and the waiting week, and directly or indirectly re-
lieving benefit charges for claimants and employers 
directly impacted by COVID–19 due to an illness in 
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. 
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‘‘(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-
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 (including with respect to work 
search, waiting week, good cause, and employer experience 
rating) on an emergency temporary basis as needed to re-
spond 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). 
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SEC. 103. 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-
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. 104. 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. 105. 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 
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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 
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. 
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(d) REGULATIONS.—The Secretary of Labor may 
prescribe any operating instructions or regulations nec-
essary to carry out this section. 
DIVISION F—PAID SICK DAYS 
FOR PUBLIC HEALTH EMER-
GENCIES AND PERSONAL AND 
FAMILY CARE 
SEC. 101. SHORT TITLE. 
This division may be cited as the ‘‘Paid Sick Days 
for Public Health Emergencies and Personal and Family 
Care Act’’. 
SEC. 102. DEFINITIONS. 
In this Act: 
(1) CHILD.—The term ‘‘child’’ means a biologi-
cal, foster, or adopted child, a stepchild, a child of 
a domestic partner, a legal ward, or a child of a per-
son standing in loco parentis. 
(2) DOMESTIC PARTNER.— 
(A) IN
GENERAL.—The term ‘‘domestic 
partner’’, with respect to an individual, means 
another individual with whom the individual is 
in a committed relationship. 
(B) 
COMMITTED
RELATIONSHIP
DE-
FINED.—The term ‘‘committed relationship’’ 
means a relationship between 2 individuals, 
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each at least 18 years of age, in which each in-
dividual is the other individual’s sole domestic 
partner and both individuals share responsi-
bility for a significant measure of each other’s 
common welfare. The term includes any such 
relationship between 2 individuals, including in-
dividuals of the same sex, that is granted legal 
recognition by a State or political subdivision of 
a State as a marriage or analogous relationship, 
including a civil union or domestic partnership. 
(3) DOMESTIC VIOLENCE.—The term ‘‘domestic 
violence’’ has the meaning given the term in section 
40002(a) of the Violence Against Women Act of 
1994 (34 U.S.C. 12291(a)), except that the ref-
erence in such section to the term ‘‘jurisdiction re-
ceiving grant monies’’ shall be deemed to mean the 
jurisdiction in which the victim lives or the jurisdic-
tion in which the employer involved is located. Such 
term also includes dating violence, as that term is 
defined in such section. 
(4) EMPLOYEE.—The term ‘‘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 
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subparagraph (E), including such an employee 
of the Library of Congress, except that a ref-
erence in such section to an employer shall be 
considered to be a reference to an employer de-
scribed 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)); 
(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; or 
(E) a Federal officer or employee covered 
under subchapter V of chapter 63 of title 5, 
United States Code. 
(5) EMPLOYER.— 
(A) IN GENERAL.—The term ‘‘employer’’ 
means a person who is— 
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(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; 
(IV) an employing office, as defined in 
section 411(c) of title 3, United States 
Code; or 
(V) an employing agency covered 
under subchapter V of chapter 63 of title 
5, United States Code; 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-
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ity affecting commerce who employs 1 
or more employees; 
(II) includes— 
(aa) any person who acts, 
directly or indirectly, in the inter-
est of an employer to any of the 
employees of such employer; 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: 
(I) 
COMMERCE.—The 
terms 
‘‘commerce’’ and ‘‘industry or activity 
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affecting commerce’’ mean 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, 
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)). 
(C) PREDECESSORS.—Any reference in 
this paragraph to an employer shall include a 
reference to any predecessor of such employer. 
(6) EMPLOYMENT BENEFITS.—The term ‘‘em-
ployment benefits’’ means all benefits provided or 
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made available to employees by an employer, includ-
ing group life insurance, health insurance, disability 
insurance, sick leave, annual leave, educational bene-
fits, and pensions, regardless of whether such bene-
fits are provided by a practice or written policy of 
an employer or through an ‘‘employee benefit plan’’, 
as defined in section 3(3) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 
1002(3)). 
(7) HEALTH
CARE
PROVIDER.—The term 
‘‘health care provider’’ means a provider who— 
(A)(i) is a doctor of medicine or osteopathy 
who is authorized to practice medicine or sur-
gery (as appropriate) by the State in which the 
doctor practices; or 
(ii) is any other person determined by the 
Secretary to be capable of providing health care 
services; and 
(B) is not employed by an employer for 
whom the provider issues certification under 
this Act. 
(8) PAID
SICK
TIME.—The term ‘‘paid sick 
time’’ means an increment of compensated leave 
that— 
(A) can be— 
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son who stood in loco parentis to an employee when 
the employee was a child. 
(10) PUBLIC HEALTH EMERGENCY.—The term 
‘‘public health emergency’’ means a public health 
emergency— 
(A) declared by the Secretary of Health 
and Human Services for a jurisdiction, or by a 
State public health official with authority to de-
clare such an emergency for the State or juris-
diction within the State; and 
(B) due to a public health condition that 
is— 
(i) emergent and acute; and 
(ii) not a longstanding, chronic public 
health condition. 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Labor. 
(12) SEXUAL ASSAULT.—The term ‘‘sexual as-
sault’’ has the meaning given the term in section 
40002(a) of the Violence Against Women Act of 
1994 (34 U.S.C. 12291(a)). 
(13) SPOUSE.—The term ‘‘spouse’’, with re-
spect to an employee, has the meaning given such 
term by the marriage laws of the State in which the 
marriage was celebrated. 
