I 
116TH CONGRESS 
2D SESSION 
H. R. 6201 
Making emergency supplemental appropriations for the fiscal year ending 
September 30, 2020, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2020 
Mrs. LOWEY (for herself, Mr. SCOTT of Virginia, Mr. NEAL, Mr. BISHOP of 
Georgia, Ms. DELAURO, Mr. PALLONE, and Mr. PETERSON) introduced 
the following bill; which was referred to the Committee on Appropria-
tions, and in addition to the Committees on the Budget, and Ways and 
Means, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
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, 
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 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
DIVISION B—NUTRITION WAIVERS 
DIVISION C—COVID–19 HEALTH CARE WORKER PROTECTION ACT 
OF 2020 
DIVISION D—EMERGENCY PAID LEAVE ACT OF 2020 
DIVISION E—EMERGENCY UNEMPLOYMENT INSURANCE 
STABILIZATION AND ACCESS ACT OF 2020 
DIVISION F—PAID SICK DAYS FOR PUBLIC HEALTH 
EMERGENCIES AND PERSONAL AND FAMILY CARE 
DIVISION G—HEALTH PROVISIONS 
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: 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
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 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 101. (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 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
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 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
commodities for emergency distribution in any area of the 
United States during a public health emergency designa-
tion. 
(h) DEFINITIONS.—In this section: 
(1) The term ‘‘eligible child’’ means a child (as 
defined in section 12(d) or served under section 
11(a)(1) of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1760(d), 1759(a)(1)) who, if 
not for the closure of the school attended by the 
child during a public health emergency designation 
and due to concerns about a COVID–19 outbreak, 
would receive free or reduced price school meals 
under the Richard B. Russell National School Lunch 
Act (42 U.S.C. 175l et seq.) at the school. 
(2) The term ‘‘public health emergency designa-
tion’’ means the declaration— 
(A) of a public health emergency, based on 
an outbreak of SARS–CoV–2 or another 
coronavirus with pandemic potential, by the 
Secretary of Health and Human Services under 
section 319 of the Public Health Service Act 
(42 U.S.C. 247d); or 
(B) of a domestic emergency, based on an 
outbreak 
of 
SARS–CoV–2 
or 
another 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
coronavirus with pandemic potential, by the 
Secretary of Homeland Security. 
(3) The term ‘‘school’’ has the meaning given 
the term in section 12(d) of the Richard B. Russell 
National School Lunch Act (42 U.S.C. 1760(d)). 
(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. 102. 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. 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
TITLE II 
DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
PROGRAM ADMINISTRATION 
For an additional amount for ‘‘Program Administra-
tion’’, $5,000,000, to remain available through September 
30, 2022, to administer the emergency paid sick days pro-
gram: 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. 
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 
subparts 1 and 2 of part C, of title III, and under title 
VI, of the Older Americans Act of 1965, of which 
$160,000,000 shall be for Home-Delivered Nutrition Serv-
ices, $80,000,000 shall be for Congregate Nutrition Serv-
ices, and $10,000,000 shall be for Nutrition Services for 
Native Americans: Provided, That such amount is des-
ignated by the Congress as being for an emergency re-
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
TITLE III 
GENERAL PROVISIONS—THIS ACT 
SEC. 301. 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. 302. Each amount appropriated or made avail-
able by this Act is in addition to amounts otherwise appro-
priated for the fiscal year involved. 
SEC. 303. 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. 304. Unless otherwise provided for by this Act, 
the additional amounts appropriated by this Act to appro-
priations accounts shall be available under the authorities 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
and conditions applicable to such appropriations accounts 
for fiscal year 2020. 
SEC. 305. Each amount designated in this Act by the 
Congress as being for an emergency requirement pursuant 
to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 shall be available 
(or rescinded or transferred, if applicable) only if the 
President subsequently so designates all such amounts 
and transmits such designations to the Congress. 
SEC. 306. Any amount appropriated by this Act, des-
ignated 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. 
