PAID 
SICK LEAVE ACT 
SEC. 5101. SHORT TITLE. 
This Act may be cited as the ‘‘Emergency Paid Sick 
Leave Act’’. 
SEC. 5102. PAID SICK TIME REQUIREMENT. 
(a) IN GENERAL.—An employer shall provide to each 
employee employed by the employer paid sick time to the 
extent that the employee is unable to work (or telework) 
due to a need for leave because: 
(1) The employee is subject to a Federal, State, 
or local quarantine or isolation order related to 
COVID-19. 
(2) The employee has been advised by a health 
care provider to self-quarantine due to concerns re-
lated to COVID-19. 
(3) The employee is experiencing symptoms of 
COVID-19 and seeking a medical diagnosis. 
(4) The employee is caring for an individual 
who is subject to an order as described in subpara-
graph (1) or has been advised as described in para-
graph (2). 
(5) The employee is caring for a son or daugh-
ter of such employee if the school or place of care 
of the son or daughter has been closed, or the child 
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care provider of such son or daughter is unavailable, 
due to COVID-19 precautions. 
(6) The employee is experiencing any other sub-
stantially similar condition specified by the Secretary 
of Health and Human Services in consultation with 
the Secretary of the Treasury and the Secretary of 
Labor. 
Except that an employer of an employee who is a health 
care provider or an emergency responder may elect to ex-
clude such employee from the application of this sub-
section. 
(b) DURATION OF PAID SICK TIME.— 
(1) IN GENERAL.—An employee shall be enti-
tled to paid sick time for an amount of hours deter-
mined under paragraph (2). 
(2) AMOUNT OF HOURS.—The amount of hours 
of paid sick time to which an employee is entitled 
shall be as follows: 
(A) For full-time employees, 80 hours. 
(B) For part-time employees, a number of 
hours equal to the number of hours that such 
employee works, on average, over a 2-week pe-
riod. 
(3) CARRYOVER.—Paid sick time under this 
section shall not carry over from 1 year to the next. 
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(c) EMPLOYER’S
TERMINATION
OF
PAID
SICK 
TIME.—Paid sick time provided to an employee under this 
Act shall cease beginning with the employee’s next sched-
uled workshift immediately following the termination of 
the need for paid sick time under subsection (a). 
(d) PROHIBITION.—An employer may not require, as 
a condition of providing paid sick time under this Act, that 
the employee involved search for or find a replacement em-
ployee to cover the hours during which the employee is 
using paid sick time. 
(e) USE OF PAID SICK TIME.— 
(1) IN GENERAL.—The paid sick time under 
subsection (a) shall be available for immediate use 
by the employee for the purposes described in such 
subsection, regardless of how long the employee has 
been employed by an employer. 
(2) SEQUENCING.— 
(A) IN GENERAL.—An employee may first 
use the paid sick time under subsection (a) for 
the purposes described in such subsection. 
(B) PROHIBITION.—An employer may not 
require an employee to use other paid leave pro-
vided by the employer to the employee before 
the employee uses the paid sick time under sub-
section (a). 
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SEC. 5103. NOTICE. 
(a) IN GENERAL.—Each employer shall post and 
keep posted, in conspicuous places on the premises of the 
employer where notices to employees are customarily post-
ed, a notice, to be prepared or approved by the Secretary 
of Labor, of the requirements described in this Act. 
(b) MODEL NOTICE.—Not later than 7 days after the 
date of enactment of this Act, the Secretary of Labor shall 
make publicly available a model of a notice that meets the 
requirements of subsection (a). 
SEC. 5104. PROHIBITED ACTS. 
It shall be unlawful for any employer to discharge, 
discipline, or in any other manner discriminate against 
any employee who— 
(1) takes leave in accordance with this Act; and 
(2) has filed any complaint or instituted or 
caused to be instituted any proceeding under or re-
lated to this Act (including a proceeding that seeks 
enforcement of this Act), or has testified or is about 
to testify in any such proceeding. 
SEC. 5105. ENFORCEMENT. 
(a) UNPAID SICK LEAVE.—An employer who violates 
section 5102 shall— 
(1) be considered to have failed to pay min-
imum wages in violation of section 6 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 206); and 
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(2) be subject to the penalties described in sec-
tions 16 and 17 of such Act (29 U.S.C. 216; 217) 
with respect to such violation. 
(b) UNLAWFUL TERMINATION.—An employer who 
willfully violates section 5104 shall— 
(1) be considered to be in violation of section 
15(a)(3) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 215(a)(3)); and 
(2) be subject to the penalties described in sec-
tions 16 and 17 of such Act (29 U.S.C. 216; 217) 
with respect to such violation. 
SEC. 5106. EMPLOYMENT UNDER MULTI-EMPLOYER BAR-
GAINING AGREEMENTS. 
(a) EMPLOYERS.—An employer signatory to a multi-
employer collective bargaining agreement may, consistent 
with its bargaining obligations and its collective bar-
gaining agreement, fulfill its obligations under this Act by 
making contributions to a multiemployer fund, plan, or 
program based on the hours of paid sick time each of its 
employees is entitled to under this Act while working 
under the multiemployer collective bargaining agreement, 
provided that the fund, plan, or program enables employ-
ees to secure pay from such fund, plan, or program based 
on hours they have worked under the multiemployer collec-
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tive bargaining agreement and for the uses specified under 
section 5102(a). 
(b) EMPLOYEES.—Employees who work under a mul-
tiemployer collective bargaining agreement into which 
their employers make contributions as provided in sub-
section (a) may secure pay from such fund, plan, or pro-
gram based on hours they have worked under the multiem-
ployer collective bargaining agreement for the uses speci-
fied in section 5102(a). 
SEC. 5107. RULES OF CONSTRUCTION. 
Nothing in this Act shall be construed— 
(1) to in any way diminish the rights or bene-
fits that an employee is entitled to under any— 
(A) other Federal, State, or local law; 
(B) collective bargaining agreement; or 
(C) existing employer policy; or 
(2) to require financial or other reimbursement 
to an employee from an employer upon the employ-
ee’s termination, resignation, retirement, or other 
separation from employment for paid sick time 
under this Act that has not been used by such em-
ployee. 
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SEC. 5108. EFFECTIVE DATE. 
This Act, and the requirements under this Act, shall 
take effect not later than 15 days after the date of enact-
ment of this Act. 
SEC. 5109. SUNSET. 
This Act, and the requirements under this Act, shall 
expire on December 31, 2020. 
SEC. 5110. DEFINITIONS. 
For purposes of the Act: 
(1) EMPLOYEE.—The terms ‘‘employee’’ means 
an individual who is— 
(A)(i) an employee, as defined in section 
3(e) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203(e)), who is not covered under 
subparagraph (E) or (F), including such an em-
ployee of the Library of Congress, except that 
a reference in such section to an employer shall 
be considered to be a reference to an employer 
described in clauses (i)(I) and (ii) of paragraph 
(5)(A); or 
(ii) an employee of the Government Ac-
countability Office; 
(B) a State employee described in section 
304(a) of the Government Employee Rights Act 
of 1991 (42 U.S.C. 2000e–16c(a)); 
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(C) a covered employee, as defined in sec-
tion 101 of the Congressional Accountability 
Act of 1995 (2 U.S.C. 1301), other than an ap-
plicant for employment; 
(D) a covered employee, as defined in sec-
tion 411(c) of title 3, United States Code; 
(E) a Federal officer or employee covered 
under subchapter V of chapter 63 of title 5, 
United States Code; or 
(F) any other individual occupying a posi-
tion in the civil service (as that term is defined 
in section 2101(1) of title 5, United States 
Code). 
(2) EMPLOYER.— 
(A) IN GENERAL.—The term ‘‘employer’’ 
means a person who is— 
(i)(I) a covered employer, as defined 
in subparagraph (B), who is not covered 
under subclause (V); 
(II) an entity employing a State em-
ployee described in section 304(a) of the 
Government Employee Rights Act of 1991; 
(III) an employing office, as defined 
in section 101 of the Congressional Ac-
countability Act of 1995; 
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(IV) an employing office, as defined in 
section 411(c) of title 3, United States 
Code; or 
(V) an Executive Agency as defined in 
section 105 of title 5, United States Code, 
and including the U.S. Postal Service and 
the Postal Regulatory Commission; and 
(ii) engaged in commerce (including 
government), or an industry or activity af-
fecting commerce (including government), 
as defined in subparagraph (B)(iii). 
