Families First Coronavirus Response Act

Bill: 116-hr-6201
Sponsor: full_name: Rep. Lowey, Nita M. [D-NY-17]
Introduced: 2020-03-11
Policy area: Health
Subjects: Administrative law and regulatory procedures

Adult day care

Aging

Appropriations

Assault and harassment offenses

Cardiovascular and respiratory health

Child care and development

Child health

Civil actions and liability

Congressional officers and employees

Department of Agriculture

Department of Health and Human Services

Department of Labor

Disability assistance

Domestic violence and child abuse

Elementary and secondary education

Emergency medical services and trauma care

Employee benefits and pensions

Employee leave

Employment and training programs

Executive agency funding and structure

Food assistance and relief

Government employee pay, benefits, personnel management

Government studies and investigations

Health care costs and insurance

Health care coverage and access

Health facilities and institutions

Health personnel

Health programs administration and funding

Health promotion and preventive care

Health technology, devices, supplies

Income tax exclusion

Indian social and development programs

Infectious and parasitic diseases

Long-term, rehabilitative, and terminal care

Medicaid

Medical tests and diagnostic methods

Medicare

Mental health

Military medicine

Minority health

Nutrition and diet

Sex offenses

Social Security Administration

State and local finance

State and local government operations

U.S. territories and protectorates

Unemployment

Veterans' medical care

Wages and earnings

Women's health

Worker safety and health
Latest action: action_date: 2020-03-19
text: Engrossment Correction

Summaries:
action_date: 2020-03-11
action_desc: Introduced in House
text: <p><b>Families First Coronavirus Response Act </b></p> <p>This bill responds to the coronavirus outbreak by providing paid sick leave and free coronavirus testing, expanding food assistance and unemployment benefits, and requiring employers to provide additional protections for health care workers. </p> <p>Specifically, the bill provides FY2020 supplemental appropriations to the Department of Agriculture (USDA) for nutrition and food assistance programs, including </p> <ul> <li> the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC);</li> <li> the Emergency Food Assistance Program (TEFAP); and </li> <li> nutrition assistance grants for U.S. territories. </li> </ul> <p>The bill also provides FY2020 appropriations to the Department of Health and Human Services for nutrition programs that assist the elderly. </p> <p>The supplemental appropriations provided by the bill are designated as emergency spending, which is exempt from discretionary spending limits. </p> <p>The bill modifies USDA food assistance and nutrition programs to </p> <ul> <li> allow certain waivers to requirements for the school meal programs, </li> <li> suspend the work requirements for the Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program), and </li> <li> allow states to request waivers to provide certain emergency SNAP benefits. </li> </ul> <p>In addition, the bill requires the Occupational Safety and Health Administration to issue an emergency temporary standard that requires certain employers to develop and implement a comprehensive infectious disease exposure control plan to protect health care workers. </p> <p>The bill also includes provisions that </p> <ul> <li>establish a federal emergency paid leave benefits program to provide payments to employees taking unpaid leave due to the coronavirus outbreak, </li> <li> expand unemployment benefits and provide grants to states for processing and paying claims, </li> <li>require employers to provide paid sick leave to employees, </li> <li> establish requirements for providing coronavirus diagnostic testing at no cost to consumers, </li> <li> treat personal respiratory protective devices as covered countermeasures that are eligible for certain liability protections, and </li> <li>temporarily increase the Medicaid federal medical assistance percentage (FMAP).</li> </ul>