This division may be cited as the ‘‘Second 
Coronavirus Preparedness and Response Supplemental 
Appropriations Act, 2020’’. 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
DIVISION B—NUTRITION 
WAIVERS 
TITLE I—MAINTAINING ESSEN-
TIAL ACCESS TO LUNCH FOR 
STUDENTS ACT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Maintaining Essential 
Access to Lunch for Students Act’’ or the ‘‘MEALS Act’’. 
SEC. 102. 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. 
Russell National School Lunch Act (42 U.S.C. 1760(l)(5)) 
shall not apply to a qualified COVID–19 waiver. 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
(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. 201. SHORT TITLE. 
This title may be cited as the ‘‘COVID–19 Child Nu-
trition Response Act’’. 
SEC. 202. NATIONAL SCHOOL LUNCH PROGRAM REQUIRE-
MENT WAIVERS ADDRESSING COVID–19. 
(a) NATIONWIDE WAIVER.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may establish a waiv-
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
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 
adult care food program under section 17 of the Richard 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
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: 
(1) A summary of the use of such waiver by the 
State and eligible service providers. 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
disregard any period during which an individual received 
benefits under the supplemental nutrition assistance pro-
gram prior to such month. 
SEC. 302. 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 declara-
tion by a State based on an outbreak of COVID–19, the 
Secretary 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 
supporting such request, as determined by the Sec-
retary, for emergency allotments to households par-
ticipating in the supplemental nutrition assistance 
program under the Food and Nutrition 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 in consultation with State agencies, by guidance, 
issuance methods and application and reporting re-
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
quirements under the Food and Nutrition Act of 
2008 to be consistent with what is practicable under 
actual conditions in affected areas. (In making this 
adjustment, the Secretary shall consider the avail-
ability of offices and personnel in State agencies, 
any conditions that make reliance on electronic ben-
efit transfer systems described in section 7(h) of the 
Food and Nutrition Act of 2008 impracticable, any 
disruptions of transportation and communication fa-
cilities, and any health considerations that warrant 
alternative approaches.) 
(b)(1) The Secretary of Agriculture shall make any 
requests submitted by State agencies under subsection (a), 
the Secretary’s approval or denial of such requests, and 
any guidance issued under subsection (a)(2) publicly avail-
able on the website of the Department of Agriculture. 
(2) The Secretary of Agriculture shall post the infor-
mation described in paragraph (1) on the website of the 
Department of Agriculture not later than 10 days after 
receipt or issuance of such information. 
(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-
tion of the measures taken to address the food security 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
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—COVID–19 HEALTH 
CARE WORKER PROTECTION 
ACT OF 2020 
SEC. 1. SHORT TITLE. 
This Act may be cited as the ‘‘COVID-19 Health 
Care Worker Protection Act of 2020’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The infectious disease COVID–19 presents 
a grave danger to health care workers who are the 
first line of defense of the United States against this 
epidemic. 
(2) Hundreds of health care workers in the 
United States have been infected or quarantined due 
to exposure to patients with COVID–19. Surveys 
conducted by health care worker unions and others 
have found that many health care facilities are inad-
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
equately prepared to safely protect health care work-
ers who are exposed to the virus. 
(3) Inadequate infection control precautions 
have a detrimental impact on health care workers, 
patients and the public, and if there is breakdown in 
health care worker protections, the nation’s public 
health system is placed at risk. 
(4) The Severe Acute Respiratory Syndrome 
(hereinafter referred to as ‘‘SARS’’) epidemic of 
2003 and 2004 in Canada, which involved a 
coronavirus, resulted in a disproportionately large 
number of infections of both health care workers and 
patients in Ontario, Canada, hospitals due to insuffi-
cient infection control procedures involving SARS. 
(5) The Occupational Safety and Health Ad-
ministration began rulemaking on a standard to pro-
tect health care workers from airborne and other in-
fectious diseases in 2009. In 2017, the Trump Ad-
ministration suspended work on this rulemaking, re-
moving it from the active Regulatory Agenda. 