(B) COVERED EMPLOYER.— 
(i) IN
GENERAL.—In subparagraph 
(A)(i)(I), the term ‘‘covered employer’’— 
(I) means any person engaged in 
commerce or in any industry or activ-
ity affecting commerce that— 
(aa) in the case of a private 
entity 
or 
individual, 
employs 
fewer than 500 employees; and 
(bb) in the case of a public 
agency or any other entity that is 
not a private entity or individual, 
employs 1 or more employees; 
(II) includes— 
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(aa) includes any person act-
ing directly or indirectly in the 
interest of an employer in rela-
tion to an employee (within the 
meaning of such phrase in sec-
tion 3(d) of the Fair Labor 
Standards Act of 1938 (29 
U.S.C. 203(d)); and 
(bb) any successor in inter-
est of an employer; 
(III) includes any ‘‘public agen-
cy’’, as defined in section 3(x) of the 
Fair Labor Standards Act of 1938 
(29 U.S.C. 203(x)); and 
(IV) includes the Government 
Accountability Office and the Library 
of Congress. 
(ii) PUBLIC
AGENCY.—For purposes 
of clause (i)(IV), a public agency shall be 
considered to be a person engaged in com-
merce or in an industry or activity affect-
ing commerce. 
(iii) DEFINITIONS.—For purposes of 
this subparagraph: 
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(I) 
COMMERCE.—The 
terms 
‘‘commerce’’ and ‘‘industry or activity 
affecting commerce’’ means any activ-
ity, business, or industry in commerce 
or in which a labor dispute would 
hinder or obstruct commerce or the 
free flow of commerce, and include 
‘‘commerce’’ and any ‘‘industry affect-
ing commerce’’, as defined in para-
graphs (1) and (3) of section 501 of 
the Labor Management Relations Act 
of 1947 (29 U.S.C. 142 (1) and (3)). 
(II) EMPLOYEE.—The term ‘‘em-
ployee’’ has the same meaning given 
such term in section 3(e) of the Fair 
Labor Standards Act of 1938 (29 
U.S.C. 203(e)). 
(III) PERSON.—The term ‘‘per-
son’’ has the same meaning given 
such term in section 3(a) of the Fair 
Labor Standards Act of 1938 (29 
U.S.C. 203(a)). 
(3) FLSA TERMS.—The terms ‘‘employ’’ and 
‘‘State’’ have the meanings given such terms in sec-
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tion 3 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203). 
(4) FMLA TERMS.—The terms ‘‘health care 
provider’’ and ‘‘son or daughter’’ have the meanings 
given such terms in section 101 of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2611). 
(5) PAID SICK TIME.— 
(A) IN
GENERAL.—The term ‘‘paid sick 
time’’ means an increment of compensated leave 
that— 
(i) is provided by an employer for use 
during an absence from employment for a 
reason described in any paragraph of sec-
tion 2(a); and 
(ii) is calculated based on the employ-
ee’s required compensation under subpara-
graph (B) and the number of hours the 
employee would otherwise be normally 
scheduled to work (or the number of hours 
calculated under subparagraph (C)), except 
that in no event shall such paid sick time 
exceed— 
(I) $511 per day and $5,110 in 
the aggregate for a use described in 
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paragraph (1), (2), or (3) of section 
5102(a); and 
(II) $200 per day and $2,000 in 
the aggregate for a use described in 
paragraph (4), (5), or (6) of section 
5102(a). 
(B) REQUIRED COMPENSATION.— 
(i) IN GENERAL.—Subject to subpara-
graph (A)(ii), the employee’s required com-
pensation under this subparagraph shall be 
not less than the greater of the following: 
(I) The employee’s regular rate 
of pay (as determined under section 
7(e) of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 207(e)). 
(II) The minimum wage rate in 
effect under section 6(a)(1) of the 
Fair Labor Standards Act of 1938 
(29 U.S.C. 206(a)(1)). 
(III) The minimum wage rate in 
effect for such employee in the appli-
cable State or locality, whichever is 
greater, in which the employee is em-
ployed. 
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(ii) SPECIAL RULE FOR CARE OF FAM-
ILY MEMBERS.—Subject to subparagraph 
(A)(ii), with respect to any paid sick time 
provided for any use described in para-
graph (4), (5), or (6) of section 5102(a), 
the 
employee’s 
required 
compensation 
under this subparagraph shall be two- 
thirds of the amount described in clause 
(B)(i). 
(C) VARYING SCHEDULE HOURS CALCULA-
TION.—In the case of a part-time employee de-
scribed in section 5102(b)(2)(B) whose schedule 
varies from week to week to such an extent that 
an employer is unable to determine with cer-
tainty the number of hours the employee would 
have worked if such employee had not taken 
paid sick time under section 2(a), the employer 
shall use the following in place of such number: 
(i) Subject to clause (ii), a number 
equal to the average number of hours that 
the employee was scheduled per day over 
the 6-month period ending on the date on 
which the employee takes the paid sick 
time, including hours for which the em-
ployee took leave of any type. 
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(ii) If the employee did not work over 
such period, the reasonable expectation of 
the employee at the time of hiring of the 
average number of hours per day that the 
employee would normally be scheduled to 
work. 
(D) GUIDELINES.—Not later than 15 days 
after the date of the enactment of this Act, the 
Secretary of Labor shall issue guidelines to as-
sist employers in calculating the amount of paid 
sick time under subparagraph (A). 
(E) REASONABLE NOTICE.—After the first 
workday (or portion thereof) an employee re-
ceives paid sick time under this Act, an em-
ployer may require the employee to follow rea-
sonable notice procedures in order to continue 
receiving such paid sick time. 
SEC. 5111. REGULATORY AUTHORITIES. 
The Secretary of Labor shall have the authority to 
issue regulations for good cause under sections 553(b)(B) 
and 553(d)(A) of title 5, United States Code— 
(1) to exclude certain health care providers and 
emergency responders from the definition of em-
ployee under section 5110(1) including by allowing 
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the employer of such health care providers and 
emergency responders to opt out; 
(2) to exempt small businesses with fewer than 
50 employees from the requirements of section 
5102(a)(5) when the imposition of such require-
ments would jeopardize the viability of the business 
as a going concern; and 
(3) as necessary, to carry out the purposes of 
this Act, including to ensure consistency between 
this Act and Division C and Division G of the Fami-
lies First Coronavirus Response Act. 
DIVISION F—HEALTH 
PROVISIONS 
SEC. 6001. COVERAGE OF TESTING FOR COVID–19. 
(a) IN GENERAL.—A group health plan and a health 
insurance issuer offering group or individual health insur-
ance coverage (including a grandfathered health plan (as 
defined in section 1251(e) of the Patient Protection and 
Affordable Care Act)) shall provide coverage, and shall not 
impose any cost sharing (including deductibles, copay-
ments, and coinsurance) requirements or prior authoriza-
tion or other medical management requirements, for the 
following items and services furnished during any portion 
of the emergency period defined in paragraph (1)(B) of 
section 1135(g) of the Social Security Act (42 U.S.C. 
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1320b–5(g)) beginning on or after the date of the enact-
ment of this Act: 
(1) In vitro diagnostic products (as defined in 
section 809.3(a) of title 21, Code of Federal Regula-
tions) for the detection of SARS–CoV–2 or the diag-
nosis of the virus that causes COVID–19 that are 
approved, cleared, or authorized under section 
510(k), 513, 515 or 564 of the Federal Food, Drug, 
and Cosmetic Act, and the administration of such in 
vitro diagnostic products. 
