H. Res. 904 
In the House of Representatives, U. S., 
March 16, 2020. 
Resolved, That the Clerk of the House of Representatives 
shall, in the engrossment of the bill H.R. 6201, make the fol-
lowing corrections: 
Ω1æ Amend division A to read as follows: 
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 pur-
poses, namely: 
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 Supplemental 
Nutrition Program for Women, Infants, and Children’’,
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$500,000,000, to remain available through September 30, 
2021: Provided, That such amount is designated by the Con-
gress as being for an emergency requirement pursuant to sec-
tion 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
COMMODITY ASSISTANCE PROGRAM 
For an additional amount for the ‘‘Commodity Assist-
ance Program’’ for the emergency food assistance program as 
authorized by section 27(a) of the Food and Nutrition Act of 
2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the Emer-
gency 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 Sec-
retary 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 emer-
gency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 1101. (a) PUBLIC HEALTH EMERGENCY.—During 
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 otherwise be in 
session, each household containing at least 1 member who is
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an eligible child attending the school shall be eligible to re-
ceive 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 ap-
proved by the Secretary shall provide for supplemental allot-
ments to households receiving benefits under such Act, and 
issuances to households not already receiving 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 Secretary 
of Agriculture shall not provide assistance under this section 
in the case of a school that is closed for less than 5 consecu-
tive days. 
(d) USE OF EBT SYSTEM.—A State agency may provide 
assistance under this section through the EBT card system 
established under section 7 of the Food and Nutrition Act of 
2008 (7 U.S.C. 2016). 
(e) RELEASE OF INFORMATION.—Notwithstanding any 
other provision of law, the Secretary of Agriculture may au-
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thorize 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 administering the supple-
mental nutrition assistance program such information as may 
be necessary to carry out this section. 
(f) WAIVERS.—To facilitate implementation of this sec-
tion, the Secretary of Agriculture may approve waivers of the 
limits on certification periods otherwise applicable under sec-
tion 3(f) of the Food and Nutrition Act of 2008 (7 U.S.C. 
2012(f)), reporting requirements otherwise applicable under 
section 6(c) of such Act (7 U.S.C. 2015(c)), and other ad-
ministrative requirements otherwise applicable to State agen-
cies under such Act. 
(g) AVAILABILITY OF COMMODITIES.—During fiscal year 
2020, the Secretary of Agriculture may purchase commodities 
for emergency distribution in any area of the United States 
during a public health emergency designation. 
(h) DEFINITIONS.—In this section: 
(1) The term ‘‘eligible child’’ means a child (as de-
fined 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 clo-
sure of the school attended by the child during a public 
health emergency designation and due to concerns about
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a COVID–19 outbreak, would receive free or reduced 
price school meals under the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 175l et seq.) at the 
school. 
(2) The term ‘‘public health emergency designa-
tion’’ means the declaration of a public health emer-
gency, 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). 
(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 des-
ignated by the Congress as being for an emergency require-
ment pursuant to section 251(b)(2)(A)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
SEC. 1102. In addition to amounts otherwise made avail-
able, $100,000,000, to remain available through September 
30, 2021, shall be available for the Secretary of Agriculture 
to provide grants to the Commonwealth of the Northern Mar-
iana Islands, Puerto Rico, and American Samoa for nutrition 
assistance in response to a COVID–19 public health emer-
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gency: Provided, That such amount is designated by the Con-
gress as being for an emergency requirement pursuant to sec-
tion 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
TITLE II 
DEPARTMENT OF DEFENSE 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $82,000,000, to remain available until September 30, 
2022, for health services consisting of SARS–CoV–2 or 
COVID–19 related items and services as described in section 
6006(a) of division F of the Families First Coronavirus Re-
sponse Act (or the administration of such products): Pro-
vided, 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 Def-
icit Control Act of 1985. 
TITLE III 
DEPARTMENT OF THE TREASURY 
INTERNAL REVENUE SERVICE 
TAXPAYER SERVICES 
For an additional amount for ‘‘Taxpayer Services’’, 
$15,000,000, to remain available until September 30, 2022, 
for the purposes of carrying out the Families First 
Coronavirus Response Act: Provided, That amounts provided
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under this heading in this Act may be transferred to and 
merged with ‘‘Operations Support’’: Provided further, That 
such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of 
the Balanced Budget and Emergency Deficit Control Act of 
1985. 
TITLE IV 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
INDIAN HEALTH SERVICE 
INDIAN HEALTH SERVICES 
For an additional amount for ‘‘Indian Health Services’’, 
$64,000,000, to remain available until September 30, 2022, 
for health services consisting of SARS–CoV–2 or COVID–19 
related items and services as described in section 6007 of di-
vision F of the Families First Coronavirus Response Act (or 
the administration of such products): Provided, That such 
amounts shall be allocated at the discretion of the Director 
of the Indian Health Service: Provided further, That such 
amount is designated by the Congress as being for an emer-
gency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985.
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TITLE V 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
ADMINISTRATION FOR COMMUNITY LIVING 
AGING AND DISABILITY SERVICES PROGRAMS 
For an additional amount for ‘‘Aging and Disability 
Services Programs’’, $250,000,000, to remain available until 
September 30, 2021, for activities authorized under subparts 
1 and 2 of part C, of title III, and under title VI, of the 
Older 
Americans 
Act 
of 
1965 
(‘‘OAA’’), 
of 
which 
$160,000,000 shall be for Home-Delivered Nutrition Services, 
$80,000,000 shall be for Congregate Nutrition Services, and 
$10,000,000 shall be for Nutrition Services for Native Ameri-
cans: Provided, That State matching requirements under sec-
tions 304(d)(1)(D) and 309(b)(2) of the OAA shall not apply 
to funds made available under this heading in this Act: Pro-
vided further, That such amount is designated by the Con-
gress as being for an emergency requirement pursuant to sec-
tion 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
OFFICE OF THE SECRETARY 
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND 
For an additional amount for ‘‘Public Health and Social 
Services Emergency Fund’’, $1,000,000,000, to remain avail-
able until expended, for activities authorized under section 
2812 of the Public Health Service Act (42 U.S.C. 300hh–11),
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in coordination with the Assistant Secretary for Preparedness 
and Response and the Administrator of the Centers for Medi-
care & Medicaid Services, to pay the claims of providers for 
reimbursement, as described in subsection (a)(3)(D) of such 
section 2812, for health services consisting of SARS–CoV–2 
or COVID–19 related items and services as described in 
paragraph (1) of section 6001(a) of division F of the Fami-
lies First Coronavirus Response Act (or the administration of 
such products) or visits described in paragraph (2) of such 
section for uninsured individuals: Provided, That the term 
‘‘uninsured individual’’ in this paragraph means an individual 
who is not enrolled in— 
(1) a Federal health care program (as defined 
under section 1128B(f) of the Social Security Act (42 
U.S.C. 1320a-7b(f)), including an individual who is eligi-
ble for medical assistance only because of subsection 
(a)(10)(A)(ii)(XXIII) of Section 1902 of the Social Se-
curity Act; or 
(2) a group health plan or health insurance cov-
erage offered by a health insurance issuer in the group 
or individual market (as such terms are defined in sec-
tion 2791 of the Public Health Service Act (42 U.S.C. 