(6) The Centers for Disease Control and Pre-
vention issued a document entitled, ‘‘2007 Guideline 
for Isolation Precautions: Preventing Transmission 
of Infectious Agents in Healthcare Settings’’ in July, 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
2007. However, the guideline in such document is 
not binding. 
(7) Absent an enforceable standard, employers 
lack mandatory requirements to implement an effec-
tive and ongoing infection and exposure control pro-
gram that provides protection to health care workers 
from COVID–19. 
(8) Section 6(c)(1) of the Occupational Safety 
and Health Act authorizes the Occupational Safety 
and Health Administration to issue an ‘‘Emergency 
Temporary Standard’’ if employees are exposed to 
grave danger from harmful agents or new hazards 
and if an emergency standard is necessary to protect 
employees from such danger. The widespread out-
break of COVID–19 clearly satisfies these two condi-
tions. 
(9) The Occupational Safety and Health Ad-
ministration has received two petitions in March 
2020 calling on the Occupational Safety and Health 
Administration to issue an Emergency Temporary 
Standard to protect workers from COVID–19. 
(10) An Emergency Temporary Standard is 
necessary to ensure the immediate protection of 
workers in health care workplaces and other high- 
risk workplaces identified by the Centers for Disease 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
Control and Prevention and the Occupational Safety 
and Health Administration from infection related to 
COVID–19. 
TITLE I—COVID–19 EMERGENCY 
TEMPORARY STANDARD 
SEC. 101. COVID–19 EMERGENCY TEMPORARY STANDARD. 
(a) EMERGENCY TEMPORARY STANDARD.—Pursuant 
to section 6(c)(1) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 655(c)(1)), not later than 1 month 
after the date of enactment of this Act, the Secretary of 
Labor shall promulgate an emergency temporary standard 
to protect from occupational exposure to SARS–CoV–2— 
(1) employees of health care sector employers; 
and 
(2) employees in other sectors whom the Cen-
ters for Disease Control and Prevention or the Occu-
pational Safety and Health Administration identifies 
as having elevated risk. 
(b) PERMANENT STANDARD.—Upon publication of 
the emergency standard under subsection (a), the Sec-
retary of Labor shall commence a proceeding to promul-
gate a standard under section 6(c)(3) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 655(c)(3)) with 
respect to such emergency temporary standard. 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
(c) REQUIREMENTS.—Each standard promulgated 
under this section shall— 
(1) require the employers of the employees de-
scribed in subsection (a) to develop and implement 
a comprehensive infectious disease exposure control 
plan; and 
(2) at a minimum, be based on the precautions 
for severe acute respiratory syndrome (SARS) in the 
‘‘2007 Guideline for Isolation Precautions: Pre-
venting Transmission of Infectious Agents in 
Healthcare Settings’’ of the Centers for Disease 
Control and Prevention and any subsequent updates; 
and 
(3) provide no less protection for novel patho-
gens than precautions mandated by standards 
adopted by a State plan that has been approved by 
the Secretary of Labor under section 18 of the Oc-
cupational Safety and Health Act of 1970 (29 
U.S.C. 667). 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
TITLE II—AMENDMENTS TO THE 
SOCIAL SECURITY ACT 
SEC. 201. APPLICATION OF COVID–19 EMERGENCY TEM-
PORARY STANDARD TO CERTAIN FACILITIES 
RECEIVING MEDICARE FUNDS. 