(2) Items and services furnished to an indi-
vidual during health care provider office visits 
(which term in this paragraph includes in-person vis-
its and telehealth visits), urgent care center visits, 
and emergency room visits that result in an order 
for or administration of an in vitro diagnostic prod-
uct described in paragraph (1), but only to the ex-
tent such items and services relate to the furnishing 
or administration of such product or to the evalua-
tion of such individual for purposes of determining 
the need of such individual for such product. 
(b) ENFORCEMENT.—The provisions of subsection 
(a) shall be applied by the Secretary of Health and Human 
Services, Secretary of Labor, and Secretary of the Treas-
ury to group health plans and health insurance issuers of-
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fering group or individual health insurance coverage as if 
included in the provisions of part A of title XXVII of the 
Public Health Service Act, part 7 of the Employee Retire-
ment Income Security Act of 1974, and subchapter B of 
chapter 100 of the Internal Revenue Code of 1986, as ap-
plicable. 
(c) IMPLEMENTATION.—The Secretary of Health and 
Human Services, Secretary of Labor, and Secretary of the 
Treasury may implement the provisions of this section 
through sub-regulatory guidance, program instruction or 
otherwise. 
(d) TERMS.—The terms ‘‘group health plan’’; ‘‘health 
insurance issuer’’; ‘‘group health insurance coverage’’, and 
‘‘individual health insurance coverage’’ have the meanings 
given such terms in section 2791 of the Public Health 
Service Act (42 U.S.C. 300gg–91), section 733 of the Em-
ployee Retirement Income Security Act of 1974 (29 
U.S.C. 1191b), and section 9832 of the Internal Revenue 
Code of 1986, as applicable. 
SEC. 6002. WAIVING COST SHARING UNDER THE MEDICARE 
PROGRAM FOR CERTAIN VISITS RELATING 
TO TESTING FOR COVID–19. 
(a) IN GENERAL.—Section 1833 of the Social Secu-
rity Act (42 U.S.C. 1395l) is amended— 
(1) in subsection (a)(1)— 
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‘‘(cc) SPECIFIED
COVID–19 TESTING-RELATED 
SERVICES.—For purposes of subsection (a)(1)(DD): 
‘‘(1) DESCRIPTION.— 
‘‘(A) IN GENERAL.—A specified COVID– 
19 testing-related service described in this para-
graph is a medical visit that— 
‘‘(i) is in any of the categories of 
HCPCS evaluation and management serv-
ice codes described in subparagraph (B); 
‘‘(ii) is furnished during any portion 
of the emergency period (as defined in sec-
tion 1135(g)(1)(B)) (beginning on or after 
the date of enactment of this subsection); 
‘‘(iii) results in an order for or admin-
istration of a clinical diagnostic laboratory 
test 
described 
in 
section 
1852(a)(1)(B)(iv)(IV); and 
‘‘(iv) relates to the furnishing or ad-
ministration of such test or to the evalua-
tion of such individual for purposes of de-
termining the need of such individual for 
such test. 
‘‘(B) CATEGORIES OF HCPCS CODES.—For 
purposes of subparagraph (A), the categories of 
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HCPCS evaluation and management services 
codes are the following: 
‘‘(i) Office and other outpatient serv-
ices. 
‘‘(ii) Hospital observation services. 
‘‘(iii) Emergency department services. 
‘‘(iv) Nursing facility services. 
‘‘(v) Domiciliary, rest home, or custo-
dial care services. 
‘‘(vi) Home services. 
‘‘(vii) Online digital evaluation and 
management services. 
‘‘(2) SPECIFIED OUTPATIENT PAYMENT PROVI-
SION.—A specified outpatient payment provision de-
scribed in this paragraph is any of the following: 
‘‘(A) The hospital outpatient prospective 
payment system under subsection (t). 
‘‘(B) The physician fee schedule under sec-
tion 1848. 
‘‘(C) The prospective payment system de-
veloped under section 1834(o). 
‘‘(D) Section 1834(g), with respect to an 
outpatient critical access hospital service. 
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‘‘(E) The payment basis determined in 
regulations pursuant to section 1833(a)(3) for 
rural health clinic services.’’. 
(b) CLAIMS MODIFIER.—The Secretary of Health 
and Human Services shall provide for an appropriate 
modifier (or other identifier) to include on claims to iden-
tify, for purposes of subparagraph (DD) of section 
1833(a)(1), as added by subsection (a), specified COVID– 
19 testing-related services described in paragraph (1) of 
section 1833(cc) of the Social Security Act, as added by 
subsection (a), for which payment may be made under a 
specified outpatient payment provision described in para-
graph (2) of such subsection. 
(c) IMPLEMENTATION.—Notwithstanding any other 
provision of law, the Secretary of Health and Human 
Services may implement the provisions of, including 
amendments made by, this section through program in-
struction or otherwise. 
SECTION 6003. COVERAGE OF TESTING FOR COVID–19 AT 
NO COST SHARING UNDER THE MEDICARE 
ADVANTAGE PROGRAM. 
(a) IN GENERAL.—Section 1852(a)(1)(B) of the So-
cial Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is 
amended— 
(1) in clause (iv)— 
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(A) by redesignating subclause (IV) as 
subclause (VI); and 
(B) by inserting after subclause (III) the 
following new subclauses: 
‘‘(IV) Clinical diagnostic labora-
tory test administered during any por-
tion of the emergency period defined 
in 
paragraph 
(1)(B) 
of 
section 
1135(g) beginning on or after the 
date of the enactment of the Families 
First Coronavirus Response Act for 
the detection of SARS–CoV–2 or the 
diagnosis of the virus that causes 
COVID–19 and the administration of 
such test. 
‘‘(V) Specified COVID–19 test-
ing-related services (as described in 
section 1833(cc)(1)) for which pay-
ment would be payable under a speci-
fied outpatient payment provision de-
scribed in section 1833(cc)(2).’’; 
(2) in clause (v), by inserting ‘‘, other than sub-
clauses (IV) and (V) of such clause,’’ after ‘‘clause 
(iv)’’; and 
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(3) by adding at the end the following new 
clause: 
‘‘(vi) PROHIBITION
OF
APPLICATION 
OF CERTAIN REQUIREMENTS FOR COVID–19 
TESTING.—In the case of a product or 
service described in subclause (IV) or (V), 
respectively, of clause (iv) that is adminis-
tered or furnished during any portion of 
the emergency period described in such 
subclause beginning on or after the date of 
the enactment of this clause, an MA plan 
may not impose any prior authorization or 
other utilization management requirements 
with respect to the coverage of such a 
product or service under such plan.’’. 
(b) IMPLEMENTATION.—Notwithstanding any other 
provision of law, the Secretary of Health and Human 
Services may implement the amendments made by this 
section by program instruction or otherwise. 
SECTION 6004. COVERAGE AT NO COST SHARING OF 
COVID–19 TESTING UNDER MEDICAID AND 
CHIP. 
(a) MEDICAID.— 
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(1) IN GENERAL.—Section 1905(a)(3) of the 
Social Security Act (42 U.S.C. 1396d(a)(3)) is 
amended— 
(A) by striking ‘‘other laboratory’’ and in-
serting ‘‘(A) other laboratory’’; 
(B) by inserting ‘‘and’’ after the semicolon; 
and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(B) in vitro diagnostic products (as defined in 
section 809.3(a) of title 21, Code of Federal Regula-
tions) administered during any portion of the emer-
gency period defined in paragraph (1)(B) of section 
1135(g) beginning on or after the date of the enact-
ment of this subparagraph for the detection of 
SARS–CoV–2 or the diagnosis of the virus that 
causes COVID–19 that are approved, cleared, or au-
thorized under section 510(k), 513, 515 or 564 of 
the Federal Food, Drug, and Cosmetic Act, and the 
administration of such in vitro diagnostic products;’’. 
(2) NO COST SHARING.— 
(A) IN GENERAL.—Subsections (a)(2) and 
(b)(2) of section 1916 of the Social Security 
Act (42 U.S.C. 1396o) are each amended— 
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(i) in subparagraph (D), by striking 
‘‘or’’ at the end; 
(ii) in subparagraph (E), by striking 
‘‘; and’’ and inserting a comma; and 
(iii) by adding at the end the fol-
lowing new subparagraphs: 
‘‘(F) any in vitro diagnostic product de-
scribed in section 1905(a)(3)(B) that is admin-
istered during any portion of the emergency pe-
riod described in such section beginning on or 
after the date of the enactment of this subpara-
graph (and the administration of such product), 
or 
‘‘(G) COVID–19 testing-related services 
for which payment may be made under the 
State plan; and’’. 