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(14) STALKING.—The term ‘‘stalking’’ has the 
meaning given the term in section 40002(a) of the 
Violence Against Women Act of 1994 (34 U.S.C. 
12291(a)). 
(15) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 3 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203). 
(16) VICTIM
SERVICES
ORGANIZATION.—The 
term ‘‘victim services organization’’ means a non-
profit, nongovernmental organization that provides 
assistance to victims of domestic violence, sexual as-
sault, or stalking or advocates for such victims, in-
cluding a rape crisis center, an organization carrying 
out a domestic violence, sexual assault, or stalking 
prevention or treatment program, an organization 
operating a shelter or providing counseling services, 
or a legal services organization or other organization 
providing assistance through the legal process. 
SEC. 103. PAID SICK TIME. 
(a) EARNING OF PAID SICK TIME.— 
(1) IN GENERAL.— 
(A) EARNING.—Subject to subsection (c) 
and paragraph (2), an employer shall provide 
each employee employed by the employer not 
less than 1 hour of earned paid sick time for 
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every 30 hours worked, to be used as described 
in subsection (b). 
(B) LIMIT.—An employer shall not be re-
quired to permit an employee to earn, under 
this subsection, more than 56 hours of paid sick 
time in a year, unless the employer chooses to 
set a higher limit. 
(2) EXEMPT EMPLOYEES.— 
(A) IN GENERAL.—Except as provided in 
paragraph (3), for purposes of this subsection, 
an employee who is exempt from overtime re-
quirements under section 13(a)(1) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 
213(a)(1)) shall be assumed to work 40 hours 
in each workweek. 
(B) SHORTER
NORMAL
WORKWEEK.—If 
the normal workweek of such an employee is 
less than 40 hours, the employee shall earn 
paid sick time under this subsection based upon 
that normal workweek. 
(3) DATES FOR BEGINNING TO EARN PAID SICK 
TIME AND USE.— 
(A) IN GENERAL.—Employees shall begin 
to earn paid sick time under this subsection at 
the commencement of their employment. An 
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employee shall be entitled to use the earned 
paid sick time beginning on the 60th calendar 
day following commencement of the employee’s 
employment. After that 60th calendar day, the 
employee may use the paid sick time as the 
time is earned. An employer may, at the discre-
tion of the employer, loan paid sick time to an 
employee for use by such employee in advance 
of the employee earning such sick time as pro-
vided in this subsection and may permit use be-
fore the 60th day of employment. 
(B) PUBLIC HEALTH EMERGENCY.—Sub-
paragraph (A) shall not apply with respect to 
additional paid sick time provided under sub-
section (c). In the event of a public health 
emergency, an employee may immediately use 
the additional or accrued paid sick time de-
scribed in subsection (c), regardless of how long 
the employee has been employed by an em-
ployer. 
(4) CARRYOVER.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), paid sick time earned under 
this subsection shall carry over from 1 year to 
the next. 
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(B) 
CONSTRUCTION.—This 
subsection 
shall not be construed to require an employer to 
permit an employee to earn more than 56 hours 
of earned paid sick time at a given time. 
(5) EMPLOYERS
WITH
EXISTING
POLICIES.— 
Any employer with a paid leave policy who makes 
available an amount of paid leave that is sufficient 
to meet the requirements of this subsection and that 
may be used for the same purposes and under the 
same conditions as the purposes and conditions out-
lined in subsection (b) shall not be required to per-
mit an employee to earn more paid sick time under 
this subsection. 
(6) CONSTRUCTION.—Nothing in this section 
shall be construed as requiring financial or other re-
imbursement to an employee from an employer upon 
the employee’s termination, resignation, retirement, 
or other separation from employment for earned 
paid sick time that has not been used. 
(7) EMPLOYMENT
UNDER
MULTIEMPLOYER 
BARGAINING AGREEMENTS.— 
(A) An employer signatory to a multiem-
ployer collective bargaining agreement may ful-
fill its obligations under this Act by making 
contributions to a multiemployer fund, plan or 
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program based on the hours each of its employ-
ees accrues pursuant to this subsection (a) 
while working under the multiemployer collec-
tive bargaining agreement, provided that the 
fund, plan or program enables employees to se-
cure pay from such fund, plan or program 
based on hours they have worked under the 
multiemployer collective bargaining agreement 
and for the uses specified under subsections 
(b)(1), (2), (6) and (7). 
(B) Employees who work under a multiem-
ployer collective bargaining agreement into 
which their employers make contributions as 
provided in subparagraph (A) may secure pay 
from such fund, plan or program based on 
hours they have worked under the multiem-
ployer collective bargaining agreement for the 
uses specified under subsections (b)(1), (2), (6) 
and (7). 
(8) REINSTATEMENT.—If an employee is sepa-
rated from employment with an employer and is re-
hired, within 12 months after that separation, by the 
same employer, the employer shall reinstate the em-
ployee’s previously earned paid sick time under this 
subsection. The employee shall be entitled to use the 
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earned paid sick time and earn more paid sick time 
at the recommencement of employment with the em-
ployer. 
(9) PROHIBITION.—An employer may not re-
quire, as a condition of providing paid sick time 
under this Act, that the employee involved search for 
or find a replacement employee to cover the hours 
during which the employee is using paid sick time. 
(10) SCHEDULING.—An employee shall make a 
reasonable effort to schedule a period of accrued 
paid sick time under this subsection in a manner 
that does not unduly disrupt the operations of the 
employer. 