action_date: 2020-03-14
action_desc: Passed House
text: <p><b>Families First Coronavirus Response Act</b></p> <p>This bill responds to the COVID-19 (i.e., coronavirus disease 2019) outbreak by providing paid sick leave, tax credits, and free COVID-19 testing; expanding food assistance and unemployment benefits; and increasing Medicaid funding.</p> <p>DIVISION A--SECOND CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020</p> <p><i>Second Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020</i></p> <p>This division provides FY2020 supplemental appropriations for federal agencies to respond to the COVID-19 outbreak.</p> <p>The supplemental appropriations are designated as emergency spending, which is exempt from discretionary spending limits.</p> <p>TITLE I--DEPARTMENT OF AGRICULTURE</p> <p>This title provides appropriations to the Department of Agriculture (USDA) for</p> <ul> <li>the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); and</li> <li>the Emergency Food Assistance Program (TEFAP).</li> </ul> <p>(Sec. 1101) This section allows USDA to approve state plans to provide emergency Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) benefits to households with children who would otherwise receive free or reduced-price school meals if their schools were not closed due to the COVID-19 public health emergency. The child's school must be closed for at least five consecutive days for the household to be eligible for benefits. States may provide the benefits using the Electronic Benefit Transfer system.</p> <p>(Sec. 1102) This section provides appropriations to USDA for grants to the Northern Mariana Islands, Puerto Rico, and American Samoa for nutrition assistance in response to a COVID-19 public health emergency.</p> <p>TITLE II--DEPARTMENT OF DEFENSE</p> <p>This title provides appropriations to the Defense Health Program for COVID-19 diagnostic testing and services.</p> <p>TITLE III--DEPARTMENT OF THE TREASURY</p> <p>This title provides appropriations to the Internal Revenue Service to implement the tax credits included in this bill.</p> <p>TITLE IV--DEPARTMENT OF HEALTH AND HUMAN SERVICES</p> <p>This title provides appropriations to the Indian Health Service for COVID-19 diagnostic testing and services.</p> <p>TITLE V--DEPARTMENT OF HEALTH AND HUMAN SERVICES</p> <p>This title provides appropriations to the Administration for Community Living for nutrition programs that assist the elderly.</p> <p>The title also provides appropriations to the Public Health and Social Services Emergency Fund. The funds are provided for the National Disaster Medical System to reimburse the costs of providing COVID-19 diagnostic testing and services to individuals without health insurance.</p> <p>TITLE VI--DEPARTMENT OF VETERANS AFFAIRS</p> <p>This title provides appropriations to the Veterans Health Administration for COVID-19 diagnostic testing and services.</p> <p>TITLE VII--GENERAL PROVISIONS--THIS ACT</p> <p>(Sec. 1701) This section requires agencies that receive funding in this division to report to Congress regarding the anticipated uses of the funds.</p> <p>(Sec. 1702) This section requires state and local governments that receive funding or assistance in this division to ensure that (1) the respective State Emergency Operations Center receives regular and real-time reporting on aggregated data on testing and results from state and local public health departments, and (2) the data is transmitted to the Centers for Disease Control and Prevention.</p> <p>(Sec. 1703) This section specifies that the funds provided by this division are in addition to funds otherwise appropriated for the fiscal year involved.</p> <p>(Sec. 1704) Funds provided by this division may not remain available beyond the current fiscal year, unless this division provides otherwise.</p> <p>(Sec. 1705) Unless otherwise specified by this division, the funds provided by this division are subject to the authorities and conditions that apply to the applicable appropriations account for FY2020.</p> <p>(Sec. 1706) This section provides that amounts designated by this division as emergency requirements are only available (or rescinded, if applicable) if the President subsequently designates the amounts and transmits the designations to Congress.</p> <p>(Sec. 1707) This section specifies that the emergency funds that are transferred pursuant to this division retain the emergency designation.</p> <p>DIVISION B--NUTRITION WAIVERS</p> <p>This division expands food and nutrition programs of the Department of Agriculture (USDA) due to COVID-19.</p> <p>TITLE I--MAINTAINING ESSENTIAL ACCESS TO LUNCH FOR STUDENTS ACT</p> <p><i>Maintaining Essential Access to Lunch for Students Act or the MEALS Act</i></p> <p>(Sec. 2102) This title modifies USDA food and nutrition programs to allow certain waivers of requirements for the school meal programs, including waivers that increase federal costs during a COVID-19-related school closure. Such waivers must be requested by a state or service provider and be for purposes of providing meals and snacks during such a closure.</p> <p>TITLE II--COVID-19 CHILD NUTRITION RESPONSE ACT</p> <p><i>COVID-19 Child Nutrition Response Act</i></p> <p>(Sec. 2202) This section authorizes USDA to</p> <ul> <li>issue a single waiver of child nutrition program requirements to all states under the National School Lunch Program for purposes of providing meals and snacks with appropriate safety measures with respect to COVID-19,</li> <li>grant waivers of requirements to allow non-congregate feeding in the Child and Adult Care Food Program for purposes of providing meals and snacks with appropriate safety measures with respect to COVID-19, and</li> <li>grant waivers related to the nutritional content of meals served in child nutrition programs if it determines the waiver is necessary to provide meals and snacks and there is a food supply chain disruption due to COVID-19.</li> </ul> <p>(Sec. 2203) USDA may</p> <ul> <li>grant waivers allowing participants under the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to get certified or recertified without being physically present at a WIC clinic, and</li> <li>defer anthropometric and bloodwork requirements necessary to determine nutritional risk.</li> </ul> <p>State agencies must submit waiver requests to USDA.</p> <p>(Sec. 2204) USDA may also grant waivers from administrative requirements for WIC if it determines that (1) the requirement cannot be met by a state due to COVID-19, and (2) the waiver is necessary to provide assistance under WIC.</p> <p>TITLE III--SNAP WAIVERS</p> <p>(Sec. 2301) This section temporarily suspends work requirements under the Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) during a public health emergency declaration due to COVID-19, allowing participants who would have lost eligibility due to such requirements to continue to receive SNAP benefits.</p> <p>(Sec. 2302) This section provides for emergency SNAP benefits during a public health emergency declaration due to COVID-19.</p> <p>States may request waivers from USDA to provide emergency allotments to households participating in SNAP to address temporary food needs not greater than the applicable maximum monthly allotment for the household size. State requests must be supported with sufficient data.</p> <p>USDA may adjust (through guidance or based on states' requests) administrative requirements such as issuance methods and reporting requirements to be consistent with what is practicable under actual conditions in affected areas.</p> <p>DIVISION C--EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT<br> <br> <i>Emergency Family and Medical Leave Expansion Act</i><br> <br> (Sec. 3102) This section permits employees to take public health emergency leave through December 31, 2020, to care for the employee's child during a COVID-19 (i.e., coronavirus disease 2019) public-health emergency. Specifically, employers of fewer than 500 workers must provide up to 12 weeks paid leave for an employee who cannot work because the school or child-care provider of that employee's child is closed as a result of a public-health emergency.<br> <br> Employers are not required to pay employees for the first 10 days of such public health emergency leave. However, an employee may use accrued paid leave during such time. After the first 10 days, employers must pay not less than two-thirds of an employee's regular pay for the number of hours per week the employee normally works. The maximum amount of compensation for such leave is $200 per day and $10,000 in aggregate.<br> <br> Further, employers are generally required to restore an employee's former position following the use of public health emergency leave unless, the employer (1) has fewer than 25 workers and (2) has made reasonable efforts to retain the employee's position but such position no longer exists due to economic conditions caused by such public health emergency.<br> <br> With a finding of good cause, the Department of Labor may (1) exclude certain health care providers and emergency responders from eligibility for public health emergency leave, and (2) exempt employers with fewer than 50 employees if the requirements of this section would place the viability of that business at risk.<br> <br> (Sec. 3103) Employers subject to multiemployer bargaining agreements may make contributions to a multiemployer fund to fulfill the employer's obligations under this division and employees may secure compensation from such fund for leave taken subject to this division.<br> <br> (Sec. 3104) Employers with fewer than 50 employees for each working day during each of at least 20 workweeks during the preceding year are not subject to civil liability for a violation of this division.<br> <br> (Sec. 3105) Employers of health care providers or emergency responders may exclude employees from the requirements of this division.<br> <br> (Sec. 3106) This division takes effect not later than 15 days after enactment.<br> <br> DIVISION D--EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION AND ACCESS ACT OF 2020<br> <br> <i>Emergency Unemployment Insurance Stabilization and Access Act of 2020<br> </i><br> (Sec. 4102) This section funds emergency grants for FY2020 to administer unemployment programs in states meeting certain requirements. The amount of available funds for each state is based on the Department of Labor's determination of the proportion of the total taxable wages attributable to a state during the preceding year. Each state receives 50% of such determined amount if the state</p> <ul type="disc"> <li>requires employers to notify employees about the availability of unemployment compensation at the time the employee separates from an employer;</li> <li>ensures that unemployment applications are available through at least two of three methods: in-person, by phone, or online; and</li> <li>provides assistance with processing unemployment applications.