(B) APPLICATION TO ALTERNATIVE COST 
SHARING.—Section 1916A(b)(3)(B) of the So-
cial Security Act (42 U.S.C. 1396o–1(b)(3)(B)) 
is amended by adding at the end the following 
new clause: 
‘‘(xi) Any in vitro diagnostic product 
described in section 1905(a)(3)(B) that is 
administered during any portion of the 
emergency period described in such section 
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beginning on or after the date of the enact-
ment of this clause (and the administration 
of such product) and any visit described in 
section 1916(a)(2)(G) that is furnished 
during any such portion.’’. 
(C) 
CLARIFICATION.—The 
amendments 
made this paragraph shall apply with respect to 
a State plan of a territory in the same manner 
as a State plan of one of the 50 States. 
(3) STATE OPTION TO PROVIDE COVERAGE FOR 
UNINSURED INDIVIDUALS.— 
(A) IN GENERAL.—Section 1902(a)(10) of 
the 
Social 
Security 
Act 
(42 
U.S.C. 
1396a(a)(10)) is amended— 
(i) in subparagraph (A)(ii)— 
(I) in subclause (XXI), by strik-
ing ‘‘or’’ at the end; 
(II) in subclause (XXII), by add-
ing ‘‘or’’ at the end; and 
(III) by adding at the end the 
following new subclause: 
‘‘(XXIII) during any portion of 
the emergency period defined in para-
graph (1)(B) of section 1135(g) be-
ginning on or after the date of the en-
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actment of this subclause, who are un-
insured individuals (as defined in sub-
section (ss));’’; and 
(ii) in the matter following subpara-
graph (G)— 
(I) by striking ‘‘and (XVII)’’ and 
inserting ‘‘, (XVII)’’; and 
(II) by inserting after ‘‘instead of 
through subclause (VIII)’’ the fol-
lowing: ‘‘, and (XVIII) the medical as-
sistance made available to an unin-
sured individual (as defined in sub-
section (ss)) who is eligible for med-
ical assistance only because of sub-
paragraph (A)(ii)(XXIII) shall be lim-
ited to medical assistance for any in 
vitro diagnostic product described in 
section 1905(a)(3)(B) that is adminis-
tered during any portion of the emer-
gency period described in such section 
beginning on or after the date of the 
enactment of this subclause (and the 
administration of such product) and 
any 
visit 
described 
in 
section 
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1916(a)(2)(G) that is furnished dur-
ing any such portion’’. 
(B) RECEIPT AND INITIAL PROCESSING OF 
APPLICATIONS
AT
CERTAIN
LOCATIONS.—Sec-
tion 1902(a)(55) of the Social Security Act (42 
U.S.C. 1396a(a)(55)) is amended, in the matter 
preceding subparagraph (A), by striking ‘‘or 
(a)(10)(A)(ii)(IX)’’ 
and 
inserting 
‘‘(a)(10)(A)(ii)(IX), or (a)(10)(A)(ii)(XXIII)’’. 
(C) UNINSURED INDIVIDUAL DEFINED.— 
Section 1902 of the Social Security Act (42 
U.S.C. 1396a) is amended by adding at the end 
the following new subsection: 
‘‘(ss) UNINSURED INDIVIDUAL DEFINED.—For pur-
poses of this section, the term ‘uninsured individual’ 
means, notwithstanding any other provision of this title, 
any individual who is— 
‘‘(1) not described in subsection (a)(10)(A)(i); 
and 
‘‘(2) not enrolled in a Federal health care pro-
gram (as defined in section 1128B(f)), a group 
health plan, group or individual health insurance 
coverage offered by a health insurance issuer (as 
such terms are defined in section 2791 of the Public 
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Health Service Act), or a health plan offered under 
chapter 89 of title 5, United States Code.’’. 
(D) FEDERAL MEDICAL ASSISTANCE PER-
CENTAGE.—Section 1905(b) of the Social Secu-
rity Act (42 U.S.C. 1396d(b)) is amended by 
adding at the end the following new sentence: 
‘‘Notwithstanding the first sentence of this sub-
section, the Federal medical assistance percent-
age shall be 100 per centum with respect to 
(and, notwithstanding any other provision of 
this title, available for) medical assistance pro-
vided to uninsured individuals (as defined in 
section 1902(ss)) who are eligible for such as-
sistance 
only 
on 
the 
basis 
of 
section 
1902(a)(10)(A)(ii)(XXIII) and with respect to 
expenditures described in section 1903(a)(7) 
that a State demonstrates to the satisfaction of 
the Secretary are attributable to administrative 
costs related to providing for such medical as-
sistance to such individuals under the State 
plan.’’. 
(b) CHIP.— 
(1) IN GENERAL.—Section 2103(c) of the So-
cial Security Act (42 U.S.C. 1397cc(c)) is amended 
by adding at the end the following paragraph: 
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‘‘(10) CERTAIN
IN
VITRO
DIAGNOSTIC
PROD-
UCTS FOR COVID–19 TESTING.—The child health as-
sistance provided to a targeted low-income child 
shall include coverage of any in vitro diagnostic 
product described in section 1905(a)(3)(B) that is 
administered during any portion of the emergency 
period described in such section beginning on or 
after the date of the enactment of this subparagraph 
(and the administration of such product).’’. 
(2) COVERAGE
FOR
TARGETED
LOW-INCOME 
PREGNANT WOMEN.—Section 2112(b)(4) of the So-
cial Security Act (42 U.S.C. 1397ll(b)(4)) is amend-
ed by inserting ‘‘under section 2103(c)’’ after ‘‘same 
requirements’’. 
(3) PROHIBITION OF COST SHARING.—Section 
2103(e)(2) of the Social Security Act (42 U.S.C. 
1397cc(e)(2)) is amended— 
(A) in the paragraph header, by inserting 
‘‘, COVID–19 TESTING,’’ before ‘‘OR PREGNANCY- 
RELATED ASSISTANCE’’; and 
(B) by striking ‘‘category of services de-
scribed in subsection (c)(1)(D) or’’ and insert-
ing ‘‘categories of services described in sub-
section (c)(1)(D), in vitro diagnostic products 
described in subsection (c)(10) (and administra-
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tion of such products), visits described in sec-
tion 1916(a)(2)(G), or’’. 
SEC. 6005. TREATMENT OF PERSONAL RESPIRATORY PRO-
TECTIVE DEVICES AS COVERED COUNTER-
MEASURES. 
Section 319F–3(i)(1) of the Public Health Service 
Act (42 U.S.C. 247d–6d(i)(1)) is amended— 
(1) in subparagraph (B), by striking ‘‘or’’ at 
the end; and 
(2) in subparagraph (C), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(D) a personal respiratory protective de-
vice that is— 
‘‘(i) approved by the National Insti-
tute for Occupational Safety and Health 
under part 84 of title 42, Code of Federal 
Regulations (or successor regulations); 
‘‘(ii) subject to the emergency use au-
thorization issued by the Secretary on 
March 2, 2020, or subsequent emergency 
use authorizations, pursuant to section 564 
of the Federal Food, Drug, and Cosmetic 
Act (authorizing emergency use of personal 
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respiratory protective devices during the 
COVID–19 outbreak); and 
‘‘(iii) used during the period begin-
ning on January 27, 2020, and ending on 
October 1, 2024, in response to the public 
health emergency declared on January 31, 
2020, pursuant to section 319 as a result 
of 
confirmed 
cases 
of 
2019 
Novel 
Coronavirus (2019-nCoV).’’. 
SEC. 6006. APPLICATION WITH RESPECT TO TRICARE, COV-
ERAGE FOR VETERANS, AND COVERAGE FOR 
FEDERAL CIVILIANS. 