(a) IN GENERAL.—Section 1866 of the Social Secu-
rity Act (42 U.S.C. 1395cc) is amended— 
(1) in subsection (a)(1)— 
(A) in subparagraph (X), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (Y), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by inserting after subparagraph (Y) 
the following new subparagraph: 
‘‘(Z) in the case of hospitals that are not 
otherwise subject to the Occupational Safety 
and Health Act of 1970 (or a State occupa-
tional safety and health plan that is approved 
under section 18(b) of such Act) and skilled 
nursing facilities that are not otherwise subject 
to such Act (or such a State occupational safety 
and health plan), to comply with the standards 
promulgated under section 101 of the Covid–19 
Health Care Worker Protection Act of 2020.’’; 
and 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
(2) in subsection (b)(4)— 
(A) in subparagraph (A), by inserting 
‘‘and a hospital or skilled nursing facility that 
fails to comply with the requirement of sub-
section (a)(1)(Z) (relating to the standards pro-
mulgated under section 101 of the Covid–19 
Health Care Worker Protection Act of 2020)’’ 
after ‘‘Bloodborne Pathogens Standard)’’; and 
(B) in subparagraph (B)— 
(i) by striking ‘‘(a)(1)(U)’’ and insert-
ing ‘‘(a)(1)(V)’’; and 
(ii) by inserting ‘‘(or, in the case of a 
failure to comply with the requirement of 
subsection (a)(1)(Z), for a violation of the 
standards referred to in such subsection by 
a hospital or skilled nursing facility, as ap-
plicable, that is subject to the provisions of 
such Act)’’ before the period at the end. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply beginning on the date that is 
1 month after the date of promulgation of the emergency 
temporary standard under section 101 of the COVID–19 
Health Care Worker Protection Act of 2020. 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
DIVISION D—EMERGENCY PAID 
LEAVE ACT OF 2020 
SEC. 101. SHORT TITLE. 
This division may be cited as the ‘‘Emergency Paid 
Leave Act of 2020’’. 
SEC. 102. EMERGENCY PAID LEAVE BENEFITS. 
The Social Security Act is amended by inserting after 
title V the following: 
‘‘TITLE VI—EMERGENCY PAID 
LEAVE BENEFITS 
‘‘SEC. 601. DEFINITIONS. 
‘‘In this title, the following definitions apply: 
‘‘(1) EMERGENCY LEAVE DAY.— 
‘‘(A) IN GENERAL.—The term ‘emergency 
leave day’ means, with respect to an individual, 
a calendar day in which the individual is not 
able to engage in employment due to any of the 
following reasons: 
‘‘(i) The individual has a current di-
agnosis of COVID–19. 
‘‘(ii) The individual is under quar-
antine (including self-imposed quarantine), 
at the instruction of a health care provider, 
employer, or a local, State, or Federal offi-
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
cial, in order to prevent the spread of 
COVID–19. 
‘‘(iii) The individual is engaged in 
caregiving for an individual who has a cur-
rent diagnosis of COVID–19 or is under 
quarantine as described in clause (ii). 
‘‘(iv) The individual is engaged in 
caregiving, because of the COVID–19-re-
lated closing of a school or other care facil-
ity or care program, for a child or other in-
dividual unable to provide self-care. 
‘‘(B) LIMITATION.—No calendar day may 
be treated as an emergency leave day with re-
spect to an individual if the individual— 
‘‘(i) received any form of compensa-
tion from an employer (other than State or 
private paid leave), including wages or any 
form of accrued paid leave, for such day; 
or 
‘‘(ii) was eligible for unemployment 
compensation for the week in which such 
day occurs. 
‘‘(2) 
COMMISSIONER.—The 
term 
‘Commis-
sioner’ means the Commissioner of Social Security. 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligible 
individual’ means an individual who had wages or 
self-employment income during the 30-day period 
ending on the first emergency leave day with respect 
to such individual. 
‘‘(4) SELF-EMPLOYMENT
INCOME.—The term 
‘self-employment income’ has the meaning given the 
term in section 1402(b) of the Internal Revenue 
Code of 1986 for purposes of the taxes imposed by 
section 1401(b) of such Code. 
‘‘(5) STATE.—The term ‘State’ means any 
State of the United States or the District of Colum-
bia or any territory or possession of the United 
States. 