300gg-91)), or a health plan offered under chapter 89 
of title 5, United States Code:
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Provided further, That such amount is designated by the Con-
gress as being for an emergency requirement pursuant to sec-
tion 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
TITLE VI 
DEPARTMENT OF VETERANS AFFAIRS 
VETERANS HEALTH ADMINISTRATION 
MEDICAL SERVICES 
For an additional amount for ‘‘Medical Services’’, 
$30,000,000, to remain available until September 30, 2022, 
for health services consisting of SARS–CoV–2 or COVID–19 
related items and services as described in section 6006(b) of 
division F of the Families First Coronavirus Response Act 
(or the administration of such products): Provided, That such 
amount is designated by the Congress as being for an emer-
gency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985. 
MEDICAL COMMUNITY CARE 
For an additional amount for ‘‘Medical Community 
Care’’, $30,000,000, to remain available until September 30, 
2022, for health services consisting of SARS–CoV–2 or 
COVID–19 related items and services as described in section 
6006(b) of division F of the Families First Coronavirus Re-
sponse Act (or the administration of such products): Pro-
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vided, 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 Def-
icit Control Act of 1985. 
TITLE VII 
GENERAL PROVISIONS—THIS ACT 
SEC. 1701. Not later than 30 days after the date of en-
actment 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 Representatives and the Sen-
ate: Provided, That each report shall include estimated per-
sonnel and administrative costs, as well as the total amount 
of funding apportioned, allotted, obligated, and expended, to 
date: Provided further, That each such plan shall be updated 
and submitted to such Committees every 60 days until all 
funds are expended or expire. 
SEC. 1702. States and local governments receiving funds 
or assistance pursuant to this division shall ensure the re-
spective State Emergency Operations Center receives regular 
and real-time reporting on aggregated data on testing and re-
sults from State and local public health departments, as de-
termined by the Director of the Centers for Disease Control 
and Prevention, and that such data is transmitted to the 
Centers for Disease Control and Prevention.
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SEC. 1703. Each amount appropriated or made available 
by this Act is in addition to amounts otherwise appropriated 
for the fiscal year involved. 
SEC. 1704. No part of any appropriation contained in 
this Act shall remain available for obligation beyond the cur-
rent fiscal year unless expressly so provided herein. 
SEC. 1705. Unless otherwise provided for by this Act, 
the additional amounts appropriated by this Act to appropria-
tions accounts shall be available under the authorities and 
conditions applicable to such appropriations accounts for fis-
cal year 2020. 
SEC. 1706. 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 Emer-
gency Deficit Control Act of 1985 shall be available (or re-
scinded or transferred, if applicable) only if the President 
subsequently so designates all such amounts and transmits 
such designations to the Congress. 
SEC. 1707. Any amount appropriated by this Act, des-
ignated by the Congress as an emergency requirement pursu-
ant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 and subsequently so 
designated by the President, and transferred pursuant to 
transfer authorities provided by this Act shall retain such 
designation.
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This division may be cited as the ‘‘Second Coronavirus 
Preparedness and Response Supplemental Appropriations 
Act, 2020’’. 
Ω2æ Amend division C to read as follows: 
DIVISION C—EMERGENCY FAMILY 
AND MEDICAL LEAVE EXPAN-
SION ACT 
SEC. 3101. SHORT TITLE. 
This Act may be cited as ‘‘Emergency Family and Med-
ical Leave Expansion Act’’. 
SEC. 3102. AMENDMENTS TO THE FAMILY AND MEDICAL LEAVE 
ACT OF 1993. 
(a) PUBLIC HEALTH EMERGENCY LEAVE.— 
(1) IN GENERAL.—Section 102(a)(1) of the Family 
and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) 
is amended by adding at the end the following: 
‘‘(F) During the period beginning on the date 
the Emergency Family and Medical Leave Expan-
sion Act takes effect, and ending on December 31, 
2020, because of a qualifying need related to a pub-
lic health emergency in accordance with section 
110.’’. 
(2) PAID LEAVE REQUIREMENT.—Section 102(c) of 
the Family and Medical Leave Act of 1993 (29 U.S.C. 
2612(c)) is amended by striking ‘‘under subsection (a)’’
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and inserting ‘‘under subsection (a) (other than certain 
periods of leave under subsection (a)(1)(F))’’. 
(b) REQUIREMENTS.—Title I of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2611 et seq.) is amended by 
adding at the end the following: 
‘‘SEC. 110. PUBLIC HEALTH EMERGENCY LEAVE. 
‘‘(a) DEFINITIONS.—The following shall apply with re-
spect to leave under section 102(a)(1)(F): 
‘‘(1) APPLICATION OF CERTAIN TERMS.—The defi-
nitions in section 101 shall apply, except as follows: 
‘‘(A) ELIGIBLE EMPLOYEE.—In lieu of the def-
inition in sections 101(2)(A) and 101(2)(B)(ii), the 
term ‘eligible employee’ means an employee who has 
been employed for at least 30 calendar days by the 
employer with respect to whom leave is requested 
under section 102(a)(1)(F). 
‘‘(B) 
EMPLOYER
THRESHOLD.—Section 
101(4)(A)(i) shall be applied by substituting ‘fewer 
than 500 employees’ for ‘50 or more employees for 
each working day during each of 20 or more cal-
endar workweeks in the current or preceding cal-
endar year’. 