(a) TRICARE.—The Secretary of Defense may not re-
quire any copayment or other cost sharing under chapter 
55 of title 10, United States Code, for in vitro diagnostic 
products described in paragraph (1) of section 6001(a) (or 
the administration of such products) or visits described 
in paragraph (2) of such section furnished during any por-
tion of the emergency period defined in paragraph (1)(B) 
of section 1135(g) of the Social Security Act (42 U.S.C. 
1320b–5(g)) beginning on or after the date of the enact-
ment of this Act. 
(b) VETERANS.—The Secretary of Veterans Affairs 
may not require any copayment or other cost sharing 
under chapter 17 of title 38, United States Code, for in 
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vitro diagnostic products described in paragraph (1) of 
section 6001(a) (or the administration of such products) 
or visits described in paragraph (2) of such section fur-
nished during any portion of the emergency period defined 
in paragraph (1)(B) of section 1135(g) of the Social Secu-
rity Act (42 U.S.C. 1320b–5(g)) beginning on or after the 
date of the enactment of this Act. 
(c) FEDERAL CIVILIANS.—No copayment or other 
cost sharing may be required for any individual occupying 
a position in the civil service (as that term is defined in 
section 2101(1) of title 5, United States Code) enrolled 
in a health benefits plan, including any plan under chapter 
89 of title 5, United States Code, or for any other indi-
vidual currently enrolled in any plan under chapter 89 of 
title 5 for in vitro diagnostic products described in para-
graph (1) of section 6001(a) (or the administration of 
such products) or visits described in paragraph (2) of such 
section furnished during any portion of the emergency pe-
riod defined in paragraph (1)(B) of section 1135(g) of the 
Social Security Act (42 U.S.C. 1320b–5(g)) beginning on 
or after the date of the enactment of this Act. 
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SEC. 6007. COVERAGE OF TESTING FOR COVID–19 AT NO 
COST SHARING FOR INDIANS RECEIVING 
PURCHASED/REFERRED CARE. 
The Secretary of Health and Human Services shall 
cover, without the imposition of any cost sharing require-
ments, the cost of providing any COVID–19 related items 
and services as described in paragraph (1) of section 
6001(a) (or the administration of such products) or visits 
described in paragraph (2) of such section furnished dur-
ing any portion of the emergency period defined in para-
graph (1)(B) of section 1135(g) of the Social Security Act 
(42 U.S.C. 320b–5(g)) beginning on or after the date of 
the enactment of this Act to Indians (as defined in section 
4 of the Indian Health Care Improvement Act (25 U.S.C. 
1603)) receiving health services through the Indian Health 
Service, including through an Urban Indian Organization, 
regardless of whether such items or services have been au-
thorized under the purchased/referred care system funded 
by the Indian Health Service or is covered as a health 
service of the Indian Health Service. 
SEC. 6008. TEMPORARY INCREASE OF MEDICAID FMAP. 
(a) IN GENERAL.—Subject to subsection (b), for each 
calendar quarter occurring during the period beginning on 
the first day of the emergency period defined in paragraph 
(1)(B) of section 1135(g) of the Social Security Act (42 
U.S.C. 1320b–5(g)) and ending on the last day of the cal-
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endar quarter in which the last day of such emergency 
period occurs, the Federal medical assistance percentage 
determined for each State, including the District of Co-
lumbia, American Samoa, Guam, the Commonwealth of 
the Northern Mariana Islands, Puerto Rico, and the 
United States Virgin Islands, under section 1905(b) of the 
Social Security Act (42 U.S.C. 1396d(b)) shall be in-
creased by 6.2 percentage points. 
(b) REQUIREMENT FOR ALL STATES.—A State de-
scribed in subsection (a) may not receive the increase de-
scribed in such subsection in the Federal medical assist-
ance percentage for such State, with respect to a quarter, 
if— 
(1) eligibility standards, methodologies, or pro-
cedures under the State plan of such State under 
title XIX of the Social Security Act (42 U.S.C. 1396 
et seq.) (including any waiver under such title or 
section 1115 of such Act (42 U.S.C. 1315)) are 
more restrictive during such quarter than the eligi-
bility standards, methodologies, or procedures, re-
spectively, under such plan (or waiver) as in effect 
on January 1, 2020; 
(2) the amount of any premium imposed by the 
State pursuant to section 1916 or 1916A of such 
Act (42 U.S.C. 1396o, 1396o–1) during such quar-
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ter, with respect to an individual enrolled under such 
plan (or waiver), exceeds the amount of such pre-
mium as of January 1, 2020; 
(3) the State fails to provide that an individual 
who is enrolled for benefits under such plan (or 
waiver) as of the date of enactment of this section 
or enrolls for benefits under such plan (or waiver) 
during the period beginning on such date of enact-
ment and ending the last day of the month in which 
the emergency period described in subsection (a) 
ends shall be treated as eligible for such benefits 
through the end of the month in which such emer-
gency period ends unless the individual requests a 
voluntary termination of eligibility or the individual 
ceases to be a resident of the State; or 
(4) the State does not provide coverage under 
such plan (or waiver), without the imposition of cost 
sharing, during such quarter for any testing services 
and treatments for COVID–19, including vaccines, 
specialized equipment, and therapies. 
(c) REQUIREMENT FOR CERTAIN STATES.—Section 
1905(cc) of the Social Security Act (42 U.S.C. 1396d(cc)) 
is amended by striking the period at the end of the sub-
section and inserting ‘‘and section 6008 of the Families 
First Coronavirus Response Act, except that in applying 
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such treatments to the increases in the Federal medical 
assistance percentage under section 6008 of the Families 
First Coronavirus Response Act, the reference to ‘Decem-
ber 31, 2009’ shall be deemed to be a reference to ‘March 
11, 2020’.’’. 
SEC. 6009. INCREASE IN MEDICAID ALLOTMENTS FOR TER-
RITORIES. 
Section 1108(g) of the Social Security Act (42 U.S.C. 
1308(g)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (B)— 
(i) in clause (i), by striking ‘‘and’’ at 
the end; 
(ii) in clause (ii), by striking ‘‘for each 
of 
fiscal 
years 
2020 
through 
2021, 
$126,000,000;’’ and inserting ‘‘for fiscal 
year 2020, $128,712,500; and’’; and 
(iii) by adding at the end the fol-
lowing new clause: 
‘‘(iii) 
for 
fiscal 
year 
2021, 
$127,937,500;’’; 
(B) in subparagraph (C)— 
(i) in clause (i), by striking ‘‘and’’ at 
the end; 
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(ii) in clause (ii), by striking ‘‘for each 
of 
fiscal 
years 
2020 
through 
2021, 
$127,000,000;’’ and inserting ‘‘for fiscal 
year 2020, $130,875,000; and’’; and 
(iii) by adding at the end the fol-
lowing new clause: 
‘‘(iii) 
for 
fiscal 
year 
2021, 
$129,712,500;’’; 
(C) in subparagraph (D)— 
(i) in clause (i), by striking ‘‘and’’ at 
the end; 
(ii) in clause (ii), by striking ‘‘for each 
of 
fiscal 
years 
2020 
through 
2021, 
$60,000,000; and’’ and inserting ‘‘for fis-
cal year 2020, $63,100,000; and’’; and 
(iii) by adding at the end the fol-
lowing new clause: 
‘‘(iii) 
for 
fiscal 
year 
2021, 
$62,325,000; and’’; and 
(D) in subparagraph (E)— 
(i) in clause (i), by striking ‘‘and’’ at 
the end; 
(ii) in clause (ii), by striking ‘‘for each 
of 
fiscal 
years 
2020 
through 
2021, 
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$84,000,000.’’ and inserting ‘‘for fiscal 
year 2020, $86,325,000; and’’; and 
(iii) by adding at the end the fol-
lowing new clause: 
‘‘(iii) 
for 
fiscal 
year 
2021, 
$85,550,000.’’; and 
(2) in paragraph (6)(A)— 
(A) 
in 
clause 
(i), 
by 
striking 
‘‘$2,623,188,000’’ 
and 
inserting 
‘‘$2,716,188,000’’; and 
(B) 
in 
clause 
(ii), 
by 
striking 
‘‘$2,719,072,000’’ 
and 
inserting 
‘‘$2,809,063,000’’. 