‘‘(6) STATE
OR
PRIVATE
PAID
LEAVE.—The 
term ‘State or private paid leave’ means a benefit 
which provides full or partial wage replacement to 
employees on the basis of specifically defined quali-
fying events described in section 102 of the Family 
and Medical Leave Act of 1993 or defined by a writ-
ten employer policy or State law and which ends ei-
ther when the qualifying event is no longer applica-
ble or a set period of benefits is exhausted. 
‘‘(7) UNEMPLOYMENT
COMPENSATION.—The 
term unemployment compensation means— 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
‘‘(A) ‘regular compensation’, ‘extended 
compensation’, and ‘additional compensation’ 
(as such terms are defined by section 205 of 
the Federal-State Extended Unemployment 
Compensation Act (26 U.S.C. 3304 note)); and 
‘‘(B) assistance under section 410 of the 
Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5177). 
‘‘(8) WAGES.—The term ‘wages’ has the mean-
ing given such term in section 3121(a) of the Inter-
nal Revenue Code of 1986 for purposes of the taxes 
imposed by sections 3101(b) and 3111(b) of such 
Code. 
‘‘SEC. 602. EMERGENCY PAID LEAVE BENEFITS. 
‘‘(a) IN GENERAL.—The Commissioner shall pay an 
emergency paid leave benefit, to be paid electronically or, 
if necessary, by mail, to each eligible individual for each 
30-day period beginning and ending in the benefit period 
(not to exceed 3) for which the eligible individual has filed 
an application containing such certifications as required 
under subsection (e). 
‘‘(b) BENEFIT AMOUNT.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the amount of the emergency paid leave benefit to 
which an individual is entitled under subsection (a) 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
for a 30-day period shall be an amount (not to ex-
ceed $4,000) equal to 2/3 of the individual’s average 
monthly earnings. 
‘‘(2) REDUCTION BASED ON RECEIPT OF STATE 
OR PRIVATE PAID LEAVE.—The amount of an emer-
gency paid leave benefit to which an individual is en-
titled under subsection (a) for a 30-day period shall 
be reduced by $1 for each dollar of State or private 
paid leave received by the individual for such period. 
‘‘(3) AVERAGE MONTHLY EARNINGS.—For pur-
poses of this subsection, an individual’s average 
monthly earnings shall be equal to the quotient ob-
tained by dividing— 
‘‘(A) the total of the wages and self-em-
ployment income received by the individual dur-
ing the most recent calendar year preceding an 
application for an emergency paid leave benefit 
under this section for which data is available to 
the Commissioner; by 
‘‘(B) 12. 
‘‘(c) BENEFIT PERIOD.—For purposes of this sec-
tion, the benefit period begins on January 19, 2020, and 
ends on the date that is 1 year after the date of enactment 
of this title. 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
‘‘(d) RETROACTIVE BENEFITS.—An application for 
benefits for any month beginning and ending in the benefit 
period may be filed at any time prior to the date that is 
180 days after the end of such benefit period. 
‘‘(e) APPLICATION.— 
‘‘(1) IN GENERAL.—An application for an emer-
gency paid leave benefit under this section for a 30- 
day period shall include— 
‘‘(A) an attestation by the individual— 
‘‘(i) that he or she is an eligible indi-
vidual; 
‘‘(ii) that at least 14 emergency leave 
days with respect to the individual oc-
curred, or are expected to occur, during 
such period; and 
‘‘(iii) that the individual has informed 
his or her employer of the individual’s need 
to take emergency leave, if the individual 
has an employer. 
‘‘(2) AVAILABILITY.—The Commissioner shall 
accept applications online, by telephone, and by 
mail. 
‘‘(3) AUTHENTICATION
OF
IDENTITY.—The 
Commissioner is authorized to take such steps as are 
necessary to authenticate the identity of applicants. 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
‘‘(4) PENALTIES
FOR
FRAUD.—Any fraud or 
misrepresentation relating to an application for ben-
efits under this title shall be treated as a violation 
of section 208. 