<br> </li> </ul> <p>Additionally, a state receives the remaining 50% of such funds if, among other requirements</p> <ul> <li>the number of unemployment claims in the state has increased by at least 10% compared with the same quarter during the previous year; and</li> <li>the state demonstrates policies to increase access to unemployment compensation such as waiving the requirement to search for work and the one-week waiting period to receive benefits, among others.</li> </ul> <p>(Sec. 4103) This section suspends the accrual of interest through December 31, 2020, on federal payments made to states for assistance with unemployment compensation.<br> <br> (Sec. 4104) Labor must assist states in raising public awareness about available short-time compensation programs and provide technical assistance and guidance for such programs.<br> <br> (Sec. 4105) This section increases to 100% the federal share of payments to states for extended and regular unemployment compensation through December 31, 2020.<br> <br> DIVISION E--EMERGENCY PAID SICK LEAVE ACT<br> <br> <i>Emergency Paid Sick Leave Act<br> </i><br> (Sec. 5102) This section requires employers to provide paid sick time to employees who are unable to work due to the effects of COVID-19 (i.e., coronavirus disease 2019). Specifically, full-time employees are entitled to 80 hours of paid sick time, which is available immediately, for use if the employee</p> <ul> <li>is subject to a governmental quarantine or isolation order,</li> <li>has been advised by a health-care provider to self-quarantine,</li> <li>is caring for an individual who is subject to governmental or self-quarantine,</li> <li>is caring for the employee's child because the child's school or child-care provider is closed, or</li> <li>is experiencing a substantially similar circumstance related to COVID-19 as specified by the Department of Health and Human Services, in consultation with the Department of Labor.</li> </ul> <p>Paid sick time under this section may be used before other paid leave that may be available to an employee. Part-time employees are entitled to such paid sick time for the average number of hours the part-time employee works during an average two-week period. Paid sick time under this section may not carry over from one year to the next.<br> <br> (Sec. 5103) Employers must provide conspicuous notice in the workplace of the emergency paid sick time requirements under this division and Labor must provide publicly-available models of such notice not later than seven days after the enactment of this division.<br> <br> (Sec. 5104) Employers are prohibited from taking adverse actions against employees who take leave under this division or take actions to enforce the requirements of this division.<br> <br> (Sec. 5105) Employers who violate the emergency paid sick time requirements are subject to fines and imprisonment pursuant to the Fair Labor Standards Act of 1938.<br> <br> (Sec. 5106) Employers subject to multiemployer bargaining agreements may make contributions to a multiemployer fund to fulfill the employer's obligations under this division and employees may secure compensation from such fund for emergency paid sick time used subject to this division.<br> <br> (Sec. 5107) This division does not affect employer rights or benefits under any other law, collective bargaining agreement, or existing employer policy. Employers are not required to pay employees for unused emergency paid sick time if an employee resigns, retires, or is terminated.<br> <br> (Sec. 5108) The emergency paid sick time requirements take effect not later than 15 days after the enactment of this division.<br> <br> (Sec. 5109) The emergency paid sick time requirements expire on December 31, 2020.<br> <br> (Sec. 5110) Employers with fewer than 500 employees and federal, state, and local public agencies are subject to the requirements of this division. Employers must pay the regular rate of pay up to</p> <ul> <li>$511 per day, and $5,110 in aggregate, for paid sick time used by an employee who experiences symptoms of COVID-19 or is required or advised to self-quarantine; or</li> <li>$200 per day, and $2,000 in aggregate, for paid sick time used by an employee to care for the employee's child or other impacted person.</li> </ul> <p>(Sec. 5111) With a finding of good cause, Labor may (1) exclude certain health care providers and emergency responders from eligibility for emergency paid sick leave, and (2) exempt employers with fewer than 50 employees if the requirements of this division would place the viability of that business at risk.</p> <p>DIVISION F--HEALTH PROVISIONS</p> <p>(Sec. 6001) This section requires private health insurance to cover testing for COVID-19 without imposing cost-sharing (e.g., deductibles, coinsurance, or copayments) for the duration of the public health emergency declared on January 31, 2020. This coverage includes the cost of administering such approved tests and related visits to health care providers.</p> <p>(Sec. 6002) This section requires Medicare to cover, without cost-sharing, visits to health care providers that relate to COVID-19 testing during the public health emergency.</p> <p>(Sec. 6003) Medicare Advantage (MA) plans must also cover COVID-19 testing and related visits without cost-sharing during the public health emergency. MA plans are also prohibited from instituting prior authorization or other utilization management requirements with respect to coverage of such services.</p> <p>(Sec. 6004) Additionally, COVID-19 testing and related visits must be covered without cost-sharing under the Children's Health Insurance Program (CHIP) and Medicaid during the public health emergency.</p> <p>State Medicaid programs may also cover COVID-19 testing and related visits for uninsured individuals during this period. The section applies a 100% Federal Medical Assistance Percentage (FMAP) to such coverage.</p> <p>(Sec. 6005) This section extends targeted liability protection to certain manufacturers, distributors, prescribers, and users of approved respiratory protective devices that are (1) subject to specified emergency use authorizations; and (2) used during the period beginning on January 27, 2020, and ending on October 1, 2024. (Emergency use authorizations allow for the use of unapproved drugs, biological products, or devices, or for the unapproved use of such products, to respond to a declared emergency.)</p> <p>(Sec. 6006) During the emergency period, the Department of Defense (i.e., TRICARE) and Department of Veterans Affairs are also prohibited from requiring cost-sharing for COVID-19 testing and related visits. Additionally, individuals in civil service (i.e., all appointive positions in the executive, judicial, and legislative branches, excluding the uniformed services) who are enrolled in a health benefits plan shall not be subject to cost-sharing requirements for such services.</p> <p>(Sec. 6007) This section requires the Department of Health and Human Services to cover, during the public health emergency and without cost-sharing, COVID-19 testing and related visits for Native Americans, including Alaska Natives, who receive health services through the Indian Health Service (IHS), regardless of whether the COVID-19 services are covered under IHS.</p> <p>(Sec. 6008) This section increases the Medicaid FMAP for all states and U.S. territories during the public health emergency, in accordance with specified conditions. For example, in order to receive the increased FMAP, a state Medicaid program may not require standards for eligibility that are more restrictive than the standards that were in effect on January 1, 2020.</p> <p>(Sec. 6009) This section increases Medicaid funding for U.S. territories for FY2020-FY2021.</p> <p>DIVISION G--TAX CREDITS FOR PAID SICK AND PAID FAMILY AND MEDICAL LEAVE</p> <p>(Sec. 7001) This section allows a credit against payroll taxes for 100% of the employer-paid qualified sick leave wages paid each calendar quarter, subject to specified limitation. The amount of sick leave wages taken into account for purposes of the credit may not exceed $200 for any employee ($511 per day employees as defined under the Emergency Paid Sick Leave Act) and the aggregate number of days taken into account is limited to 10, over the number of days taken into account for preceding calendar quarters.</p> <p>Transfers from the general fund of the Treasury are authorized to cover reductions in revenue resulting from this credit.</p> <p>(Sec. 7002) This section allows a refundable income tax credit for 100% of sick leave amounts of self-employed individuals under the Emergency Paid Sick Leave Act. For other employees, the credit percentage is 67.</p> <p>Self-employed individuals must maintain documentation prescribed by the Internal Revenue Service to establish eligibility for the credit.</p> <p>(Sec. 7003) This section allows an employer a 100% payroll tax credit for qualified family leave wages paid by such employer for each calendar quarter. The amount of qualified family leave wages that may be taken into account for each employee is limited to $200 per day and $10,000 for all calendar quarters.</p> <p>Transfers from the general fund of the Treasury are authorized to cover reductions in revenue resulting from this credit.</p> <p>(Sec. 7004) This section allows a refundable income tax credit for 100% of the qualified family leave amounts of self-employed individuals, subject to a specified formula for determining the leave amounts.</p> <p>Self-employed individuals must maintain documentation prescribed by the Internal Revenue Service to establish eligibility for the credit.</p> <p>(Sec. 7005) This section provides that wages required to be paid to employees under the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act shall not be considered wages for purposes of the Federal Insurance Contributions Act (FICA). Transfers to specified Social Security trust funds are authorized to cover reductions in revenues.</p> <p>DIVISION H--BUDGETARY EFFECTS</p> <p>(Sec. 8001) This section exempts the budgetary effects of division B and each succeeding division of this bill from (1) the Statutory Pay-As-You-Go (PAYGO) Act of 2010, (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules.</p>