(b) USES.—Paid sick time under this section may be 
used by an employee for any of the following: 
(1) An absence resulting from a physical or 
mental illness, injury, or medical condition of the 
employee. 
(2) An absence resulting from obtaining profes-
sional medical diagnosis or care, or preventive med-
ical care, for the employee. 
(3) An absence resulting from the closure of an 
employee’s place of employment by order of a Fed-
eral or State public official with jurisdiction, or at 
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the employer’s discretion, due to a public health 
emergency. 
(4) An absence because a Federal or State pub-
lic official with jurisdiction or a health care provider 
has determined that the employee’s presence in the 
community may jeopardize the health of others be-
cause of the employee’s exposure to a communicable 
disease during a public health emergency, regardless 
of whether the employee has actually contracted the 
communicable disease. 
(5) An absence for the purpose of caring for a 
child, a parent, a spouse, a domestic partner, or any 
other individual related by blood or affinity whose 
close association with the employee is the equivalent 
of a family relationship— 
(A) who is a child, if the child’s school or 
place of care has been closed by order of a Fed-
eral or State public official with jurisdiction or 
at the discretion of the school or place of care 
due to a public health emergency, including if 
a school or entity operating the place of care is 
physically closed but is providing education or 
care to the child remotely; or 
(B) because a Federal or State public offi-
cial with jurisdiction or a health care provider 
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has determined that the presence in the com-
munity of the person receiving care may jeop-
ardize the health of others because of the per-
son’s exposure to a communicable disease dur-
ing a public health emergency, regardless of 
whether the person has actually contracted the 
communicable disease. 
(6) An absence for the purpose of caring for a 
child, a parent, a spouse, a domestic partner, or any 
other individual related by blood or affinity whose 
close association with the employee is the equivalent 
of a family relationship— 
(A) who has any of the conditions or needs 
for diagnosis or care described in paragraph (1) 
or (2); 
(B) who is a child, if the employee is re-
quired to attend a school meeting or a meeting 
at a place where the child is receiving care ne-
cessitated by the child’s health condition or dis-
ability; or 
(C) who is otherwise in need of care. 
(7) An absence resulting from domestic vio-
lence, sexual assault, or stalking, if the time is to— 
(A) seek medical attention for the em-
ployee or the employee’s child, parent, spouse, 
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domestic partner, or an individual related to the 
employee as described in paragraph (6), to re-
cover from physical or psychological injury or 
disability caused by domestic violence, sexual 
assault, or stalking; 
(B) obtain or assist a related person de-
scribed in paragraph (6) in obtaining services 
from a victim services organization; 
(C) obtain or assist a related person de-
scribed in paragraph (6) in obtaining psycho-
logical or other counseling; 
(D) seek relocation; or 
(E) take legal action, including preparing 
for or participating in any civil or criminal legal 
proceeding related to or resulting from domestic 
violence, sexual assault, or stalking. 
(c) ADDITIONAL PAID SICK TIME
FOR PUBLIC 
HEALTH EMERGENCY.— 
(1) ADDITIONAL PAID SICK TIME.—On the date 
of a declaration of a public health emergency, an 
employer in the jurisdiction involved shall provide 
each employee of the employer in that jurisdiction 
with additional paid sick time, in addition to any 
amount of paid sick time accrued by the employee 
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under subsection (a) (including paid leave referred 
to in subsection (a)(4)). 
(2) AMOUNT OF PAID SICK TIME.—In receiving 
additional paid sick time under paragraph (1), the 
employee shall receive— 
(A) for a full-time salaried employee, a 
specified amount of paid sick time that is suffi-
cient to provide the employee with 14 contin-
uous days away from work without a reduction 
in pay; and 
(B) for a part-time or hourly employee, a 
specified amount of paid sick time equal to the 
number of hours that the employee was sched-
uled to work or, if not so scheduled, regularly 
works in a 14-day period. 
(3) USE OF LEAVE.—The additional sick time 
and accrued sick time described in this subsection 
shall be available for immediate use by the employee 
for the purposes described in any paragraph of sub-
section (b) beginning on the date a public health 
emergency is declared, regardless of how long the 
employee has been employed by an employer. 
(4) SEQUENCING.—During the public health 
emergency, an employee may first use the additional 
sick time for those purposes. The employee may then 
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use the accrued sick time during the public health 
emergency, or retain the accrued sick time for use 
after the public health emergency. An employer may 
not require an employee to use the accrued sick 
time, or any other paid leave provided by the em-
ployer to the employee, before using the additional 
sick time. 
(5) PERIODS.—An employee may take the addi-
tional sick time on the schedule that meets the em-
ployee’s needs, consistent with subsection (b), in-
cluding taking the additional sick time intermittently 
or on a reduced leave schedule, and an employer 
may not require an employee to take the additional 
sick time in a single period or on any other schedule 
specified by the employer. 
(6) REIMBURSEMENT FOR WAGES.— 
(A) DEFINITION.—In this paragraph, the 
term ‘‘qualified employer’’ means an employer 
who employs 50 or fewer employees. 
(B) REIMBURSEMENT.—A qualified em-
ployer of an employee who uses additional paid 
sick time under this subsection during a public 
health emergency shall be reimbursed by the 
Secretary of the Treasury for the wages paid to 
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the employee for the period during which the 
employee used the additional paid sick time. 