SEC. 6010. CLARIFICATION RELATING TO SECRETARIAL AU-
THORITY 
REGARDING 
MEDICARE 
TELE-
HEALTH 
SERVICES 
FURNISHED 
DURING 
COVID–19 EMERGENCY PERIOD. 
Paragraph (3)(A) of section 1135(g) of the Social Se-
curity Act (42 U.S.C. 1320b–5(g)) is amended to read as 
follows: 
‘‘(A) furnished to such individual, during 
the 3-year period ending on the date such tele-
health service was furnished, an item or service 
that would be considered covered under title 
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XVIII if furnished to an individual entitled to 
benefits or enrolled under such title; or’’. 
DIVISION G—TAX CREDITS FOR 
PAID SICK AND PAID FAMILY 
AND MEDICAL LEAVE 
SEC. 7001. PAYROLL CREDIT FOR REQUIRED PAID SICK 
LEAVE. 
(a) IN GENERAL.—In the case of an employer, there 
shall be allowed as a credit against the tax imposed by 
section 3111(a) or 3221(a) of the Internal Revenue Code 
of 1986 for each calendar quarter an amount equal to 100 
percent of the qualified sick leave wages paid by such em-
ployer with respect to such calendar quarter. 
(b) LIMITATIONS AND REFUNDABILITY.— 
(1) 
WAGES
TAKEN
INTO
ACCOUNT.—The 
amount of qualified sick leave wages taken into ac-
count under subsection (a) with respect to any indi-
vidual shall not exceed $200 ($511 in the case of 
any day any portion of which is paid sick time de-
scribed in paragraph (1), (2), or (3) of section 
5102(a) of the Emergency Paid Sick Leave Act) for 
any day (or portion thereof) for which the individual 
is paid qualified sick leave wages. 
(2) OVERALL LIMITATION ON NUMBER OF DAYS 
TAKEN INTO ACCOUNT.—The aggregate number of 
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days taken into account under paragraph (1) for any 
calendar quarter shall not exceed the excess (if any) 
of— 
(A) 10, over 
(B) the aggregate number of days so taken 
into account for all preceding calendar quarters. 
(3) CREDIT LIMITED TO CERTAIN EMPLOYMENT 
TAXES.—The credit allowed by subsection (a) with 
respect to any calendar quarter shall not exceed the 
tax imposed by section 3111(a) or 3221(a) of such 
Code for such calendar quarter (reduced by any 
credits allowed under subsections (e) and (f) of sec-
tion 3111 of such Code for such quarter) on the 
wages paid with respect to the employment of all 
employees of the employer. 
(4) REFUNDABILITY OF EXCESS CREDIT.— 
(A) IN GENERAL.—If the amount of the 
credit under subsection (a) exceeds the limita-
tion of paragraph (3) for any calendar quarter, 
such excess shall be treated as an overpayment 
that shall be refunded under sections 6402(a) 
and 6413(b) of such Code. 
(B) TREATMENT OF PAYMENTS.—For pur-
poses of section 1324 of title 31, United States 
Code, any amounts due to an employer under 
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this paragraph shall be treated in the same 
manner as a refund due from a credit provision 
referred to in subsection (b)(2) of such section. 
(c) QUALIFIED SICK LEAVE WAGES.—For purposes 
of this section, the term ‘‘qualified sick leave wages’’ 
means wages (as defined in section 3121(a) of the Internal 
Revenue Code of 1986) and compensation (as defined in 
section 3231(e) of the Internal Revenue Code) paid by an 
employer which are required to be paid by reason of the 
Emergency Paid Sick Leave Act. 
(d) ALLOWANCE OF CREDIT FOR CERTAIN HEALTH 
PLAN EXPENSES.— 
(1) IN GENERAL.—The amount of the credit al-
lowed under subsection (a) shall be increased by so 
much of the employer’s qualified health plan ex-
penses as are properly allocable to the qualified sick 
leave wages for which such credit is so allowed. 
(2) QUALIFIED HEALTH PLAN EXPENSES.—For 
purposes of this subsection, the term ‘‘qualified 
health plan expenses’’ means amounts paid or in-
curred by the employer to provide and maintain a 
group health plan (as defined in section 5000(b)(1) 
of the Internal Revenue Code of 1986), but only to 
the extent that such amounts are excluded from the 
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gross income of employees by reason of section 
106(a) of such Code. 
(3) ALLOCATION RULES.—For purposes of this 
section, qualified health plan expenses shall be allo-
cated to qualified sick leave wages in such manner 
as the Secretary of the Treasury (or the Secretary’s 
delegate) may prescribe. Except as otherwise pro-
vided by the Secretary, such allocation shall be 
treated as properly made if made on the basis of 
being pro rata among covered employees and pro 
rata on the basis of periods of coverage (relative to 
the time periods of leave to which such wages re-
late). 
(e) SPECIAL RULES.— 
(1) DENIAL OF DOUBLE BENEFIT.—For pur-
poses of chapter 1 of such Code, the gross income 
of the employer, for the taxable year which includes 
the last day of any calendar quarter with respect to 
which a credit is allowed under this section, shall be 
increased by the amount of such credit. Any wages 
taken into account in determining the credit allowed 
under this section shall not be taken into account for 
purposes of determining the credit allowed under 
section 45S of such Code. 
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(2) ELECTION NOT TO HAVE SECTION APPLY.— 
This section shall not apply with respect to any em-
ployer for any calendar quarter if such employer 
elects (at such time and in such manner as the Sec-
retary of the Treasury (or the Secretary’s delegate) 
may prescribe) not to have this section apply. 
(3) CERTAIN TERMS.—Any term used in this 
section which is also used in chapter 21 of such 
Code shall have the same meaning as when used in 
such chapter. 
(4) CERTAIN
GOVERNMENTAL
EMPLOYERS.— 
This credit shall not apply to the Government of the 
United States, the government of any State or polit-
ical subdivision thereof, or any agency or instrumen-
tality of any of the foregoing. 
(f) REGULATIONS.—The Secretary of the Treasury 
(or the Secretary’s delegate) shall prescribe such regula-
tions or other guidance as may be necessary to carry out 
the purposes of this section, including— 
(1) regulations or other guidance to prevent the 
avoidance of the purposes of the limitations under 
this section, 
(2) regulations or other guidance to minimize 
compliance and record-keeping burdens under this 
section, 
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(3) regulations or other guidance providing for 
waiver of penalties for failure to deposit amounts in 
anticipation of the allowance of the credit allowed 
under this section, 
(4) regulations or other guidance for recap-
turing the benefit of credits determined under this 
section in cases where there is a subsequent adjust-
ment to the credit determined under subsection (a), 
and 
(5) regulations or other guidance to ensure that 
the wages taken into account under this section con-
form with the paid sick time required to be provided 
under the Emergency Paid Sick Leave Act. 
(g) APPLICATION OF SECTION.—This section shall 
apply only to wages paid with respect to the period begin-
ning on a date selected by the Secretary of the Treasury 
(or the Secretary’s delegate) which is during the 15-day 
period beginning on the date of the enactment of this Act, 
and ending on December 31, 2020. 
(h) TRANSFERS TO FEDERAL OLD-AGE AND SUR-
VIVORS INSURANCE TRUST FUND.—There are hereby ap-
propriated to the Federal Old-Age and Survivors Insur-
ance Trust Fund and the Federal Disability Insurance 
Trust Fund established under section 201 of the Social 
Security Act (42 U.S.C. 401) and the Social Security 
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Equivalent Benefit Account established under section 
15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 
231n–1(a)) amounts equal to the reduction in revenues 
to the Treasury by reason of this section (without regard 
to this subsection). Amounts appropriated by the pre-
ceding sentence shall be transferred from the general fund 
at such times and in such manner as to replicate to the 
extent possible the transfers which would have occurred 
to such Trust Fund or Account had this section not been 
enacted. 
SEC. 7002. CREDIT FOR SICK LEAVE FOR CERTAIN SELF- 
EMPLOYED INDIVIDUALS. 