‘‘(f) INELIGIBILITY BASED ON FRAUD AND CRIMINAL 
ACTIVITY.— 
‘‘(1) INELIGIBILITY FOLLOWING CERTAIN CON-
VICTIONS.—An individual who has been convicted of 
a violation under section 208 or who has been found 
to have used false statements to secure benefits 
under this section shall be ineligible for benefits 
under this section. 
‘‘(2) INELIGIBILITY OF PRISONERS.—An indi-
vidual shall be ineligible for a benefit under this sec-
tion for any 30-day period with respect to which the 
individual is an individual described in clause (i), 
(ii), or (iii) of section 202(x)(1)(A). 
‘‘(g) REVIEW OF ELIGIBILITY AND BENEFIT PAY-
MENT DETERMINATIONS.— 
‘‘(1) BURDEN OF PROOF.—An application for 
benefits under this section shall be presumed to be 
true and accurate, unless the Commissioner dem-
onstrates by a preponderance of the evidence that 
information contained in the application is false. 
‘‘(2) REVIEW.— 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
‘‘(A) IN GENERAL.—An individual may re-
quest review of an adverse determination with 
respect to such application or of a benefit pay-
ment determination and shall have the same ap-
peals rights as provided under title II. 
‘‘(B) FINAL DETERMINATIONS.—All final 
determinations of the Commissioner under this 
subsection shall be reviewable according to the 
procedures set out in section 205. 
‘‘(3) PROGRAM INTEGRITY.—The Commissioner 
shall have the authority to conduct random sample 
audits of benefits provided under this title to ensure 
compliance with the eligibility requirements for such 
benefits. 
‘‘(h) PROTECTION OF EXISTING BENEFIT RIGHTS.— 
‘‘(1) IN GENERAL.—This title does not preempt 
or supercede any provision of State or local law that 
authorizes a State or local municipality to provide 
paid leave benefits similar to the benefits provided 
under this title. 
‘‘(2) GREATER BENEFITS ALLOWED.—Nothing 
in this title shall be construed to diminish the obli-
gation of an employer to comply with any contract, 
collective bargaining agreement, or any employment 
benefit program or plan that provides greater paid 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
leave or other leave rights to employees than the 
rights established under this title. 
‘‘(i) REIMBURSEMENT GRANTS
TO STATES.—Not 
later than July 1, 2021, the Secretary of the Treasury, 
in consultation with the Commissioner of Social Security, 
shall make a grant to each State in an amount equal to 
the total amount, for all 30-day periods beginning and 
ending in the benefit period, by which benefits under this 
title were reduced under subsection (b)(2) as a result of 
State and private paid leave paid by such State or under 
the law of such State. 
‘‘(j) APPLICABILITY OF CERTAIN TITLE II PROVI-
SIONS.—The provisions of sections 204, 205, 206, and 
208 shall apply to benefit payments made under this sec-
tion in the same way that such provisions apply to benefit 
payments made under title II. 
‘‘(k) NO EFFECT ON ELIGIBILITY FOR SSI.—Any 
benefit paid to an individual under this title shall not be 
regarded as income or resources for any month, for pur-
poses of determining the eligibility of the recipient (or the 
recipient’s spouse or family) for benefits or assistance, or 
the amount or extent of benefits or assistance, under the 
Supplemental Security Income program. 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
‘‘SEC. 603. FUNDING AND EXPEDITED IMPLEMENTATION 
AUTHORITY. 
‘‘(a) FUNDING.—There are appropriated such sums 
as necessary to the Commissioner of Social Security to ad-
minister and pay benefits under the program established 
under this title, and to the Secretary of the Treasury for 
reimbursement grants under section 602(i). 
‘‘(b) EXPEDITED IMPLEMENTATION AUTHORITY.— 
In order to expedite the implementation of the emergency 
paid leave program under this title, the Commissioner is 
authorized to waive existing Federal requirements regard-
ing paperwork reduction, system of records notices, con-
tracting and acquisitions, and hiring. 
‘‘(c) 
PROTECTION
OF
EXISTING
EMPLOYEE 
RIGHTS.—This title does not preempt or supersede exist-
ing collective bargaining agreements. 