(C) PROCESS.—To be eligible to receive 
such reimbursement, the qualified employer 
shall submit to the Secretary of Labor an affi-
davit that attests that the employer provided 
such additional paid sick time, and related 
records showing the period of and wages associ-
ated with the additional paid sick time. On the 
Secretary’s determination that the employer 
provided an amount of such additional paid sick 
time to an employee, the Secretary shall trans-
mit the affidavit and records to the Secretary of 
the Treasury, and that Secretary shall provide 
timely reimbursement. 
(d) PROCEDURES.— 
(1) IN GENERAL.—Paid sick time shall be pro-
vided upon the oral or written request of an em-
ployee. Such request shall— 
(A) include the expected duration of the 
period of such time; 
(B) in a case in which the need for such 
period of time is foreseeable at least 7 days in 
advance of such period, be provided at least 7 
days in advance of such period; and 
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(C) otherwise, be provided as soon as prac-
ticable after the employee is aware of the need 
for such period. 
(2) CERTIFICATION IN GENERAL.— 
(A) PROVISION.— 
(i) IN GENERAL.—Subject to subpara-
graphs (C) and (D), an employer may re-
quire that a request for paid sick time 
under this section for a purpose described 
in paragraph (1), (2), or (6) of subsection 
(b) be supported by a certification issued 
by the health care provider of the eligible 
employee or of an individual described in 
subsection (b)(6), as appropriate, if the pe-
riod of such time covers more than 3 con-
secutive workdays. 
(ii) TIMELINESS.—The employee shall 
provide a copy of such certification to the 
employer in a timely manner, not later 
than 30 days after the first day of the pe-
riod of time. The employer shall not delay 
the commencement of the period of time on 
the basis that the employer has not yet re-
ceived the certification. 
(B) SUFFICIENT CERTIFICATION.— 
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(i) IN GENERAL.—A certification pro-
vided under subparagraph (A) shall be suf-
ficient if it states— 
(I) the date on which the period 
of time will be needed; 
(II) the probable duration of the 
period of time; 
(III) the appropriate medical 
facts within the knowledge of the 
health care provider regarding the 
condition involved, subject to clause 
(ii); and 
(IV)(aa) for purposes of paid sick 
time under subsection (b)(1), a state-
ment that absence from work is medi-
cally necessary; 
(bb) for purposes of such time 
under subsection (b)(2), the dates on 
which testing for a medical diagnosis 
or care is expected to be given and the 
duration of such testing or care; and 
(cc) for purposes of such time 
under subsection (b)(6), in the case of 
time to care for someone who is not a 
child, a statement that care is needed 
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for an individual described in such 
subsection, and an estimate of the 
amount of time that such care is 
needed for such individual. 
(ii) LIMITATION.—In issuing a certifi-
cation under subparagraph (A), a health 
care provider shall make reasonable efforts 
to limit the medical facts described in 
clause (i)(III) that are disclosed in the cer-
tification to the minimum necessary to es-
tablish a need for the employee to utilize 
paid sick time. 
(C) PUBLIC HEALTH EMERGENCIES.—No 
certification or other documentation may be re-
quired under this Act by an employer during 
any public health emergency. 
(D) 
REGULATIONS.—Regulations 
pre-
scribed under section 12 shall specify the man-
ner in which an employee who does not have 
health insurance shall provide a certification for 
purposes of this paragraph. 
(E) CONFIDENTIALITY
AND
NONDISCLO-
SURE.— 
(i) PROTECTED
HEALTH
INFORMA-
TION.—Nothing in this Act shall be con-
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strued to require a health care provider to 
disclose information in violation of section 
1177 of the Social Security Act (42 U.S.C. 
1320d–6) or the regulations promulgated 
pursuant to section 264(c) of the Health 
Insurance Portability and Accountability 
Act of 1996 (42 U.S.C. 1320d–2 note). 
(ii) 
HEALTH
INFORMATION 
RECORDS.—If 
an 
employer 
possesses 
health information about an employee or 
an employee’s child, parent, spouse, domes-
tic partner, or an individual related to the 
employee as described in subsection (b)(6), 
such information shall— 
(I) be maintained on a separate 
form and in a separate file from other 
personnel information; 
(II) be treated as a confidential 
medical record; and 
(III) not be disclosed except to 
the affected employee or with the per-
mission of the affected employee. 
(3) CERTIFICATION IN THE CASE OF DOMESTIC 
VIOLENCE, SEXUAL ASSAULT, OR STALKING.— 
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(A) IN GENERAL.—An employer may re-
quire that a request for paid sick time under 
this section for a purpose described in sub-
section (b)(7) be supported by any one of the 
following forms of documentation, but the em-
ployer may not specify the particular form of 
documentation to be provided: 
(i) A police report indicating that the 
employee, or a member of the employee’s 
family described in subsection (b)(7), was 
a victim of domestic violence, sexual as-
sault, or stalking. 
(ii) A court order protecting or sepa-
rating the employee or a member of the 
employee’s family described in subsection 
(b)(7) from the perpetrator of an act of 
domestic violence, sexual assault, or stalk-
ing, or other evidence from the court or 
prosecuting attorney that the employee or 
a member of the employee’s family de-
scribed in subsection (b)(7) has appeared 
in court or is scheduled to appear in court 
in a proceeding related to domestic vio-
lence, sexual assault, or stalking. 
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(iii) Other documentation signed by 
an employee or volunteer working for a vic-
tim services organization, an attorney, a 
police officer, a medical professional, a so-
cial worker, an antiviolence counselor, or a 
member of the clergy, affirming that the 
employee or a member of the employee’s 
family described in subsection (b)(7) is a 
victim of domestic violence, sexual assault, 
or stalking. 