action_date: 2020-03-18
action_desc: Passed Senate
text: <p><b>Families First Coronavirus Response Act</b></p> <p>This bill responds to the COVID-19 (i.e., coronavirus disease 2019) outbreak by providing paid sick leave, tax credits, and free COVID-19 testing; expanding food assistance and unemployment benefits; and increasing Medicaid funding.</p> <p>DIVISION A--SECOND CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020</p> <p><i>Second Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020</i></p> <p>This division provides FY2020 supplemental appropriations for federal agencies to respond to the COVID-19 outbreak.</p> <p>The supplemental appropriations are designated as emergency spending, which is exempt from discretionary spending limits.</p> <p>TITLE I--DEPARTMENT OF AGRICULTURE</p> <p>This title provides appropriations to the Department of Agriculture (USDA) for</p> <ul> <li>the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); and</li> <li>the Emergency Food Assistance Program (TEFAP).</li> </ul> <p>(Sec. 1101) This section allows USDA to approve state plans to provide emergency Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) benefits to households with children who would otherwise receive free or reduced-price school meals if their schools were not closed due to the COVID-19 public health emergency. The child's school must be closed for at least five consecutive days for the household to be eligible for benefits. States may provide the benefits using the Electronic Benefit Transfer system.</p> <p>(Sec. 1102) This section provides appropriations to USDA for grants to the Northern Mariana Islands, Puerto Rico, and American Samoa for nutrition assistance in response to a COVID-19 public health emergency.</p> <p>TITLE II--DEPARTMENT OF DEFENSE</p> <p>This title provides appropriations to the Defense Health Program for COVID-19 diagnostic testing and services.</p> <p>TITLE III--DEPARTMENT OF THE TREASURY</p> <p>This title provides appropriations to the Internal Revenue Service to implement the tax credits included in this bill.</p> <p>TITLE IV--DEPARTMENT OF HEALTH AND HUMAN SERVICES</p> <p>This title provides appropriations to the Indian Health Service for COVID-19 diagnostic testing and services.</p> <p>TITLE V--DEPARTMENT OF HEALTH AND HUMAN SERVICES</p> <p>This title provides appropriations to the Administration for Community Living for nutrition programs that assist the elderly.</p> <p>The title also provides appropriations to the Public Health and Social Services Emergency Fund. The funds are provided for the National Disaster Medical System to reimburse the costs of providing COVID-19 diagnostic testing and services to individuals without health insurance.</p> <p>TITLE VI--DEPARTMENT OF VETERANS AFFAIRS</p> <p>This title provides appropriations to the Veterans Health Administration for COVID-19 diagnostic testing and services.</p> <p>TITLE VII--GENERAL PROVISIONS--THIS ACT</p> <p>(Sec. 1701) This section requires agencies that receive funding in this division to report to Congress regarding the anticipated uses of the funds.</p> <p>(Sec. 1702) This section requires state and local governments that receive funding or assistance in this division to ensure that (1) the respective State Emergency Operations Center receives regular and real-time reporting on aggregated data on testing and results from state and local public health departments, and (2) the data is transmitted to the Centers for Disease Control and Prevention.</p> <p>(Sec. 1703) This section specifies that the funds provided by this division are in addition to funds otherwise appropriated for the fiscal year involved.</p> <p>(Sec. 1704) Funds provided by this division may not remain available beyond the current fiscal year, unless this division provides otherwise.</p> <p>(Sec. 1705) Unless otherwise specified by this division, the funds provided by this division are subject to the authorities and conditions that apply to the applicable appropriations account for FY2020.</p> <p>(Sec. 1706) This section provides that amounts designated by this division as emergency requirements are only available (or rescinded, if applicable) if the President subsequently designates the amounts and transmits the designations to Congress.</p> <p>(Sec. 1707) This section specifies that the emergency funds that are transferred pursuant to this division retain the emergency designation.</p> <p>DIVISION B--NUTRITION WAIVERS</p> <p>This division expands food and nutrition programs of the Department of Agriculture (USDA) due to COVID-19.</p> <p>TITLE I--MAINTAINING ESSENTIAL ACCESS TO LUNCH FOR STUDENTS ACT</p> <p><i>Maintaining Essential Access to Lunch for Students Act or the MEALS Act</i></p> <p>(Sec. 2102) This title modifies USDA food and nutrition programs to allow certain waivers of requirements for the school meal programs, including waivers that increase federal costs during a COVID-19-related school closure. Such waivers must be requested by a state or service provider and be for purposes of providing meals and snacks during such a closure.</p> <p>TITLE II--COVID-19 CHILD NUTRITION RESPONSE ACT</p> <p><i>COVID-19 Child Nutrition Response Act</i></p> <p>(Sec. 2202) This section authorizes USDA to</p> <ul> <li>issue a single waiver of child nutrition program requirements to all states under the National School Lunch Program for purposes of providing meals and snacks with appropriate safety measures with respect to COVID-19,</li> <li>grant waivers of requirements to allow non-congregate feeding in the Child and Adult Care Food Program for purposes of providing meals and snacks with appropriate safety measures with respect to COVID-19, and</li> <li>grant waivers related to the nutritional content of meals served in child nutrition programs if it determines the waiver is necessary to provide meals and snacks and there is a food supply chain disruption due to COVID-19.</li> </ul> <p>(Sec. 2203) USDA may</p> <ul> <li>grant waivers allowing participants under the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to get certified or recertified without being physically present at a WIC clinic, and</li> <li>defer anthropometric and bloodwork requirements necessary to determine nutritional risk.</li> </ul> <p>State agencies must submit waiver requests to USDA.</p> <p>(Sec. 2204) USDA may also grant waivers from administrative requirements for WIC if it determines that (1) the requirement cannot be met by a state due to COVID-19, and (2) the waiver is necessary to provide assistance under WIC.</p> <p>TITLE III--SNAP WAIVERS</p> <p>(Sec. 2301) This section temporarily suspends work requirements under the Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) during a public health emergency declaration due to COVID-19, allowing participants who would have lost eligibility due to such requirements to continue to receive SNAP benefits.</p> <p>(Sec. 2302) This section provides for emergency SNAP benefits during a public health emergency declaration due to COVID-19.