‘‘(2) ADDITIONAL DEFINITIONS.—In addition to the 
definitions described in paragraph (1), the following defi-
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nitions shall apply with respect to leave under section 
102(a)(1)(F): 
‘‘(A) QUALIFYING NEED RELATED TO A PUB-
LIC
HEALTH
EMERGENCY.—The term ‘qualifying 
need related to a public health emergency’, with re-
spect to leave, means the employee is unable to 
work (or telework) due to a need for leave to care 
for the son or daughter under 18 years of age of 
such employee if the school or place of care has 
been closed, or the child care provider of such son 
or daughter is unavailable, due to a public health 
emergency. 
‘‘(B) PUBLIC HEALTH EMERGENCY.—The term 
‘public health emergency’ means an emergency with 
respect to COVID–19 declared by a Federal, State, 
or local authority. 
‘‘(C) CHILD CARE PROVIDER.—The term ‘child 
care provider’ means a provider who receives com-
pensation for providing child care services on a reg-
ular basis, including an ‘eligible child care provider’ 
(as defined in section 658P of the Child Care and 
Development Block Grant Act of 1990 (42 U.S.C. 
9858n)). 
‘‘(D) SCHOOL.—The term ‘school’ means an 
‘elementary school’ or ‘secondary school’ as such
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terms are defined in section 8101 of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 7801). 
‘‘(3) REGULATORY
AUTHORITIES.—The Secretary 
of Labor shall have the authority to issue regulations for 
good cause under sections 553(b)(B) and 553(d)(A) of 
title 5, United States Code— 
‘‘(A) to exclude certain health care providers 
and emergency responders from the definition of eli-
gible employee under section 110(a)(1)(A); and 
‘‘(B) to exempt small businesses with fewer 
than 50 employees from the requirements of section 
102(a)(1)(F) when the imposition of such require-
ments would jeopardize the viability of the business 
as a going concern. 
‘‘(b) RELATIONSHIP TO PAID LEAVE.— 
‘‘(1) UNPAID LEAVE FOR INITIAL 10 DAYS.— 
‘‘(A) IN
GENERAL.—The first 10 days for 
which an employee takes leave under section 
102(a)(1)(F) may consist of unpaid leave. 
‘‘(B) EMPLOYEE
ELECTION.—An employee 
may elect to substitute any accrued vacation leave, 
personal leave, or medical or sick leave for unpaid 
leave under section 102(a)(1)(F) in accordance with 
section 102(d)(2)(B).
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‘‘(2) PAID LEAVE FOR SUBSEQUENT DAYS.— 
‘‘(A) IN GENERAL.—An employer shall provide 
paid leave for each day of leave under section 
102(a)(1)(F) that an employee takes after taking 
leave under such section for 10 days. 
‘‘(B) CALCULATION.— 
‘‘(i) IN GENERAL.—Subject to clause (ii), 
paid leave under subparagraph (A) for an em-
ployee shall be calculated based on— 
‘‘(I) an amount that is not less than 
two-thirds of an employee’s regular rate of 
pay (as determined under section 7(e) of 
the Fair Labor Standards Act of 1938 
(29 U.S.C. 207(e)); and 
‘‘(II) the number of hours the em-
ployee would otherwise be normally sched-
uled to work (or the number of hours cal-
culated under subparagraph (C)). 
‘‘(ii) CLARIFICATION.—In no event shall 
such paid leave exceed $200 per day and 
$10,000 in the aggregate. 
‘‘(C) VARYING
SCHEDULE
HOURS
CALCULA-
TION.—In the case of an employee whose schedule 
varies from week to week to such an extent that an 
employer is unable to determine with certainty the
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number of hours the employee would have worked 
if such employee had not taken leave under section 
102(a)(1)(F), the employer shall use the following 
in place of such number: 
‘‘(i) Subject to clause (ii), a number equal 
to the average number of hours that the em-
ployee was scheduled per day over the 6-month 
period ending on the date on which the em-
ployee takes such leave, including hours for 
which the employee took leave of any type. 
‘‘(ii) If the employee did not work over 
such period, the reasonable expectation of the 
employee at the time of hiring of the average 
number of hours per day that the employee 
would normally be scheduled to work. 
‘‘(c) NOTICE.—In any case where the necessity for leave 
under section 102(a)(1)(F) for the purpose described in sub-
section (a)(2)(A)(iii) is foreseeable, an employee shall provide 
the employer with such notice of leave as is practicable. 
‘‘(d) RESTORATION TO POSITION.— 
‘‘(1) IN
GENERAL.—Section 104(a)(1) shall not 
apply with respect to an employee of an employer who 
employs fewer than 25 employees if the conditions de-
scribed in paragraph (2) are met.
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‘‘(2) CONDITIONS.—The conditions described in this 
paragraph are the following: 
‘‘(A) The employee takes leave under section 
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 operating conditions 
of the employer— 
‘‘(i) that affect employment; and 
‘‘(ii) are caused by a public health emer-
gency during the period of leave. 
‘‘(C) The employer makes reasonable efforts to 
restore the employee to a position equivalent to the 
position the employee held when the leave com-
menced, with equivalent employment benefits, pay, 
and other terms and conditions of employment. 
‘‘(D) If the reasonable efforts of the employer 
under subparagraph (C) fail, the employer makes 
reasonable efforts during the period described in 
paragraph (3) to contact the employee if an equiva-
lent 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—
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‘‘(A) the date on which the qualifying need re-
lated to a public health emergency concludes; or 
‘‘(B) the date that is 12 weeks after the date 
on which the employee’s leave under section 
102(a)(1)(F) commences.’’. 
SEC. 
3103. 
EMPLOYMENT 
UNDER 
MULTI-EMPLOYER 
BAR-
GAINING AGREEMENTS. 
(a) EMPLOYERS.—An employer signatory to a multiem-
ployer collective bargaining agreement may, consistent with 
its bargaining obligations and its collective bargaining agree-
ment, fulfill its obligations under section 110(b)(2) of title I 
of the Family and Medical Leave Act of 1993, as added by 
the Families First Coronavirus Response Act, by making con-
tributions to a multiemployer fund, plan, or program based 
on the paid leave each of its employees is entitled to under 
such section while working under the multiemployer collective 
bargaining agreement, provided that the fund, plan, or pro-
gram enables employees to secure pay from such fund, plan, 
or program based on hours they have worked under the mul-
tiemployer collective bargaining agreement for paid leave 
taken under section 102(a)(1)(F) of title I of the Family and 
Medical Leave Act of 1993, as added by the Families First 
Coronavirus Response Act. 