(a) CREDIT AGAINST SELF-EMPLOYMENT TAX.—In 
the case of an eligible self-employed individual, there shall 
be allowed as a credit against the tax imposed by subtitle 
A of the Internal Revenue Code of 1986 for any taxable 
year an amount equal to the qualified sick leave equivalent 
amount with respect to the individual. 
(b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—For 
purposes of this section, the term ‘‘eligible self-employed 
individual’’ means an individual who— 
(1) regularly carries on any trade or business 
within the meaning of section 1402 of such Code, 
and 
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(2) would be entitled to receive paid leave dur-
ing the taxable year pursuant to the Emergency 
Paid Sick Leave Act if the individual were an em-
ployee of an employer (other than himself or her-
self). 
(c) 
QUALIFIED
SICK
LEAVE
EQUIVALENT 
AMOUNT.—For purposes of this section— 
(1) IN
GENERAL.—The term ‘‘qualified sick 
leave equivalent amount’’ means, with respect to any 
eligible self-employed individual, an amount equal 
to— 
(A) the number of days during the taxable 
year (but not more than the applicable number 
of days) that the individual is unable to per-
form services in any trade or business referred 
to in section 1402 of such Code for a reason 
with respect to which such individual would be 
entitled to receive sick leave as described in 
subsection (b), multiplied by 
(B) the lesser of— 
(i) $200 ($511 in the case of any day 
of paid sick time described in paragraph 
(1), (2), or (3) of section 5102(a) of the 
Emergency Paid Sick Leave Act), or 
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(ii) 67 percent (100 percent in the 
case of any day of paid sick time described 
in paragraph (1), (2), or (3) of section 
5102(a) of the Emergency Paid Sick Leave 
Act) of the average daily self-employment 
income of the individual for the taxable 
year. 
(2) AVERAGE
DAILY
SELF-EMPLOYMENT
IN-
COME.—For purposes of this subsection, the term 
‘‘average daily self-employment income’’ means an 
amount equal to— 
(A) the net earnings from self-employment 
of the individual for the taxable year, divided by 
(B) 260. 
(3) APPLICABLE NUMBER OF DAYS.—For pur-
poses of this subsection, the term ‘‘applicable num-
ber of days’’ means, with respect to any taxable 
year, the excess (if any) of 10 days over the number 
of days taken into account under paragraph (1)(A) 
in all preceding taxable years. 
(d) SPECIAL RULES.— 
(1) CREDIT REFUNDABLE.— 
(A) IN GENERAL.—The credit determined 
under this section shall be treated as a credit 
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allowed to the taxpayer under subpart C of part 
IV of subchapter A of chapter 1 of such Code. 
(B) TREATMENT OF PAYMENTS.—For pur-
poses of section 1324 of title 31, United States 
Code, any refund due from the credit deter-
mined under this section shall be treated in the 
same manner as a refund due from a credit 
provision referred to in subsection (b)(2) of 
such section. 
(2) DOCUMENTATION.—No credit shall be al-
lowed under this section unless the individual main-
tains such documentation as the Secretary of the 
Treasury (or the Secretary’s delegate) may prescribe 
to establish such individual as an eligible self-em-
ployed individual. 
(3) DENIAL OF DOUBLE BENEFIT.—In the case 
of an individual who receives wages (as defined in 
section 3121(a) of the Internal Revenue Code of 
1986) or compensation (as defined in section 
3231(e) of the Internal Revenue Code) paid by an 
employer which are required to be paid by reason of 
the Emergency Paid Sick Leave Act, the qualified 
sick leave equivalent amount otherwise determined 
under subsection (c) shall be reduced (but not below 
zero) to the extent that the sum of the amount de-
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scribed in such subsection and in section 7001(b)(1) 
exceeds $2,000 ($5,110 in the case of any day any 
portion of which is paid sick time described in para-
graph (1), (2), or (3) of section 5102(a) of the 
Emergency Paid Sick Leave Act). 
(4) CERTAIN TERMS.—Any term used in this 
section which is also used in chapter 2 of the Inter-
nal Revenue Code of 1986 shall have the same 
meaning as when used in such chapter. 
(e) APPLICATION OF SECTION.—Only days occurring 
during the period beginning on a date selected by the Sec-
retary of the Treasury (or the Secretary’s delegate) which 
is during the 15-day period beginning on the date of the 
enactment of this Act, and ending on December 31, 2020, 
may be taken into account under subsection (c)(1)(A). 
(f) APPLICATION OF CREDIT IN CERTAIN POSSES-
SIONS.— 
(1) PAYMENTS TO POSSESSIONS WITH MIRROR 
CODE TAX SYSTEMS.—The Secretary of the Treas-
ury (or the Secretary’s delegate) shall pay to each 
possession of the United States which has a mirror 
code tax system amounts equal to the loss (if any) 
to that possession by reason of the application of the 
provisions of this section. Such amounts shall be de-
termined by the Secretary of the Treasury (or the 
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Secretary’s delegate) based on information provided 
by the government of the respective possession. 
(2) PAYMENTS TO OTHER POSSESSIONS.—The 
Secretary of the Treasury (or the Secretary’s dele-
gate) shall pay to each possession of the United 
States which does not have a mirror code tax system 
amounts estimated by the Secretary of the Treasury 
(or the Secretary’s delegate) as being equal to the 
aggregate benefits (if any) that would have been 
provided to residents of such possession by reason of 
the provisions of this section if a mirror code tax 
system had been in effect in such possession. The 
preceding sentence shall not apply unless the respec-
tive possession has a plan, which has been approved 
by the Secretary of the Treasury (or the Secretary’s 
delegate), under which such possession will promptly 
distribute such payments to its residents. 
(3) MIRROR CODE TAX SYSTEM.—For purposes 
of this section, the term ‘‘mirror code tax system’’ 
means, with respect to any possession of the United 
States, the income tax system of such possession if 
the income tax liability of the residents of such pos-
session under such system is determined by ref-
erence to the income tax laws of the United States 
as if such possession were the United States. 
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(4) TREATMENT OF PAYMENTS.—For purposes 
of section 1324 of title 31, United States Code, the 
payments under this section shall be treated in the 
same manner as a refund due from a credit provi-
sion referred to in subsection (b)(2) of such section. 
(g) REGULATIONS.—The Secretary of the Treasury 
(or the Secretary’s delegate) shall prescribe such regula-
tions or other guidance as may be necessary to carry out 
the purposes of this section, including— 
(1) regulations or other guidance to effectuate 
the purposes of this Act, and 
(2) regulations or other guidance to minimize 
compliance and record-keeping burdens under this 
section. 
SEC. 7003. PAYROLL CREDIT FOR REQUIRED PAID FAMILY 
LEAVE. 
(a) IN GENERAL.—In the case of an employer, there 
shall be allowed as a credit against the tax imposed by 
section 3111(a) or 3221(a) of the Internal Revenue Code 
of 1986 for each calendar quarter an amount equal to 100 
percent of the qualified family leave wages paid by such 
employer with respect to such calendar quarter. 
(b) LIMITATIONS AND REFUNDABILITY.— 
(1) 
WAGES
TAKEN
INTO
ACCOUNT.—The 
amount of qualified family leave wages taken into 
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account under subsection (a) with respect to any in-
dividual shall not exceed— 
(A) for any day (or portion thereof) for 
which the individual is paid qualified family 
leave wages, $200, and 
(B) in the aggregate with respect to all 
calendar quarters, $10,000. 
(2) CREDIT LIMITED TO CERTAIN EMPLOYMENT 
TAXES.—The credit allowed by subsection (a) with 
respect to any calendar quarter shall not exceed the 
tax imposed by section 3111(a) or 3221(a) of such 
Code for such calendar quarter (reduced by any 
credits allowed under subsections (e) and (f) of sec-
tion 3111 of such Code, and section 7001 of this 
Act, for such quarter) on the wages paid with re-
spect to the employment of all employees of the em-
ployer. 