(B) REQUIREMENTS.—The requirements 
of paragraph (2) shall apply to certifications 
under this paragraph, except that— 
(i) subclauses (III) and (IV) of sub-
paragraph (B)(i) and subparagraph (B)(ii) 
of such paragraph shall not apply; 
(ii) the certification shall state the 
reason that the leave is required with the 
facts to be disclosed limited to the min-
imum necessary to establish a need for the 
employee to be absent from work, and the 
employee shall not be required to explain 
the details of the domestic violence, sexual 
assault, or stalking involved; and 
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(iii) with respect to confidentiality 
under subparagraph (E) of such para-
graph, any information provided to the em-
ployer under this paragraph shall be con-
fidential, except to the extent that any dis-
closure of such information is— 
(I) requested or consented to in 
writing by the employee; or 
(II) otherwise required by appli-
cable Federal or State law. 
SEC. 104. NOTICE REQUIREMENT. 
(a) IN GENERAL.—Each employer shall notify each 
employee and include in any employee handbook the infor-
mation described in paragraphs (1) through (4). Each em-
ployer shall post and keep posted a notice, to be prepared 
or approved in accordance with procedures specified in 
regulations prescribed under section 12, setting forth ex-
cerpts from, or summaries of, the pertinent provisions of 
this Act including— 
(1) information describing paid sick time avail-
able to employees under this Act; 
(2) information pertaining to the filing of an 
action under this Act; 
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(3) the details of the notice requirement for a 
foreseeable period of time under section 5(e)(1)(B); 
and 
(4) information that describes— 
(A) the protections that an employee has 
in exercising rights under this Act; and 
(B) how the employee can contact the Sec-
retary (or other appropriate authority as de-
scribed in section 6) if any of the rights are vio-
lated. 
(b) LOCATION.—The notice described under sub-
section (a) shall be posted— 
(1) in conspicuous places on the premises of the 
employer, where notices to employees (including ap-
plicants) are customarily posted; or 
(2) in employee handbooks. 
(c) VIOLATION; PENALTY.—Any employer who will-
fully violates the posting requirements of this section shall 
be subject to a civil fine in an amount not to exceed $100 
for each separate offense. 
SEC. 105. PROHIBITED ACTS. 
(a) INTERFERENCE WITH RIGHTS.— 
(1) EXERCISE OF RIGHTS.—It shall be unlawful 
for any employer to interfere with, restrain, or deny 
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the exercise of, or the attempt to exercise, any right 
provided under this Act, including— 
(A) discharging or discriminating against 
(including retaliating against) any individual, 
including a job applicant, for exercising, or at-
tempting to exercise, any right provided under 
this Act; 
(B) using the taking of paid sick time 
under this Act as a negative factor in an em-
ployment action, such as hiring, promotion, re-
ducing hours or number of shifts, or a discipli-
nary action; or 
(C) counting the paid sick time under a 
no-fault attendance policy or any other absence 
control policy. 
(2) DISCRIMINATION.—It shall be unlawful for 
any employer to discharge or in any other manner 
discriminate against (including retaliating against) 
any individual, including a job applicant, for oppos-
ing any practice made unlawful by this Act. 
(b) INTERFERENCE WITH PROCEEDINGS OR INQUIR-
IES.—It shall be unlawful for any person to discharge or 
in any other manner discriminate against (including retali-
ating against) any individual, including a job applicant, 
because such individual— 
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(1) has filed an action, or has instituted or 
caused to be instituted any proceeding, under or re-
lated to this Act; 
(2) has given, or is about to give, any informa-
tion in connection with any inquiry or proceeding re-
lating to any right provided under this Act; or 
(3) has testified, or is about to testify, in any 
inquiry or proceeding relating to any right provided 
under this Act. 
(c) CONSTRUCTION.—Nothing in this section shall be 
construed to state or imply that the scope of the activities 
prohibited by section 105 of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2615) is less than the scope of 
the activities prohibited by this section. 
SEC. 106. ENFORCEMENT AUTHORITY. 
(a) IN GENERAL.— 
(1) DEFINITION.—In this subsection— 
(A) the term ‘‘employee’’ means an em-
ployee described in subparagraph (A) or (B) of 
section 2(4); and 
(B) the term ‘‘employer’’ means an em-
ployer described in subclause (I) or (II) of sec-
tion 2(5)(A)(i). 
(2) INVESTIGATIVE AUTHORITY.— 
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(A) IN GENERAL.—To ensure compliance 
with the provisions of this Act, or any regula-
tion or order issued under this Act, the Sec-
retary shall have, subject to subparagraph (C), 
the investigative authority provided under sec-
tion 11(a) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 211(a)), with respect to em-
ployers, employees, and other individuals af-
fected. 
(B) OBLIGATION TO KEEP AND PRESERVE 
RECORDS.—An employer shall make, keep, and 
preserve records pertaining to compliance with 
this Act in accordance with section 11(c) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 
211(c)) and in accordance with regulations pre-
scribed by the Secretary. 
(C) REQUIRED
SUBMISSIONS
GENERALLY 
LIMITED TO AN ANNUAL BASIS.—The Secretary 
shall not require, under the authority of this 
paragraph, an employer to submit to the Sec-
retary any books or records more than once 
during any 12-month period, unless the Sec-
retary has reasonable cause to believe there 
may exist a violation of this Act or any regula-
tion or order issued pursuant to this Act, or is 
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investigating a charge pursuant to paragraph 
(4). 