(b) EMPLOYEES.—Employees who work under a multi-
employer collective bargaining agreement into which their em-
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ployers make contributions as provided in subsection (a) may 
secure pay from such fund, plan, or program based on hours 
they have worked under the multiemployer collective bar-
gaining agreement for paid leave taken under section 
102(a)(1)(F) of title I of the Family and Medical Leave Act 
of 1993, as added by the Families First Coronavirus Re-
sponse Act. 
SEC. 3104. SPECIAL RULE FOR CERTAIN EMPLOYERS. 
An employer under 110(a)(B) shall not be subject to 
section 107(a) for a violation of section 102(a)(1)(F) if the 
employer does not meet the definition of employer set forth 
in Section 101(4)(A)(i). 
SEC. 3105. SPECIAL RULE FOR HEALTH CARE PROVIDERS AND 
EMERGENCY RESPONDERS. 
An employer of an employee who is a health care pro-
vider or an emergency responder may elect to exclude such 
employee from the application of the provisions in the amend-
ments made under of section 3102 of this Act. 
SEC. 3106. EFFECTIVE DATE. 
This Act shall take effect not later than 15 days after 
the date of enactment of this Act. 
Ω3æ Amend division E to read as follows:
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DIVISION E—EMERGENCY PAID 
SICK LEAVE ACT 
SEC. 5101. SHORT TITLE. 
This Act may be cited as the ‘‘Emergency Paid Sick 
Leave Act’’. 
SEC. 5102. PAID SICK TIME REQUIREMENT. 
(a) IN GENERAL.—An employer shall provide to each 
employee employed by the employer paid sick time to the ex-
tent that the employee is unable to work (or telework) due 
to a need for leave because: 
(1) The employee is subject to a Federal, State, or 
local quarantine or isolation order related to COVID–19. 
(2) The employee has been advised by a health care 
provider to self-quarantine due to concerns related to 
COVID–19. 
(3) The employee is experiencing symptoms of 
COVID–19 and seeking a medical diagnosis. 
(4) The employee is caring for an individual who is 
subject to an order as described in subparagraph (1) or 
has been advised as described in paragraph (2). 
(5) The employee is caring for a son or daughter 
of such employee if the school or place of care of the son 
or daughter has been closed, or the child care provider 
of such son or daughter is unavailable, due to COVID– 
19 precautions.
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(6) The employee is experiencing any other substan-
tially similar condition specified by the Secretary of 
Health and Human Services in consultation with the 
Secretary of the Treasury and the Secretary of Labor. 
Except that an employer of an employee who is a health care 
provider or an emergency responder may elect to exclude such 
employee from the application of this subsection. 
(b) DURATION OF PAID SICK TIME.— 
(1) IN GENERAL.—An employee shall be entitled to 
paid sick time for an amount of hours determined under 
paragraph (2). 
(2) AMOUNT OF HOURS.—The amount of hours of 
paid sick time to which an employee is entitled shall be 
as follows: 
(A) For full-time employees, 80 hours. 
(B) For part-time employees, a number of 
hours equal to the number of hours that such em-
ployee works, on average, over a 2-week period. 
(3) CARRYOVER.—Paid sick time under this section 
shall not carry over from 1 year to the next. 
(c) EMPLOYER’S TERMINATION OF PAID SICK TIME.— 
Paid sick time provided to an employee under this Act shall 
cease beginning with the employee’s next scheduled workshift 
immediately following the termination of the need for paid 
sick time under subsection (a).
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(d) PROHIBITION.—An employer may not require, as a 
condition of providing paid sick time under this Act, that the 
employee involved search for or find a replacement employee 
to cover the hours during which the employee is using paid 
sick time. 
(e) USE OF PAID SICK TIME.— 
(1) IN GENERAL.—The paid sick time under sub-
section (a) shall be available for immediate use by the 
employee for the purposes described in such subsection, 
regardless of how long the employee has been employed 
by an employer. 
(2) SEQUENCING.— 
(A) IN GENERAL.—An employee may first use 
the paid sick time under subsection (a) for the pur-
poses described in such subsection. 
(B) PROHIBITION.—An employer may not re-
quire an employee to use other paid leave provided 
by the employer to the employee before the em-
ployee uses the paid sick time under subsection (a). 
SEC. 5103. NOTICE. 
(a) IN GENERAL.—Each employer shall post and keep 
posted, in conspicuous places on the premises of the employer 
where notices to employees are customarily posted, a notice, 
to be prepared or approved by the Secretary of Labor, of the 
requirements described in this Act.
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(b) MODEL NOTICE.—Not later than 7 days after the 
date of enactment of this Act, the Secretary of Labor shall 
make publicly available a model of a notice that meets the re-
quirements of subsection (a). 
SEC. 5104. PROHIBITED ACTS. 
It shall be unlawful for any employer to discharge, dis-
cipline, or in any other manner discriminate against any em-
ployee who— 
(1) takes leave in accordance with this Act; and 
(2) has filed any complaint or instituted or caused 
to be instituted any proceeding under or related to this 
Act (including a proceeding that seeks enforcement of 
this Act), or has testified or is about to testify in any 
such proceeding. 
SEC. 5105. ENFORCEMENT. 
(a) UNPAID SICK LEAVE.—An employer who violates 
section 5102 shall— 
(1) be considered to have failed to pay minimum 
wages in violation of section 6 of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 206); and 
(2) be subject to the penalties described in sections 
16 and 17 of such Act (29 U.S.C. 216; 217) with re-
spect to such violation. 
(b) UNLAWFUL TERMINATION.—An employer who will-
fully violates section 5104 shall—
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(1) be considered to be in violation of section 
15(a)(3) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 215(a)(3)); and 
(2) be subject to the penalties described in sections 
16 and 17 of such Act (29 U.S.C. 216; 217) with re-
spect to such violation. 
SEC. 
5106. 
EMPLOYMENT 
UNDER 
MULTI-EMPLOYER 
BAR-
GAINING AGREEMENTS. 