</p> <p>States may request waivers from USDA to provide emergency allotments to households participating in SNAP to address temporary food needs not greater than the applicable maximum monthly allotment for the household size. State requests must be supported with sufficient data.</p> <p>USDA may adjust (through guidance or based on states' requests) administrative requirements such as issuance methods and reporting requirements to be consistent with what is practicable under actual conditions in affected areas.</p> <p>DIVISION C--EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT<br> <br> <i>Emergency Family and Medical Leave Expansion Act</i><br> <br> (Sec. 3102) This section permits employees to take public health emergency leave through December 31, 2020, to care for the employee's child during a COVID-19 (i.e., coronavirus disease 2019) public-health emergency. Specifically, employers of fewer than 500 workers must provide up to 12 weeks paid leave for an employee who cannot work because the school or child-care provider of that employee's child is closed as a result of a public-health emergency.<br> <br> Employers are not required to pay employees for the first 10 days of such public health emergency leave. However, an employee may use accrued paid leave during such time. After the first 10 days, employers must pay not less than two-thirds of an employee's regular pay for the number of hours per week the employee normally works. The maximum amount of compensation for such leave is $200 per day and $10,000 in aggregate.<br> <br> Further, employers are generally required to restore an employee's former position following the use of public health emergency leave unless, the employer (1) has fewer than 25 workers and (2) has made reasonable efforts to retain the employee's position but such position no longer exists due to economic conditions caused by such public health emergency.<br> <br> With a finding of good cause, the Department of Labor may (1) exclude certain health care providers and emergency responders from eligibility for public health emergency leave, and (2) exempt employers with fewer than 50 employees if the requirements of this section would place the viability of that business at risk.<br> <br> (Sec. 3103) Employers subject to multiemployer bargaining agreements may make contributions to a multiemployer fund to fulfill the employer's obligations under this division and employees may secure compensation from such fund for leave taken subject to this division.<br> <br> (Sec. 3104) Employers with fewer than 50 employees for each working day during each of at least 20 workweeks during the preceding year are not subject to civil liability for a violation of this division.<br> <br> (Sec. 3105) Employers of health care providers or emergency responders may exclude employees from the requirements of this division.<br> <br> (Sec. 3106) This division takes effect not later than 15 days after enactment.<br> <br> DIVISION D--EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION AND ACCESS ACT OF 2020<br> <br> <i>Emergency Unemployment Insurance Stabilization and Access Act of 2020<br> </i><br> (Sec. 4102) This section funds emergency grants for FY2020 to administer unemployment programs in states meeting certain requirements. The amount of available funds for each state is based on the Department of Labor's determination of the proportion of the total taxable wages attributable to a state during the preceding year. Each state receives 50% of such determined amount if the state</p> <ul type="disc"> <li>requires employers to notify employees about the availability of unemployment compensation at the time the employee separates from an employer;</li> <li>ensures that unemployment applications are available through at least two of three methods: in-person, by phone, or online; and</li> <li>provides assistance with processing unemployment applications.<br> </li> </ul> <p>Additionally, a state receives the remaining 50% of such funds if, among other requirements</p> <ul> <li>the number of unemployment claims in the state has increased by at least 10% compared with the same quarter during the previous year; and</li> <li>the state demonstrates policies to increase access to unemployment compensation such as waiving the requirement to search for work and the one-week waiting period to receive benefits, among others.</li> </ul> <p>(Sec. 4103) This section suspends the accrual of interest through December 31, 2020, on federal payments made to states for assistance with unemployment compensation.<br> <br> (Sec. 4104) Labor must assist states in raising public awareness about available short-time compensation programs and provide technical assistance and guidance for such programs.<br> <br> (Sec. 4105) This section increases to 100% the federal share of payments to states for extended and regular unemployment compensation through December 31, 2020.<br> <br> DIVISION E--EMERGENCY PAID SICK LEAVE ACT<br> <br> <i>Emergency Paid Sick Leave Act<br> </i><br> (Sec. 5102) This section requires employers to provide paid sick time to employees who are unable to work due to the effects of COVID-19 (i.e., coronavirus disease 2019). Specifically, full-time employees are entitled to 80 hours of paid sick time, which is available immediately, for use if the employee</p> <ul> <li>is subject to a governmental quarantine or isolation order,</li> <li>has been advised by a health-care provider to self-quarantine,</li> <li>is caring for an individual who is subject to governmental or self-quarantine,</li> <li>is caring for the employee's child because the child's school or child-care provider is closed, or</li> <li>is experiencing a substantially similar circumstance related to COVID-19 as specified by the Department of Health and Human Services, in consultation with the Department of Labor.</li> </ul> <p>Paid sick time under this section may be used before other paid leave that may be available to an employee. Part-time employees are entitled to such paid sick time for the average number of hours the part-time employee works during an average two-week period. Paid sick time under this section may not carry over from one year to the next.<br> <br> (Sec. 5103) Employers must provide conspicuous notice in the workplace of the emergency paid sick time requirements under this division and Labor must provide publicly-available models of such notice not later than seven days after the enactment of this division.<br> <br> (Sec. 5104) Employers are prohibited from taking adverse actions against employees who take leave under this division or take actions to enforce the requirements of this division.<br> <br> (Sec. 5105) Employers who violate the emergency paid sick time requirements are subject to fines and imprisonment pursuant to the Fair Labor Standards Act of 1938.<br> <br> (Sec. 5106) Employers subject to multiemployer bargaining agreements may make contributions to a multiemployer fund to fulfill the employer's obligations under this division and employees may secure compensation from such fund for emergency paid sick time used subject to this division.