(3) REFUNDABILITY
OF
EXCESS
CREDIT.—If 
the amount of the credit under subsection (a) ex-
ceeds the limitation of paragraph (2) for any cal-
endar quarter, such excess shall be treated as an 
overpayment that shall be refunded under sections 
6402(a) and 6413(b) of such Code. 
(c) QUALIFIED FAMILY LEAVE WAGES.—For pur-
poses of this section, the term ‘‘qualified family leave 
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wages’’ means wages (as defined in section 3121(a) of 
such Code) and compensation (as defined in section 
3231(e) of the Internal Revenue Code) paid by an em-
ployer which are required to be paid by reason of the 
Emergency Family and Medical Leave Expansion Act (in-
cluding the amendments made by such Act). 
(d) ALLOWANCE OF CREDIT FOR CERTAIN HEALTH 
PLAN EXPENSES.— 
(1) IN GENERAL.—The amount of the credit al-
lowed under subsection (a) shall be increased by so 
much of the employer’s qualified health plan ex-
penses as are properly allocable to the qualified fam-
ily leave wages for which such credit is so allowed. 
(2) QUALIFIED HEALTH PLAN EXPENSES.—For 
purposes of this subsection, the term ‘‘qualified 
health plan expenses’’ means amounts paid or in-
curred by the employer to provide and maintain a 
group health plan (as defined in section 5000(b)(1) 
of the Internal Revenue Code of 1986), but only to 
the extent that such amounts are excluded from the 
gross income of employees by reason of section 
106(a) of such Code. 
(3) ALLOCATION RULES.—For purposes of this 
section, qualified health plan expenses shall be allo-
cated to qualified family leave wages in such manner 
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as the Secretary of the Treasury (or the Secretary’s 
delegate) may prescribe. Except as otherwise pro-
vided by the Secretary, such allocation shall be 
treated as properly made if made on the basis of 
being pro rata among covered employees and pro 
rata on the basis of periods of coverage (relative to 
the time periods of leave to which such wages re-
late). 
(e) SPECIAL RULES.— 
(1) DENIAL OF DOUBLE BENEFIT.—For pur-
poses of chapter 1 of such Code, the gross income 
of the employer, for the taxable year which includes 
the last day of any calendar quarter with respect to 
which a credit is allowed under this section, shall be 
increased by the amount of such credit. Any wages 
taken into account in determining the credit allowed 
under this section shall not be taken into account for 
purposes of determining the credit allowed under 
section 45S of such Code . 
(2) ELECTION NOT TO HAVE SECTION APPLY.— 
This section shall not apply with respect to any em-
ployer for any calendar quarter if such employer 
elects (at such time and in such manner as the Sec-
retary of the Treasury (or the Secretary’s delegate) 
may prescribe) not to have this section apply. 
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100 
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(3) CERTAIN TERMS.—Any term used in this 
section which is also used in chapter 21 of such 
Code shall have the same meaning as when used in 
such chapter. 
(4) CERTAIN
GOVERNMENTAL
EMPLOYERS.— 
This credit shall not apply to the Government of the 
United States, the government of any State or polit-
ical subdivision thereof, or any agency or instrumen-
tality of any of the foregoing. 
(f) REGULATIONS.—The Secretary of the Treasury 
(or the Secretary’s delegate) shall prescribe such regula-
tions or other guidance as may be necessary to carry out 
the purposes of this section, including— 
(1) regulations or other guidance to prevent the 
avoidance of the purposes of the limitations under 
this section, 
(2) regulations or other guidance to minimize 
compliance and record-keeping burdens under this 
section, 
(3) regulations or other guidance providing for 
waiver of penalties for failure to deposit amounts in 
anticipation of the allowance of the credit allowed 
under this section, 
(4) regulations or other guidance for recap-
turing the benefit of credits determined under this 
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101 
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section in cases where there is a subsequent adjust-
ment to the credit determined under subsection (a), 
and 
(5) regulations or other guidance to ensure that 
the wages taken into account under this section con-
form with the paid leave required to be provided 
under the Emergency Family and Medical Leave Ex-
pansion Act (including the amendments made by 
such Act). 
(g) APPLICATION OF SECTION.—This section shall 
apply only to wages paid with respect to the period begin-
ning on a date selected by the Secretary of the Treasury 
(or the Secretary’s delegate) which is during the 15-day 
period beginning on the date of the enactment of this Act, 
and ending on December 31, 2020. 
(h) TRANSFERS TO FEDERAL OLD-AGE AND SUR-
VIVORS INSURANCE TRUST FUND.—There are hereby ap-
propriated to the Federal Old-Age and Survivors Insur-
ance Trust Fund and the Federal Disability Insurance 
Trust Fund established under section 201 of the Social 
Security Act (42 U.S.C. 401) and the Social Security 
Equivalent Benefit Account established under section 
15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 
231n–1(a)) amounts equal to the reduction in revenues 
to the Treasury by reason of this section (without regard 
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102 
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to this subsection). Amounts appropriated by the pre-
ceding sentence shall be transferred from the general fund 
at such times and in such manner as to replicate to the 
extent possible the transfers which would have occurred 
to such Trust Fund or Account had this section not been 
enacted. 
SEC. 7004. CREDIT FOR FAMILY LEAVE FOR CERTAIN SELF- 
EMPLOYED INDIVIDUALS. 
(a) CREDIT AGAINST SELF-EMPLOYMENT TAX.—In 
the case of an eligible self-employed individual, there shall 
be allowed as a credit against the tax imposed by subtitle 
A of the Internal Revenue Code of 1986 for any taxable 
year an amount equal to 100 percent of the qualified fam-
ily leave equivalent amount with respect to the individual. 
(b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—For 
purposes of this section, the term ‘‘eligible self-employed 
individual’’ means an individual who— 
(1) regularly carries on any trade or business 
within the meaning of section 1402 of such Code, 
and 
(2) would be entitled to receive paid leave dur-
ing the taxable year pursuant to the Emergency 
Family and Medical Leave Expansion Act if the in-
dividual were an employee of an employer (other 
than himself or herself). 
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103 
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(c) 
QUALIFIED
FAMILY
LEAVE
EQUIVALENT 
AMOUNT.—For purposes of this section— 
(1) IN GENERAL.—The term ‘‘qualified family 
leave equivalent amount’’ means, with respect to any 
eligible self-employed individual, an amount equal to 
the product of— 
(A) the number of days (not to exceed 50) 
during the taxable year that the individual is 
unable to perform services in any trade or busi-
ness referred to in section 1402 of such Code 
for a reason with respect to which such indi-
vidual would be entitled to receive paid leave as 
described in subsection (b), multiplied by 
(B) the lesser of— 
(i) 67 percent of the average daily 
self-employment income of the individual 
for the taxable year, or 
(ii) $200. 
(2) AVERAGE
DAILY
SELF-EMPLOYMENT
IN-
COME.—For purposes of this subsection, the term 
‘‘average daily self-employment income’’ means an 
amount equal to— 
(A) the net earnings from self-employment 
income of the individual for the taxable year, 
divided by 
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(B) 260. 
(d) SPECIAL RULES.— 
(1) CREDIT REFUNDABLE.— 
(A) IN GENERAL.—The credit determined 
under this section shall be treated as a credit 
allowed to the taxpayer under subpart C of part 
IV of subchapter A of chapter 1 of such Code. 
(B) TREATMENT OF PAYMENTS.—For pur-
poses of section 1324 of title 31, United States 
Code, any refund due from the credit deter-
mined under this section shall be treated in the 
same manner as a refund due from a credit 
provision referred to in subsection (b)(2) of 
such section. 
(2) DOCUMENTATION.—No credit shall be al-
lowed under this section unless the individual main-
tains such documentation as the Secretary of the 
Treasury (or the Secretary’s delegate) may prescribe 
to establish such individual as an eligible self-em-
ployed individual. 
(3) DENIAL OF DOUBLE BENEFIT.—In the case 
of an individual who receives wages (as defined in 
section 3121(a) of the Internal Revenue Code of 
1986) or compensation (as defined in section 
3231(e) of the Internal Revenue Code) paid by an 
VerDate Sep 11 2014 
22:33 Mar 19, 2020
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