(a) EMPLOYERS.—An employer signatory to a multiem-
ployer collective bargaining agreement may, consistent with 
its bargaining obligations and its collective bargaining agree-
ment, fulfill its obligations under this Act by making con-
tributions to a multiemployer fund, plan, or program based 
on the hours of paid sick time each of its employees is enti-
tled to under this Act while working under the multiemployer 
collective bargaining agreement, provided that the fund, plan, 
or program enables employees to secure pay from such fund, 
plan, or program based on hours they have worked under the 
multiemployer collective bargaining agreement and for the 
uses specified under section 5102(a). 
(b) EMPLOYEES.—Employees who work under a multi-
employer collective bargaining agreement into which their em-
ployers make contributions as provided in subsection (a) may 
secure pay from such fund, plan, or program based on hours
•HRES 904 EH 
(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 subpara-
graph (E) or (F), including such an employee of the 
Library of Congress, except that a reference in such 
section to an employer shall be considered to be a 
reference to an employer described in clauses (i)(I) 
and (ii) of paragraph (5)(A); or 
(ii) an employee of the Government Account-
ability 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 section 
101 of the Congressional Accountability Act of 
1995 (2 U.S.C. 1301), other than an applicant for 
employment; 
(D) a covered employee, as defined in section 
411(c) of title 3, United States Code; 
(E) a Federal officer or employee covered 
under subchapter V of chapter 63 of title 5, United 
States Code; or 
(F) any other individual occupying a position 
in the civil service (as that term is defined in sec-
tion 2101(1) of title 5, United States Code).
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(2) EMPLOYER.— 
(A) IN
GENERAL.—The term ‘‘employer’’ 
means a person who is— 
(i)(I) a covered employer, as defined in 
subparagraph (B), who is not covered under 
subclause (V); 
(II) an entity employing a State employee 
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 Accountability 
Act of 1995; 
(IV) an employing office, as defined in 
section 411(c) of title 3, United States Code; 
or 
(V) an Executive Agency as defined in 
section 105 of title 5, United States Code, and 
including the U.S. Postal Service and the Post-
al Regulatory Commission; and 
(ii) engaged in commerce (including gov-
ernment), or an industry or activity affecting 
commerce (including government), as defined 
in subparagraph (B)(iii). 
(B) COVERED EMPLOYER.—
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(i) 
IN
GENERAL.—In 
subparagraph 
(A)(i)(I), the term ‘‘covered employer’’— 
(I) means any person engaged in 
commerce or in any industry or activity 
affecting commerce that— 
(aa) in the case of a private en-
tity or individual, employs fewer than 
500 employees; and 
(bb) in the case of a public agen-
cy or any other entity that is not a 
private entity or individual, employs 
1 or more employees; 
(II) includes— 
(aa) includes any person acting 
directly or indirectly in the interest of 
an employer in relation to an em-
ployee (within the meaning of such 
phrase in section 3(d) of the Fair 
Labor Standards Act of 1938 (29 
U.S.C. 203(d)); and 
(bb) any successor in interest of 
an employer; 
(III) includes any ‘‘public agency’’, as 
defined in section 3(x) of the Fair Labor
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Standards Act of 1938 (29 U.S.C. 
203(x)); and 
(IV) includes the Government Ac-
countability Office and the Library of 
Congress. 
(ii) PUBLIC
AGENCY.—For purposes of 
clause (i)(IV), a public agency shall be consid-
ered to be a person engaged in commerce or in 
an industry or activity affecting commerce. 
(iii) DEFINITIONS.—For purposes of this 
subparagraph: 
(I) COMMERCE.—The terms ‘‘com-
merce’’ and ‘‘industry or activity affecting 
commerce’’ means any activity, 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 ‘‘indus-
try affecting commerce’’, as defined in 
paragraphs (1) and (3) of section 501 of 
the Labor Management Relations Act of 
1947 (29 U.S.C. 142 (1) and (3)). 
(II) EMPLOYEE.—The term ‘‘em-
ployee’’ has the same meaning given such 
term in section 3(e) of the Fair Labor
•HRES 904 EH 
Standards Act of 1938 (29 U.S.C. 
203(e)). 
(III) PERSON.—The term ‘‘person’’ 
has the same meaning given such term in 
section 3(a) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 203(a)). 
(3) FLSA 
TERMS.—The terms ‘‘employ’’ and 
‘‘State’’ have the meanings given such terms in section 
3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203). 
(4) FMLA TERMS.—The terms ‘‘health care pro-
vider’’ and ‘‘son or daughter’’ have the meanings given 
such terms in section 101 of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2611). 
(5) PAID SICK TIME.— 
(A) IN GENERAL.—The term ‘‘paid sick time’’ 
means an increment of compensated leave that— 
(i) is provided by an employer for use dur-
ing an absence from employment for a reason 
described in any paragraph of section 2(a); and 
(ii) is calculated based on the employee’s 
required compensation under subparagraph (B) 
and the number of hours the employee would 
otherwise be normally scheduled to work (or 
the number of hours calculated under subpara-
•HRES 904 EH 
graph (C)), except that in no event shall such 
paid sick time exceed— 
(I) $511 per day and $5,110 in the 
aggregate for a use described in para-
graph (1), (2), or (3) of section 5102(a); 
and 
(II) $200 per day and $2,000 in the 
aggregate for a use described in para-
graph (4), (5), or (6) of section 5102(a). 
(B) REQUIRED COMPENSATION.— 
(i) IN
GENERAL.—Subject to subpara-
graph (A)(ii), the employee’s required com-
pensation under this subparagraph shall be not 
less than the greater of the following: 
(I) The employee’s regular rate of 
pay (as determined under section 7(e) of 
the Fair Labor Standards Act of 1938 
(29 U.S.C. 207(e)). 
(II) The minimum wage rate in effect 
under section 6(a)(1) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 
206(a)(1)). 
(III) The minimum wage rate in ef-
fect for such employee in the applicable
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State or locality, whichever is greater, in 
which the employee is employed. 
(ii) SPECIAL RULE FOR CARE OF FAMILY 
MEMBERS.—Subject to subparagraph (A)(ii), 
with respect to any paid sick time provided for 
any use described in paragraph (4), (5), or (6) 
of section 5102(a), the employee’s required 
compensation under this subparagraph shall be 
two-thirds of the amount described in clause 
(B)(i). 