‘‘SEC. 604. PROTECTION OF SOCIAL SECURITY TRUST 
FUNDS. 
‘‘No funds from the Federal Old-Age and Survivors 
Insurance Trust Fund or the Federal Disability Insurance 
Trust Fund, or appropriated to the Social Security Ad-
ministration for the administration of titles II or XVI, 
may be used for any purpose under this title. 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
‘‘SEC. 605. TAXATION OF EMERGENCY LEAVE BENEFITS. 
‘‘No amount received by an individual under this title 
shall be included in gross income for purposes of the Inter-
nal Revenue Code of 1986.’’. 
SEC. 103. AMENDMENTS TO THE FAMILY AND MEDICAL 
LEAVE ACT OF 1993. 
(a) PUBLIC HEALTH EMERGENCY LEAVE.—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 2-year period beginning 
on the date of the enactment of the Emergency 
Paid Leave Act of 2020, because of a qualifying 
need related to a public health emergency in ac-
cordance with section 110.’’. 
(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 section 101(4)(A), the term ‘eligi-
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
ble employee’ means an individual who has been 
employed for at least 30 days by the employer 
with respect to whom leave is requested under 
section 102(a)(1)(F). 
‘‘(B) 
EMPLOYER
THRESHOLD.—Section 
101(4)(A)(i) shall be applied by substituting ‘1 
or more employees’ for ‘50 or more employees 
for each working day during each of 20 or more 
calendar workweeks in the current or preceding 
calendar year’. 
‘‘(C) HEALTH
CARE
PROVIDER.—In sec-
tion 101(6), the term ‘health care provider’ in-
cludes a nurse practitioner. 
‘‘(D) PARENT.—In lieu of the definition in 
section 101(7), the term ‘parent’, with respect 
to an employee, means any of the following: 
‘‘(i) A biological, foster, or adoptive 
parent of the employee. 
‘‘(ii) A stepparent of the employee. 
‘‘(iii) A parent-in-law of the employee. 
‘‘(iv) A parent of a domestic partner 
of the employee. 
‘‘(v) A legal guardian or other person 
who stood in loco parentis to an employee 
when the employee was a child. 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
‘‘(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 that a pub-
lic health emergency has been declared in a lo-
cation that includes the employee’s work (in-
cluding the commuting route of the employee), 
residence, or community, and the employee has 
a need for leave for one of the following: 
‘‘(i) To comply with a recommenda-
tion or order by a health authority having 
jurisdiction or a health care provider on 
the basis that— 
‘‘(I) the physical presence of the 
employee on the job would jeopardize 
the health of others because of— 
‘‘(aa) the exposure of the 
employee to coronavirus; or 
‘‘(bb) exhibition of symp-
toms of coronavirus by the em-
ployee; and 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
‘‘(II) the employee is unable to 
both perform the functions of the po-
sition of such employee and comply 
with such recommendation or order. 
‘‘(ii) To care for a family member of 
an eligible employee with respect to whom 
a health authority having jurisdiction or a 
health care provider makes a determina-
tion that the presence of the family mem-
ber in the community would jeopardize the 
health of other individuals in the commu-
nity because of— 
‘‘(I) the exposure of such family 
member to coronavirus; or 
‘‘(II) exhibition of symptoms of 
coronavirus by such family member. 
‘‘(iii) To care for the son or daughter 
of such employee if the school or place of 
care has been closed, or the child care pro-
vider of such son or daughter is unavail-
able, due to a public health emergency. 
‘‘(B) PUBLIC HEALTH EMERGENCY.—The 
term ‘public health emergency’ means an emer-
gency with respect to coronavirus declared by a 
Federal, State, or local authority. 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
‘‘(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) 
CORONAVIRUS.—The 
term 
‘coronavirus’ has the meaning given the term in 
section 506 of the Coronavirus Preparedness 
and Response Supplemental Appropriations 
Act, 2020. 