<br> <br> (Sec. 5107) This division does not affect employer rights or benefits under any other law, collective bargaining agreement, or existing employer policy. Employers are not required to pay employees for unused emergency paid sick time if an employee resigns, retires, or is terminated.<br> <br> (Sec. 5108) The emergency paid sick time requirements take effect not later than 15 days after the enactment of this division.<br> <br> (Sec. 5109) The emergency paid sick time requirements expire on December 31, 2020.<br> <br> (Sec. 5110) Employers with fewer than 500 employees and federal, state, and local public agencies are subject to the requirements of this division. Employers must pay the regular rate of pay up to</p> <ul> <li>$511 per day, and $5,110 in aggregate, for paid sick time used by an employee who experiences symptoms of COVID-19 or is required or advised to self-quarantine; or</li> <li>$200 per day, and $2,000 in aggregate, for paid sick time used by an employee to care for the employee's child or other impacted person.</li> </ul> <p>(Sec. 5111) With a finding of good cause, Labor may (1) exclude certain health care providers and emergency responders from eligibility for emergency paid sick leave, and (2) exempt employers with fewer than 50 employees if the requirements of this division would place the viability of that business at risk.</p> <p>DIVISION F--HEALTH PROVISIONS</p> <p>(Sec. 6001) This section requires private health insurance to cover testing for COVID-19 without imposing cost-sharing (e.g., deductibles, coinsurance, or copayments) for the duration of the public health emergency declared on January 31, 2020. This coverage includes the cost of administering such approved tests and related visits to health care providers.</p> <p>(Sec. 6002) This section requires Medicare to cover, without cost-sharing, visits to health care providers that relate to COVID-19 testing during the public health emergency.</p> <p>(Sec. 6003) Medicare Advantage (MA) plans must also cover COVID-19 testing and related visits without cost-sharing during the public health emergency. MA plans are also prohibited from instituting prior authorization or other utilization management requirements with respect to coverage of such services.</p> <p>(Sec. 6004) Additionally, COVID-19 testing and related visits must be covered without cost-sharing under the Children's Health Insurance Program (CHIP) and Medicaid during the public health emergency.</p> <p>State Medicaid programs may also cover COVID-19 testing and related visits for uninsured individuals during this period. The section applies a 100% Federal Medical Assistance Percentage (FMAP) to such coverage.</p> <p>(Sec. 6005) This section extends targeted liability protection to certain manufacturers, distributors, prescribers, and users of approved respiratory protective devices that are (1) subject to specified emergency use authorizations; and (2) used during the period beginning on January 27, 2020, and ending on October 1, 2024. (Emergency use authorizations allow for the use of unapproved drugs, biological products, or devices, or for the unapproved use of such products, to respond to a declared emergency.)</p> <p>(Sec. 6006) During the emergency period, the Department of Defense (i.e., TRICARE) and Department of Veterans Affairs are also prohibited from requiring cost-sharing for COVID-19 testing and related visits. Additionally, individuals in civil service (i.e., all appointive positions in the executive, judicial, and legislative branches, excluding the uniformed services) who are enrolled in a health benefits plan shall not be subject to cost-sharing requirements for such services.</p> <p>(Sec. 6007) This section requires the Department of Health and Human Services to cover, during the public health emergency and without cost-sharing, COVID-19 testing and related visits for Native Americans, including Alaska Natives, who receive health services through the Indian Health Service (IHS), regardless of whether the COVID-19 services are covered under IHS.</p> <p>(Sec. 6008) This section increases the Medicaid FMAP for all states and U.S. territories during the public health emergency, in accordance with specified conditions. For example, in order to receive the increased FMAP, a state Medicaid program may not require standards for eligibility that are more restrictive than the standards that were in effect on January 1, 2020.</p> <p>(Sec. 6009) This section increases Medicaid funding for U.S. territories for FY2020-FY2021.</p> <p>DIVISION G--TAX CREDITS FOR PAID SICK AND PAID FAMILY AND MEDICAL LEAVE</p> <p>(Sec. 7001) This section allows a credit against payroll taxes for 100% of the employer-paid qualified sick leave wages paid each calendar quarter, subject to specified limitation. The amount of sick leave wages taken into account for purposes of the credit may not exceed $200 for any employee ($511 per day employees as defined under the Emergency Paid Sick Leave Act) and the aggregate number of days taken into account is limited to 10, over the number of days taken into account for preceding calendar quarters.</p> <p>Transfers from the general fund of the Treasury are authorized to cover reductions in revenue resulting from this credit.</p> <p>(Sec. 7002) This section allows a refundable income tax credit for 100% of sick leave amounts of self-employed individuals under the Emergency Paid Sick Leave Act. For other employees, the credit percentage is 67.</p> <p>Self-employed individuals must maintain documentation prescribed by the Internal Revenue Service to establish eligibility for the credit.</p> <p>(Sec. 7003) This section allows an employer a 100% payroll tax credit for qualified family leave wages paid by such employer for each calendar quarter. The amount of qualified family leave wages that may be taken into account for each employee is limited to $200 per day and $10,000 for all calendar quarters.</p> <p>Transfers from the general fund of the Treasury are authorized to cover reductions in revenue resulting from this credit.</p> <p>(Sec. 7004) This section allows a refundable income tax credit for 100% of the qualified family leave amounts of self-employed individuals, subject to a specified formula for determining the leave amounts.</p> <p>Self-employed individuals must maintain documentation prescribed by the Internal Revenue Service to establish eligibility for the credit.</p> <p>(Sec. 7005) This section provides that wages required to be paid to employees under the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act shall not be considered wages for purposes of the Federal Insurance Contributions Act (FICA). Transfers to specified Social Security trust funds are authorized to cover reductions in revenues.</p> <p>DIVISION H--BUDGETARY EFFECTS</p> <p>(Sec. 8001) This section exempts the budgetary effects of division B and each succeeding division of this bill from (1) the Statutory Pay-As-You-Go (PAYGO) Act of 2010, (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules.</p>