(C) VARYING
SCHEDULE
HOURS
CALCULA-
TION.—In the case of a part-time employee de-
scribed in section 5102(b)(2)(B) whose schedule 
varies from week to week to such an extent that an 
employer is unable to determine with certainty the 
number of hours the employee would have worked 
if such employee had not taken paid sick time under 
section 2(a), the employer shall use the following in 
place of such number: 
(i) Subject to clause (ii), a number equal 
to the average number of hours that the em-
ployee was scheduled per day over the 6-month 
period ending on the date on which the em-
ployee takes the paid sick time, including hours 
for which the employee took leave of any type.
•HRES 904 EH 
(ii) If the employee did not work over 
such period, the reasonable expectation of the 
employee at the time of hiring of the average 
number of hours per day that the employee 
would normally be scheduled to work. 
(D) GUIDELINES.—Not later than 15 days 
after the date of the enactment of this Act, the Sec-
retary of Labor shall issue guidelines to assist em-
ployers in calculating the amount of paid sick time 
under subparagraph (A). 
(E) REASONABLE
NOTICE.—After the first 
workday (or portion thereof) an employee receives 
paid sick time under this Act, an employer may re-
quire the employee to follow reasonable notice pro-
cedures in order to continue receiving such paid 
sick time. 
SEC. 5111. REGULATORY AUTHORITIES. 
The Secretary of Labor shall have the authority to issue 
regulations for good cause under sections 553(b)(B) and 
553(d)(A) of title 5, United States Code— 
(1) to exclude certain health care providers and 
emergency responders from the definition of employee 
under section 5110(1) including by allowing the em-
ployer of such health care providers and emergency re-
sponders to opt out;
•HRES 904 EH 
(2) to exempt small businesses with fewer than 50 
employees from the requirements of section 5102(a)(5) 
when the imposition of such requirements would jeop-
ardize the viability of the business as a going concern; 
and 
(3) as necessary, to carry out the purposes of this 
Act, including to ensure consistency between this Act 
and Division C and Division G of the Families First 
Coronavirus Response Act. 
Ω4æ Amend division F to read as follows: 
DIVISION F—HEALTH PROVISIONS 
SEC. 6001. COVERAGE OF TESTING FOR COVID–19. 
(a) IN GENERAL.—A group health plan and a health in-
surance issuer offering group or individual health insurance 
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, copayments, and coinsur-
ance) requirements or prior authorization or other medical 
management requirements, for the following items and serv-
ices furnished during any portion of the emergency period de-
fined in paragraph (1)(B) of section 1135(g) of the Social Se-
curity Act (42 U.S.C. 1320b–5(g)) beginning on or after the 
date of the enactment of this Act:
•HRES 904 EH 
(1) In vitro diagnostic products (as defined in sec-
tion 809.3(a) of title 21, Code of Federal Regulations) 
for the detection of SARS–CoV–2 or the diagnosis of the 
virus that causes COVID–19 that are approved, cleared, 
or authorized under section 510(k), 513, 515 or 564 of 
the Federal Food, Drug, and Cosmetic Act, and the ad-
ministration of such in vitro diagnostic products. 
(2) Items and services furnished to an individual 
during health care provider office visits (which term in 
this paragraph includes in-person visits and telehealth 
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), 
but only to the extent such items and services relate to 
the furnishing or administration of such product or to 
the evaluation of such individual for purposes of deter-
mining the need of such individual for such product. 
(b) ENFORCEMENT.—The provisions of subsection (a) 
shall be applied by the Secretary of Health and Human Serv-
ices, Secretary of Labor, and Secretary of the Treasury to 
group health plans and health insurance issuers offering 
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 Retirement In-
•HRES 904 EH 
come Security Act of 1974, and subchapter B of chapter 100 
of the Internal Revenue Code of 1986, as applicable. 
(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 oth-
erwise. 
(d) TERMS.—The terms ‘‘group health plan’’; ‘‘health in-
surance issuer’’; ‘‘group health insurance coverage’’, and ‘‘in-
dividual health insurance coverage’’ have the meanings given 
such terms in section 2791 of the Public Health Service Act 
(42 U.S.C. 300gg–91), section 733 of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1191b), and 
section 9832 of the Internal Revenue Code of 1986, as appli-
cable. 
SEC. 6002. WAIVING COST SHARING UNDER THE MEDICARE 
PROGRAM FOR CERTAIN VISITS RELATING TO 
TESTING FOR COVID–19. 
(a) IN GENERAL.—Section 1833 of the Social Security 
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 speci-
fied COVID–19 testing-related service described in
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paragraph (1) of subsection (cc) for which payment 
may be made under a specified outpatient payment 
provision described in paragraph (2) of such sub-
section, the amounts paid shall be 100 percent of 
the payment amount otherwise recognized under 
such respective specified outpatient payment provi-
sion for such service,’’; 
(2) in subsection (b), in the first sentence— 
(A) by striking ‘‘and’’ before ‘‘(10)’’; and 
(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 test-
ing-related service described in paragraph (1) of 
subsection (cc) for which payment may be made 
under a specified outpatient payment provision de-
scribed in paragraph (2) of such subsection’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(cc) SPECIFIED COVID–19 TESTING-RELATED SERV-
ICES.—For purposes of subsection (a)(1)(DD): 
‘‘(1) DESCRIPTION.— 
‘‘(A) IN
GENERAL.—A specified COVID–19 
testing-related service described in this paragraph is 
a medical visit that—
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‘‘(i) is in any of the categories of HCPCS 
evaluation and management service codes de-
scribed in subparagraph (B); 
‘‘(ii) is furnished during any portion of 
the emergency period (as defined in section 
1135(g)(1)(B)) (beginning on or after the date 
of enactment of this subsection); 
‘‘(iii) results in an order for or adminis-
tration of a clinical diagnostic laboratory test 
described in section 1852(a)(1)(B)(iv)(IV); and 
‘‘(iv) relates to the furnishing or adminis-
tration of such test or to the evaluation of such 
individual for purposes of determining the need 
of such individual for such test. 
‘‘(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 services. 
‘‘(ii) Hospital observation services. 
‘‘(iii) Emergency department services. 
‘‘(iv) Nursing facility services. 
‘‘(v) Domiciliary, rest home, or custodial 
care services. 