(D) SUBPOENA AUTHORITY.—For the pur-
poses of any investigation provided for in this 
paragraph, the Secretary shall have the sub-
poena authority provided for under section 9 of 
the Fair Labor Standards Act of 1938 (29 
U.S.C. 209). 
(3) CIVIL ACTION BY EMPLOYEES OR INDIVID-
UALS.— 
(A) RIGHT OF ACTION.—An action to re-
cover the damages or equitable relief prescribed 
in subparagraph (B) may be maintained 
against any employer in any Federal or State 
court of competent jurisdiction by one or more 
employees or individuals or their representative 
for and on behalf of— 
(i) the employees or individuals; or 
(ii) the employees or individuals and 
others similarly situated. 
(B) LIABILITY.—Any employer who vio-
lates section 5 (including a violation relating to 
rights provided under section 3) shall be liable 
to any employee or individual affected— 
(i) for damages equal to— 
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(I) the amount of— 
(aa) any wages, salary, em-
ployment benefits, or other com-
pensation denied or lost by rea-
son of the violation; or 
(bb) in a case in which 
wages, salary, employment bene-
fits, or other compensation have 
not been denied or lost, any ac-
tual monetary losses sustained as 
a direct result of the violation up 
to a sum equal to 56 hours of 
wages or salary for the employee 
or individual, or the specified pe-
riod described in section 3(c)(3), 
or a combination of those hours 
and that period, as the case may 
be; 
(II) the interest on the amount 
described in subclause (I) calculated 
at the prevailing rate; and 
(III) an additional amount as liq-
uidated damages; and 
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(ii) for such equitable relief as may be 
appropriate, including employment, rein-
statement, and promotion. 
(C) FEES AND COSTS.—The court in an 
action under this paragraph shall, in addition to 
any judgment awarded to the plaintiff, allow a 
reasonable attorney’s fee, reasonable expert wit-
ness fees, and other costs of the action to be 
paid by the defendant. 
(4) ACTION BY THE SECRETARY.— 
(A) ADMINISTRATIVE
ACTION.—The Sec-
retary shall receive, investigate, and attempt to 
resolve complaints of violations of section 5 (in-
cluding a violation relating to rights provided 
under section 3) in the same manner that the 
Secretary receives, investigates, and attempts to 
resolve complaints of violations of sections 6 
and 7 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 206 and 207). 
(B) CIVIL
ACTION.—The Secretary may 
bring an action in any court of competent juris-
diction to recover the damages described in 
paragraph (3)(B)(i). 
(C) SUMS RECOVERED.—Any sums recov-
ered by the Secretary pursuant to subparagraph 
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(B) shall be held in a special deposit account 
and shall be paid, on order of the Secretary, di-
rectly to each employee or individual affected. 
Any such sums not paid to an employee or indi-
vidual affected because of inability to do so 
within a period of 3 years shall be deposited 
into the Treasury of the United States as mis-
cellaneous receipts. 
(5) LIMITATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), an action may be brought 
under paragraph (3), (4), or (6) not later than 
2 years after the date of the last event consti-
tuting the alleged violation for which the action 
is brought. 
(B) WILLFUL VIOLATION.—In the case of 
an action brought for a willful violation of sec-
tion 5 (including a willful violation relating to 
rights provided under section 3), such action 
may be brought within 3 years of the date of 
the last event constituting the alleged violation 
for which such action is brought. 
(C) 
COMMENCEMENT.—In 
determining 
when an action is commenced under paragraph 
(3), (4), or (6) for the purposes of this para-
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graph, it shall be considered to be commenced 
on the date when the complaint is filed. 
(6) ACTION FOR INJUNCTION BY SECRETARY.— 
The district courts of the United States shall have 
jurisdiction, for cause shown, in an action brought 
by the Secretary— 
(A) to restrain violations of section 5 (in-
cluding a violation relating to rights provided 
under section 3), including the restraint of any 
withholding of payment of wages, salary, em-
ployment benefits, or other compensation, plus 
interest, found by the court to be due to em-
ployees or individuals eligible under this Act; or 
(B) to award such other equitable relief as 
may be appropriate, including employment, re-
instatement, and promotion. 
(7) SOLICITOR
OF
LABOR.—The Solicitor of 
Labor may appear for and represent the Secretary 
on any litigation brought under paragraph (4) or 
(6). 
(8) GOVERNMENT
ACCOUNTABILITY
OFFICE 
AND LIBRARY OF CONGRESS.—Notwithstanding any 
other provision of this subsection, in the case of the 
Government Accountability Office and the Library of 
Congress, the authority of the Secretary of Labor 
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under this subsection shall be exercised respectively 
by the Comptroller General of the United States and 
the Librarian of Congress. 
(b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.—The powers, remedies, and 
procedures provided in the Congressional Accountability 
Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de-
fined in section 101 of that Act (2 U.S.C. 1301)), or any 
person, alleging a violation of subsection (a)(1) of section 
202 of that Act (2 U.S.C. 1312) shall be the powers, rem-
edies, and procedures this Act provides to that Board, or 
any person, alleging an unlawful employment practice in 
violation of this Act against an employee described in sec-
tion 2(4)(C). 