action_date: 2020-03-18
action_desc: Public Law
text: <p><b>Families First Coronavirus Response Act</b></p> <p>This bill responds to the COVID-19 (i.e., coronavirus disease 2019) outbreak by providing paid sick leave, tax credits, and free COVID-19 testing; expanding food assistance and unemployment benefits; and increasing Medicaid funding.</p> <p>DIVISION A--SECOND CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020</p> <p><i>Second Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020</i></p> <p>This division provides FY2020 supplemental appropriations for federal agencies to respond to the COVID-19 outbreak.</p> <p>The supplemental appropriations are designated as emergency spending, which is exempt from discretionary spending limits.</p> <p>TITLE I--DEPARTMENT OF AGRICULTURE</p> <p>This title provides appropriations to the Department of Agriculture (USDA) for</p> <ul> <li>the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); and</li> <li>the Emergency Food Assistance Program (TEFAP).</li> </ul> <p>(Sec. 1101) This section allows USDA to approve state plans to provide emergency Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) benefits to households with children who would otherwise receive free or reduced-price school meals if their schools were not closed due to the COVID-19 public health emergency. The child's school must be closed for at least five consecutive days for the household to be eligible for benefits. States may provide the benefits using the Electronic Benefit Transfer system.</p> <p>(Sec. 1102) This section provides appropriations to USDA for grants to the Northern Mariana Islands, Puerto Rico, and American Samoa for nutrition assistance in response to a COVID-19 public health emergency.</p> <p>TITLE II--DEPARTMENT OF DEFENSE</p> <p>This title provides appropriations to the Defense Health Program for COVID-19 diagnostic testing and services.</p> <p>TITLE III--DEPARTMENT OF THE TREASURY</p> <p>This title provides appropriations to the Internal Revenue Service to implement the tax credits included in this bill.</p> <p>TITLE IV--DEPARTMENT OF HEALTH AND HUMAN SERVICES</p> <p>This title provides appropriations to the Indian Health Service for COVID-19 diagnostic testing and services.</p> <p>TITLE V--DEPARTMENT OF HEALTH AND HUMAN SERVICES</p> <p>This title provides appropriations to the Administration for Community Living for nutrition programs that assist the elderly.</p> <p>The title also provides appropriations to the Public Health and Social Services Emergency Fund. The funds are provided for the National Disaster Medical System to reimburse the costs of providing COVID-19 diagnostic testing and services to individuals without health insurance.</p> <p>TITLE VI--DEPARTMENT OF VETERANS AFFAIRS</p> <p>This title provides appropriations to the Veterans Health Administration for COVID-19 diagnostic testing and services.</p> <p>TITLE VII--GENERAL PROVISIONS--THIS ACT</p> <p>(Sec. 1701) This section requires agencies that receive funding in this division to report to Congress regarding the anticipated uses of the funds.</p> <p>(Sec. 1702) This section requires state and local governments that receive funding or assistance in this division to ensure that (1) the respective State Emergency Operations Center receives regular and real-time reporting on aggregated data on testing and results from state and local public health departments, and (2) the data is transmitted to the Centers for Disease Control and Prevention.</p> <p>(Sec. 1703) This section specifies that the funds provided by this division are in addition to funds otherwise appropriated for the fiscal year involved.</p> <p>(Sec. 1704) Funds provided by this division may not remain available beyond the current fiscal year, unless this division provides otherwise.</p> <p>(Sec. 1705) Unless otherwise specified by this division, the funds provided by this division are subject to the authorities and conditions that apply to the applicable appropriations account for FY2020.</p> <p>(Sec. 1706) This section provides that amounts designated by this division as emergency requirements are only available (or rescinded, if applicable) if the President subsequently designates the amounts and transmits the designations to Congress.</p> <p>(Sec. 1707) This section specifies that the emergency funds that are transferred pursuant to this division retain the emergency designation.</p> <p>DIVISION B--NUTRITION WAIVERS</p> <p>This division expands food and nutrition programs of the Department of Agriculture (USDA) due to COVID-19.</p> <p>TITLE I--MAINTAINING ESSENTIAL ACCESS TO LUNCH FOR STUDENTS ACT</p> <p><i>Maintaining Essential Access to Lunch for Students Act or the MEALS Act</i></p> <p>(Sec. 2102) This title modifies USDA food and nutrition programs to allow certain waivers of requirements for the school meal programs, including waivers that increase federal costs during a COVID-19-related school closure. Such waivers must be requested by a state or service provider and be for purposes of providing meals and snacks during such a closure.</p> <p>TITLE II--COVID-19 CHILD NUTRITION RESPONSE ACT</p> <p><i>COVID-19 Child Nutrition Response Act</i></p> <p>(Sec. 2202) This section authorizes USDA to</p> <ul> <li>issue a single waiver of child nutrition program requirements to all states under the National School Lunch Program for purposes of providing meals and snacks with appropriate safety measures with respect to COVID-19,</li> <li>grant waivers of requirements to allow non-congregate feeding in the Child and Adult Care Food Program for purposes of providing meals and snacks with appropriate safety measures with respect to COVID-19, and</li> <li>grant waivers related to the nutritional content of meals served in child nutrition programs if it determines the waiver is necessary to provide meals and snacks and there is a food supply chain disruption due to COVID-19.</li> </ul> <p>(Sec. 2203) USDA may</p> <ul> <li>grant waivers allowing participants under the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to get certified or recertified without being physically present at a WIC clinic, and</li> <li>defer anthropometric and bloodwork requirements necessary to determine nutritional risk.</li> </ul> <p>State agencies must submit waiver requests to USDA.</p> <p>(Sec. 2204) USDA may also grant waivers from administrative requirements for WIC if it determines that (1) the requirement cannot be met by a state due to COVID-19, and (2) the waiver is necessary to provide assistance under WIC.</p> <p>TITLE III--SNAP WAIVERS</p> <p>(Sec. 2301) This section temporarily suspends work requirements under the Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) during a public health emergency declaration due to COVID-19, allowing participants who would have lost eligibility due to such requirements to continue to receive SNAP benefits.</p> <p>(Sec. 2302) This section provides for emergency SNAP benefits during a public health emergency declaration due to COVID-19.