‘‘(vi) Home services.
•HRES 904 EH 
‘‘(vii) Online digital evaluation and man-
agement 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 pay-
ment system under subsection (t). 
‘‘(B) The physician fee schedule under section 
1848. 
‘‘(C) The prospective payment system devel-
oped under section 1834(o). 
‘‘(D) Section 1834(g), with respect to an out-
patient critical access hospital service. 
‘‘(E) The payment basis determined in regula-
tions pursuant to section 1833(a)(3) for rural 
health clinic services.’’. 
(b) CLAIMS MODIFIER.—The Secretary of Health and 
Human Services shall provide for an appropriate modifier (or 
other identifier) to include on claims to identify, for purposes 
of subparagraph (DD) of section 1833(a)(1), as added by 
subsection (a), specified COVID–19 testing-related services 
described in paragraph (1) of section 1833(cc) of the Social 
Security Act, as added by subsection (a), for which payment 
may be made under a specified outpatient payment provision 
described in paragraph (2) of such subsection.
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(c) IMPLEMENTATION.—Notwithstanding any other pro-
vision of law, the Secretary of Health and Human Services 
may implement the provisions of, including amendments 
made by, this section through program instruction or other-
wise. 
SEC. 6003. COVERAGE OF TESTING FOR COVID–19 AT NO COST 
SHARING UNDER THE MEDICARE ADVANTAGE 
PROGRAM. 
(a) IN GENERAL.—Section 1852(a)(1)(B) of the Social 
Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is amended— 
(1) in clause (iv)— 
(A) by redesignating subclause (IV) as sub-
clause (VI); and 
(B) by inserting after subclause (III) the fol-
lowing new subclauses: 
‘‘(IV) Clinical diagnostic laboratory 
test administered during any portion of 
the emergency period defined in para-
graph (1)(B) of section 1135(g) beginning 
on or after the date of the enactment of 
the Families First Coronavirus Response 
Act for the detection of SARS–CoV–2 or 
the diagnosis of the virus that causes 
COVID–19 and the administration of 
such test.
•HRES 904 EH 
‘‘(V) Specified COVID–19 testing-re-
lated services (as described in section 
1833(cc)(1)) for which payment would be 
payable under a specified outpatient pay-
ment 
provision 
described 
in 
section 
1833(cc)(2).’’; 
(2) in clause (v), by inserting ‘‘, other than sub-
clauses (IV) and (V) of such clause,’’ after ‘‘clause (iv)’’; 
and 
(3) by adding at the end the following new clause: 
‘‘(vi) PROHIBITION
OF
APPLICATION
OF 
CERTAIN REQUIREMENTS FOR COVID–19 TEST-
ING.—In the case of a product or service de-
scribed in subclause (IV) or (V), respectively, 
of clause (iv) that is administered or furnished 
during any portion of the emergency period de-
scribed in such subclause beginning on or after 
the date of the enactment of this clause, an 
MA plan may not impose any prior authoriza-
tion or other utilization management require-
ments with respect to the coverage of such a 
product or service under such plan.’’. 
(b) IMPLEMENTATION.—Notwithstanding any other pro-
vision of law, the Secretary of Health and Human Services
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may implement the amendments made by this section by pro-
gram instruction or otherwise. 
SEC. 6004. COVERAGE AT NO COST SHARING OF COVID–19 TEST-
ING UNDER MEDICAID AND CHIP. 
(a) MEDICAID.— 
(1) IN GENERAL.—Section 1905(a)(3) of the Social 
Security Act (42 U.S.C. 1396d(a)(3)) is amended— 
(A) by striking ‘‘other laboratory’’ and insert-
ing ‘‘(A) other laboratory’’; 
(B) by inserting ‘‘and’’ after the semicolon; 
and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(B) in vitro diagnostic products (as defined in sec-
tion 809.3(a) of title 21, Code of Federal Regulations) 
administered during any portion of the emergency period 
defined in paragraph (1)(B) of section 1135(g) begin-
ning on or after the date of the enactment of this sub-
paragraph for the detection of SARS–CoV–2 or the di-
agnosis of the virus that causes COVID–19 that are ap-
proved, cleared, or authorized under section 510(k), 513, 
515 or 564 of the Federal Food, Drug, and Cosmetic 
Act, and the administration of such in vitro diagnostic 
products;’’. 
(2) NO COST SHARING.—
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(A) IN
GENERAL.—Subsections (a)(2) and 
(b)(2) of section 1916 of the Social Security Act 
(42 U.S.C. 1396o) are each amended— 
(i) in subparagraph (D), by striking ‘‘or’’ 
at the end; 
(ii) in subparagraph (E), by striking ‘‘; 
and’’ and inserting a comma; and 
(iii) by adding at the end the following 
new subparagraphs: 
‘‘(F) any in vitro diagnostic product described 
in section 1905(a)(3)(B) that is administered dur-
ing any portion of the emergency period described 
in such section beginning on or after the date of the 
enactment of this subparagraph (and the adminis-
tration of such product), or 
‘‘(G) COVID–19 testing-related services for 
which payment may be made under the State plan; 
and’’. 
(B) APPLICATION
TO
ALTERNATIVE
COST 
SHARING.—Section 1916A(b)(3)(B) of the Social 
Security Act (42 U.S.C. 1396o–1(b)(3)(B)) is 
amended by adding at the end the following new 
clause: 
‘‘(xi) Any in vitro diagnostic product de-
scribed in section 1905(a)(3)(B) that is admin-
•HRES 904 EH 
istered during any portion of the emergency 
period described in such section beginning on 
or after the date of the enactment of this 
clause (and the administration of such prod-
uct) and any visit described in section 
1916(a)(2)(G) that is furnished during any 
such portion.’’. 
(C) CLARIFICATION.—The amendments made 
this paragraph shall apply with respect to a State 
plan of a territory in the same manner as a State 
plan of one of the 50 States. 