(c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE 
3, UNITED STATES CODE.—The powers, remedies, and 
procedures provided in chapter 5 of title 3, United States 
Code, to the President, the Merit Systems Protection 
Board, or any person, alleging a violation of section 
412(a)(1) of that title, shall be the powers, remedies, and 
procedures this Act provides to the President, that Board, 
or any person, respectively, alleging an unlawful employ-
ment practice in violation of this Act against an employee 
described in section 2(4)(D). 
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(d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE 
5, UNITED STATES CODE.—The powers, remedies, and 
procedures provided in title 5, United States Code, to an 
employing agency, provided in chapter 12 of that title to 
the Merit Systems Protection Board, or provided in that 
title to any person, alleging a violation of chapter 63 of 
that title shall be the powers, remedies, and procedures 
this Act provides to that agency, that Board, or any per-
son, respectively, alleging an unlawful employment prac-
tice in violation of this Act against an employee described 
in section 2(4)(E). 
(e) REMEDIES FOR STATE EMPLOYEES.— 
(1) WAIVER
OF
SOVEREIGN
IMMUNITY.—A 
State’s receipt or use of Federal financial assistance 
for any program or activity of a State shall con-
stitute a waiver of sovereign immunity, under the 
11th Amendment to the Constitution or otherwise, 
to a suit brought by an employee of that program 
or activity under this Act for equitable, legal, or 
other relief authorized under this Act. 
(2) OFFICIAL CAPACITY.—An official of a State 
may be sued in the official capacity of the official by 
any employee who has complied with the procedures 
under subsection (a)(3), for injunctive relief that is 
authorized under this Act. In such a suit the court 
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may award to the prevailing party those costs au-
thorized by section 722 of the Revised Statutes (42 
U.S.C. 1988). 
(3) APPLICABILITY.—With respect to a par-
ticular program or activity, paragraph (1) applies to 
conduct occurring on or after the day, after the date 
of enactment of this Act, on which a State first re-
ceives or uses Federal financial assistance for that 
program or activity. 
(4) DEFINITION OF PROGRAM OR ACTIVITY.—In 
this subsection, the term ‘‘program or activity’’ has 
the meaning given the term in section 606 of the 
Civil Rights Act of 1964 (42 U.S.C. 2000d–4a). 
SEC. 107. EDUCATION AND OUTREACH. 
The Secretary may conduct a public awareness cam-
paign to educate and inform the public of the require-
ments for paid sick time required by this Act. 
SEC. 108. COLLECTION OF DATA ON PAID SICK TIME AND 
FURTHER STUDY. 
(a) COMPILATION OF INFORMATION.—The Commis-
sioner of Labor Statistics shall annually compile informa-
tion on the following: 
(1) The amount of paid sick time available to 
employees by occupation and type of employment es-
tablishment. 
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(2) An estimate of the average sick time used 
by employees according to occupation and the type 
of employment establishment. 
(b) GAO STUDY.—Not later than 5 years after the 
date of enactment of this Act, the Comptroller General 
of the United States shall conduct a study to evaluate the 
implementation of this Act. Such study shall include an 
estimation of employees’ access to paid sick time, employ-
ees’ awareness of their rights under this Act, and employ-
ers’ experiences complying with this Act. Such study shall 
take into account access, awareness and experiences of 
employees by race, ethnicity, gender, and occupation. 
(c) REPORT.—Upon completion of the study required 
by subsection (b), the Comptroller General of the United 
States shall prepare and submit a report to the appro-
priate committees of Congress concerning the results of 
the study and the information compiled pursuant to sub-
section (a). 
SEC. 109. EFFECT ON OTHER LAWS. 
(a) FEDERAL
AND
STATE
ANTIDISCRIMINATION 
LAWS.—Nothing in this Act shall be construed to modify 
or affect any Federal or State law prohibiting discrimina-
tion on the basis of race, religion, color, national origin, 
sex, age, disability, sexual orientation, gender identity, 
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marital status, familial status, or any other protected sta-
tus. 
(b) STATE AND LOCAL LAWS.—Nothing in this Act 
shall be construed to supersede (including preempting) 
any provision of any State or local law that provides great-
er paid sick time or leave rights (including greater 
amounts of paid sick time or leave, or greater coverage 
of those eligible for paid sick time or leave) than the rights 
established under this Act. 
SEC. 110. EFFECT ON EXISTING EMPLOYMENT BENEFITS. 
(a) MORE PROTECTIVE.—Nothing in this Act shall 
be construed to diminish the obligation of an employer to 
comply with any contract, collective bargaining agreement, 
or any employment benefit program or plan that provides 
greater paid sick leave or other leave rights to employees 
or individuals than the rights established under this Act. 
(b) LESS PROTECTIVE.—The rights established for 
employees under this Act shall not be diminished by any 
contract, collective bargaining agreement, or any employ-
ment benefit program or plan. 
SEC. 111. ENCOURAGEMENT OF MORE GENEROUS LEAVE 
POLICIES. 
Nothing in this Act shall be construed to discourage 
employers from adopting or retaining leave policies more 
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generous than policies that comply with the requirements 
of this Act. 
SEC. 112. REGULATIONS. 
(a) IN GENERAL.— 
(1) AUTHORITY.—Except as provided in para-
graph (2) and subject to subsection (e), not later 
than 180 days after the date of enactment of this 
Act, the Secretary shall prescribe such regulations 
as are necessary to carry out this Act with respect 
to employees described in subparagraph (A) or (B) 
of section 2(4) and other individuals affected by em-
ployers described in subclause (I) or (II) of section 
2(5)(A)(i). 