‘‘(E) 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). 
‘‘(F) FAMILY.—The term ‘family member’, 
with respect to an employee, means any of the 
following: 
‘‘(i) A parent of the employee. 
‘‘(ii) A spouse of the employee. 
‘‘(iii) A sibling of the employee. 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
‘‘(iv) Next of kin of the employee or 
a person for whom the employee is next of 
kin. 
‘‘(v) A son or daughter of the em-
ployee. 
‘‘(vi) A grandparent or grandchild of 
the employee. 
‘‘(b) LEAVE TAKEN INTERMITTENTLY OR ON A RE-
DUCED WORK SCHEDULE.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
leave taken under section 102(a)(1)(F) may not be 
taken intermittently or on a reduced work schedule. 
‘‘(2) CARE
FOR
SON
OR
DAUGHTER.—Para-
graph (1) shall not apply with respect to leave taken 
for the purpose described in subsection (a)(2)(A)(iii) 
if the son or daughter of the employee with respect 
to whom the subsection applies has not been exposed 
to coronavirus. 
‘‘(c) RELATIONSHIP TO PAID LEAVE.— 
‘‘(1) IN GENERAL.—An employee may elect to 
substitute any of the accrued vacation leave, per-
sonal leave, or medical or sick leave for leave under 
section 102(a)(1)(F) in accordance with section 
102(d)(2)(B). 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
‘‘(2) EMPLOYER REQUIREMENT.—An employer 
may not require an employee to substitute any leave 
as described in paragraph (1) for leave under section 
102(a)(1)(F). 
‘‘(d) 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. 
‘‘(e) CERTIFICATION.— 
‘‘(1) IN GENERAL.—An employer may require 
that a request for leave under section 102(a)(1)(F) 
be supported by documentation described in para-
graph (2). An employer may not require such docu-
mentation until not later than 3 weeks after the date 
on which the employee takes such leave. 
‘‘(2) SUFFICIENT
CERTIFICATION.—The fol-
lowing documentation shall be sufficient certifi-
cation: 
‘‘(A) With respect to leave taken for the 
purposes described in clause (i) or (ii) of sub-
section (a)(2)(A)— 
‘‘(i) a recommendation or order from 
a health authority having jursidiction or a 
health care provider that the relevant indi-
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
vidual has symptoms of coronavirus or 
should be quarantined; or 
‘‘(ii) documentation or evidence that 
the relevant individual has been exposed to 
coronavirus. 
‘‘(B) With respect to leave taken for the 
purposes described in clause (iii) of subsection 
(a)(2)(A), notice from the school, place of care, 
or child care provider of the son or daughter of 
the employee of closure or unavailability. 
‘‘(f) 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 
economic conditions or other changes in oper-
ating conditions of the employer— 
‘‘(i) that affect employment; and 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
‘‘(ii) are caused by a public health cri-
sis 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 
‘‘(B) the date that is 12 weeks after the 
date on which the employee’s leave under sec-
tion 102(a)(1)(F) commences.’’. 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
DIVISION E—EMERGENCY UNEM-
PLOYMENT INSURANCE STA-
BILIZATION AND ACCESS ACT 
OF 2020 
SEC. 101. SHORT TITLE. 
This division may be cited as the ‘‘Emergency Unem-
ployment Insurance Stabilization and Access Act of 
2020’’. 
SEC. 102. 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, by trans-
fer from amounts reserved for that purpose in the Federal 
unemployment account, in accordance 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 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
multiplying $1,000,000,000 by the same ratio as would 
apply under subsection (a)(2)(B) for purposes of deter-
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 30 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 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: 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS
‘‘(A) The State requires employers to provide 
notification of the availability of unemployment com-
pensation to employees at the time of separation 
from employment. Such notification may be based 
on model language issued by the Secretary 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 
VerDate Sep 11 2014 
00:50 Mar 12, 2020
Jkt 099200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H6201.IH
H6201
kjohnson on DSK79L0C42PROD with BILLS