(3) STATE OPTION TO PROVIDE COVERAGE FOR UN-
INSURED INDIVIDUALS.— 
(A) IN GENERAL.—Section 1902(a)(10) of the 
Social Security Act (42 U.S.C. 1396a(a)(10)) is 
amended— 
(i) in subparagraph (A)(ii)— 
(I) in subclause (XXI), by striking 
‘‘or’’ at the end; 
(II) in subclause (XXII), by adding 
‘‘or’’ at the end; and 
(III) by adding at the end the fol-
lowing new subclause: 
‘‘(XXIII) during any portion of the 
emergency period defined in paragraph
•HRES 904 EH 
(1)(B) of section 1135(g) beginning on or 
after the date of the enactment of this 
subclause, who are uninsured individuals 
(as defined in subsection (ss));’’; and 
(ii) in the matter following subparagraph 
(G)— 
(I) by striking ‘‘and (XVII)’’ and in-
serting ‘‘, (XVII)’’; and 
(II) by inserting after ‘‘instead of 
through subclause (VIII)’’ the following: 
‘‘, and (XVIII) the medical assistance 
made available to an uninsured individual 
(as defined in subsection (ss)) who is eligi-
ble for medical assistance only because of 
subparagraph (A)(ii)(XXIII) shall be lim-
ited to medical assistance for any in vitro 
diagnostic product described in section 
1905(a)(3)(B) that is administered during 
any portion of the emergency period de-
scribed in such section beginning on or 
after the date of the enactment of this 
subclause (and the administration of such 
product) and any visit described in section 
1916(a)(2)(G) that is furnished during 
any such portion’’.
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(B) RECEIPT AND INITIAL PROCESSING OF AP-
PLICATIONS
AT
CERTAIN
LOCATIONS.—Section 
1902(a)(55) of the Social Security Act (42 U.S.C. 
1396a(a)(55)) is amended, in the matter preceding 
subparagraph 
(A), 
by 
striking 
‘‘or 
(a)(10)(A)(ii)(IX)’’ 
and 
inserting 
‘‘(a)(10)(A)(ii)(IX), or (a)(10)(A)(ii)(XXIII)’’. 
(C) UNINSURED INDIVIDUAL DEFINED.—Sec-
tion 1902 of the Social Security Act (42 U.S.C. 
1396a) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(ss) UNINSURED INDIVIDUAL DEFINED.—For purposes 
of this section, the term ‘uninsured individual’ means, not-
withstanding any other provision of this title, any individual 
who is— 
‘‘(1) not described in subsection (a)(10)(A)(i); and 
‘‘(2) not enrolled in a Federal health care program 
(as defined in section 1128B(f)), a group health plan, 
group or individual health insurance coverage offered by 
a health insurance issuer (as such terms are defined in 
section 2791 of the Public Health Service Act), or a 
health plan offered under chapter 89 of title 5, United 
States Code.’’. 
(D) FEDERAL MEDICAL ASSISTANCE PERCENT-
AGE.—Section 1905(b) of the Social Security Act
•HRES 904 EH 
(42 U.S.C. 1396d(b)) is amended by adding at the 
end the following new sentence: ‘‘Notwithstanding 
the first sentence of this subsection, the Federal 
medical assistance percentage shall be 100 per cen-
tum with respect to (and, notwithstanding any 
other provision of this title, available for) medical 
assistance provided to uninsured individuals (as de-
fined in section 1902(ss)) who are eligible for such 
assistance 
only 
on 
the 
basis 
of 
section 
1902(a)(10)(A)(ii)(XXIII) and with respect to ex-
penditures described in section 1903(a)(7) that a 
State demonstrates to the satisfaction of the Sec-
retary are attributable to administrative costs re-
lated to providing for such medical assistance to 
such individuals under the State plan.’’. 
(b) CHIP.— 
(1) IN GENERAL.—Section 2103(c) of the Social Se-
curity Act (42 U.S.C. 1397cc(c)) is amended by adding 
at the end the following paragraph: 
‘‘(10) CERTAIN IN VITRO DIAGNOSTIC PRODUCTS 
FOR
COVID–19
TESTING.—The child health assistance 
provided to a targeted low-income child shall include cov-
erage of any in vitro diagnostic product described in sec-
tion 1905(a)(3)(B) that is administered during any por-
tion of the emergency period described in such section
•HRES 904 EH 
beginning on or after the date of the enactment of this 
subparagraph (and the administration of such prod-
uct).’’. 
(2) COVERAGE FOR TARGETED LOW-INCOME PREG-
NANT WOMEN.—Section 2112(b)(4) of the Social Secu-
rity Act (42 U.S.C. 1397ll(b)(4)) is amended by insert-
ing ‘‘under section 2103(c)’’ after ‘‘same requirements’’. 
(3) PROHIBITION
OF
COST
SHARING.—Section 
2103(e)(2) of the Social Security Act (42 U.S.C. 
1397cc(e)(2)) is amended— 
(A) in the paragraph header, by inserting ‘‘, 
COVID–19
TESTING,’’ before ‘‘OR
PREGNANCY-RE-
LATED ASSISTANCE’’; and 
(B) by striking ‘‘category of services described 
in subsection (c)(1)(D) or’’ and inserting ‘‘cat-
egories of services described in subsection (c)(1)(D), 
in vitro diagnostic products described in subsection 
(c)(10) (and administration of such products), visits 
described in section 1916(a)(2)(G), or’’. 
SEC. 6005. TREATMENT OF PERSONAL RESPIRATORY PROTEC-
TIVE DEVICES AS COVERED COUNTERMEASURES. 
Section 319F–3(i)(1) of the Public Health Service Act 
(42 U.S.C. 247d–6d(i)(1)) is amended— 
(1) in subparagraph (B), by striking ‘‘or’’ at the 
end;
•HRES 904 EH 
(2) in subparagraph (C), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new subpara-
graph: 
‘‘(D) a personal respiratory protective device 
that is— 
‘‘(i) approved by the National Institute for 
Occupational Safety and Health under part 84 
of title 42, Code of Federal Regulations (or 
successor regulations); 
‘‘(ii) subject to the emergency use author-
ization issued by the Secretary on March 2, 
2020, or subsequent emergency use authoriza-
tions, pursuant to section 564 of the Federal 
Food, Drug, and Cosmetic Act (authorizing 
emergency use of personal respiratory protec-
tive devices during the COVID–19 outbreak); 
and 
‘‘(iii) used during the period beginning on 
January 27, 2020, and ending on October 1, 
2024, in response to the public health emer-
gency declared on January 31, 2020, pursuant 
to section 319 as a result of confirmed cases 
of 2019 Novel Coronavirus (2019-nCoV).’’.