(2) GOVERNMENT ACCOUNTABILITY OFFICE; LI-
BRARY
OF
CONGRESS.—Subject to subsection (e), 
the Comptroller General of the United States and 
the Librarian of Congress shall prescribe the regula-
tions with respect to employees of the Government 
Accountability Office and the Library of Congress, 
respectively, and other individuals affected by the 
Comptroller General of the United States and the 
Librarian of Congress, respectively. 
(b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.— 
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(1) AUTHORITY.—Subject to subsection (e), not 
later than 90 days after the Secretary prescribes 
regulations under subsection (a), the Board of Di-
rectors of the Office of Compliance shall prescribe 
(in accordance with section 304 of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1384)) such 
regulations as are necessary to carry out this Act 
with respect to employees described in section 
2(4)(C) and other individuals affected by employers 
described in section 2(5)(A)(i)(III). 
(2) AGENCY
REGULATIONS.—The regulations 
prescribed under paragraph (1) shall be the same as 
substantive regulations promulgated by the Sec-
retary to carry out this Act except insofar as the 
Board may determine, for good cause shown and 
stated together with the regulations prescribed 
under paragraph (1), that a modification of such 
regulations would be more effective for the imple-
mentation of the rights and protections involved 
under this section. 
(c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE 
3, UNITED STATES CODE.— 
(1) AUTHORITY.—Subject to subsection (e), not 
later than 90 days after the Secretary prescribes 
regulations under subsection (a), the President (or 
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the designee of the President) shall prescribe such 
regulations as are necessary to carry out this Act 
with respect to employees described in section 
2(4)(D) and other individuals affected by employers 
described in section 2(5)(A)(i)(IV). 
(2) AGENCY
REGULATIONS.—The regulations 
prescribed under paragraph (1) shall be the same as 
substantive regulations promulgated by the Sec-
retary to carry out this Act except insofar as the 
President (or designee) may determine, for good 
cause shown and stated together with the regula-
tions prescribed under paragraph (1), that a modi-
fication of such regulations would be more effective 
for the implementation of the rights and protections 
involved under this section. 
(d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE 
5, UNITED STATES CODE.— 
(1) AUTHORITY.—Subject to subsection (e), not 
later than 90 days after the Secretary prescribes 
regulations under subsection (a), the Director of the 
Office of Personnel Management shall prescribe such 
regulations as are necessary to carry out this Act 
with respect to employees described in section 
2(4)(E) and other individuals affected by employers 
described in section 2(5)(A)(i)(V). 
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(2) AGENCY
REGULATIONS.—The regulations 
prescribed under paragraph (1) shall be the same as 
substantive regulations promulgated by the Sec-
retary to carry out this Act except insofar as the Di-
rector may determine, for good cause shown and 
stated together with the regulations prescribed 
under paragraph (1), that a modification of such 
regulations would be more effective for the imple-
mentation of the rights and protections involved 
under this section. 
(e) IMMEDIATE COMPLIANCE.—The rights and re-
sponsibilities specified in this Act shall take effect on the 
date of enactment of this Act and employers and other 
persons subject to those responsibilities shall comply im-
mediately, without regard whether regulations have been 
prescribed under this section. 
SEC. 113. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this Act such sums as may be necessary for fiscal year 
2020 and each subsequent fiscal year. 
SEC. 114. EFFECTIVE DATES. 
(a) IN GENERAL.—This Act takes effect on the date 
of enactment of this Act. 
(b) PREVIOUS DECLARATIONS.—If a public health 
emergency was declared before and remains in effect on 
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the date of enactment of this Act, for purposes of this 
Act (and in particular section 3(c) of this Act) the public 
health emergency shall be considered to have been de-
clared on the date of enactment of this Act. 
DIVISION G—HEALTH 
PROVISIONS 
SEC. 101. 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. 
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 
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510(k), 513, 515 or 564 of the Federal Food, Drug, 
and Cosmetic Act, and the administration of such in 
vitro diagnostic products. 
(2) Health care provider office visits, urgent 
care center visits, and emergency room visits that 
result in an order for or administration of an in 
vitro diagnostic product described in paragraph (1). 
(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-
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 
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100 
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. 102. 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)— 
(A) by striking ‘‘and’’ before ‘‘(CC)’’; and 
(B) by inserting before the period at the 
end the following: ‘‘, and (DD) with respect to 
a specified COVID–19 testing-related service 
described in paragraph (1) of subsection (cc) 
for which payment may be made under a speci-
fied outpatient payment provision described in 
paragraph (2) of such subsection, the amounts 
paid shall be 100 percent of the payment 
amount otherwise recognized under such respec-
tive specified outpatient payment provision for 
such service,’’; 
(2) in subsection (b), in the first sentence— 
(A) by striking ‘‘and’’ before ‘‘(10)’’; and 
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101 
(B) by inserting before the period at the 
end the following: ‘‘, and (11) such deductible 
shall not apply with respect to any specified 
COVID–19 testing-related service described in 
paragraph (1) of subsection (cc) for which pay-
ment may be made under a specified outpatient 
payment provision described in paragraph (2) 
of such subsection’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(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 the date of the enactment of 
this subsection); and 
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102 
‘‘(iii) results in an order for or admin-
istration of a diagnostic test described in 
section 1852(a)(1)(B)(iv)(IV). 
‘‘(B) CATEGORIES OF HCPCS CODES.—For 
purposes of subparagraph (A), the categories of 
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. 
‘‘(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). 
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