</p> <p>States may request waivers from USDA to provide emergency allotments to households participating in SNAP to address temporary food needs not greater than the applicable maximum monthly allotment for the household size. State requests must be supported with sufficient data.</p> <p>USDA may adjust (through guidance or based on states' requests) administrative requirements such as issuance methods and reporting requirements to be consistent with what is practicable under actual conditions in affected areas.</p> <p>DIVISION C--EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT<br> <br> <i>Emergency Family and Medical Leave Expansion Act</i><br> <br> (Sec. 3102) This section permits employees to take public health emergency leave through December 31, 2020, to care for the employee's child during a COVID-19 (i.e., coronavirus disease 2019) public-health emergency. Specifically, employers of fewer than 500 workers must provide up to 12 weeks paid leave for an employee who cannot work because the school or child-care provider of that employee's child is closed as a result of a public-health emergency.<br> <br> Employers are not required to pay employees for the first 10 days of such public health emergency leave. However, an employee may use accrued paid leave during such time. After the first 10 days, employers must pay not less than two-thirds of an employee's regular pay for the number of hours per week the employee normally works. The maximum amount of compensation for such leave is $200 per day and $10,000 in aggregate.<br> <br> Further, employers are generally required to restore an employee's former position following the use of public health emergency leave unless, the employer (1) has fewer than 25 workers and (2) has made reasonable efforts to retain the employee's position but such position no longer exists due to economic conditions caused by such public health emergency.<br> <br> With a finding of good cause, the Department of Labor may (1) exclude certain health care providers and emergency responders from eligibility for public health emergency leave, and (2) exempt employers with fewer than 50 employees if the requirements of this section would place the viability of that business at risk.<br> <br> (Sec. 3103) Employers subject to multiemployer bargaining agreements may make contributions to a multiemployer fund to fulfill the employer's obligations under this division and employees may secure compensation from such fund for leave taken subject to this division.<br> <br> (Sec. 3104) Employers with fewer than 50 employees for each working day during each of at least 20 workweeks during the preceding year are not subject to civil liability for a violation of this division.<br> <br> (Sec. 3105) Employers of health care providers or emergency responders may exclude employees from the requirements of this division.<br> <br> (Sec. 3106) This division takes effect not later than 15 days after enactment.<br> <br> DIVISION D--EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION AND ACCESS ACT OF 2020<br> <br> <i>Emergency Unemployment Insurance Stabilization and Access Act of 2020<br> </i><br> (Sec. 4102) This section funds emergency grants for FY2020 to administer unemployment programs in states meeting certain requirements. The amount of available funds for each state is based on the Department of Labor's determination of the proportion of the total taxable wages attributable to a state during the preceding year. Each state receives 50% of such determined amount if the state</p> <ul type="disc"> <li>requires employers to notify employees about the availability of unemployment compensation at the time the employee separates from an employer;</li> <li>ensures that unemployment applications are available through at least two of three methods: in-person, by phone, or online; and</li> <li>provides assistance with processing unemployment applications.<br> </li> </ul> <p>Additionally, a state receives the remaining 50% of such funds if, among other requirements</p> <ul> <li>the number of unemployment claims in the state has increased by at least 10% compared with the same quarter during the previous year; and</li> <li>the state demonstrates policies to increase access to unemployment compensation such as waiving the requirement to search for work and the one-week waiting period to receive benefits, among others.</li> </ul> <p>(Sec. 4103) This section suspends the accrual of interest through December 31, 2020, on federal payments made to states for assistance with unemployment compensation.<br> <br> (Sec. 4104) Labor must assist states in raising public awareness about available short-time compensation programs and provide technical assistance and guidance for such programs.<br> <br> (Sec. 4105) This section increases to 100% the federal share of payments to states for extended and regular unemployment compensation through December 31, 2020.<br> <br> DIVISION E--EMERGENCY PAID SICK LEAVE ACT<br> <br> <i>Emergency Paid Sick Leave Act<br> </i><br> (Sec. 5102) This section requires employers to provide paid sick time to employees who are unable to work due to the effects of COVID-19 (i.e., coronavirus disease 2019). Specifically, full-time employees are entitled to 80 hours of paid sick time, which is available immediately, for use if the employee</p> <ul> <li>is subject to a governmental quarantine or isolation order,</li> <li>has been advised by a health-care provider to self-quarantine,</li> <li>is caring for an individual who is subject to governmental or self-quarantine,</li> <li>is caring for the employee's child because the child's school or child-care provider is closed, or</li> <li>is experiencing a substantially similar circumstance related to COVID-19 as specified by the Department of Health and Human Services, in consultation with the Department of Labor.</li> </ul> <p>Paid sick time under this section may be used before other paid leave that may be available to an employee. Part-time employees are entitled to such paid sick time for the average number of hours the part-time employee works during an average two-week period. Paid sick time under this section may not carry over from one year to the next.<br> <br> (Sec. 5103) Employers must provide conspicuous notice in the workplace of the emergency paid sick time requirements under this division and Labor must provide publicly-available models of such notice not later than seven days after the enactment of this division.<br> <br> (Sec. 5104) Employers are prohibited from taking adverse actions against employees who take leave under this division or take actions to enforce the requirements of this division.<br> <br> (Sec. 5105) Employers who violate the emergency paid sick time requirements are subject to fines and imprisonment pursuant to the Fair Labor Standards Act of 1938.<br> <br> (Sec. 5106) Employers subject to multiemployer bargaining agreements may make contributions to a multiemployer fund to fulfill the employer's obligations under this division and employees may secure compensation from such fund for emergency paid sick time used subject to this division.<br> <br> (Sec. 5107) This division does not affect employer rights or benefits under any other law, collective bargaining agreement, or existing employer policy. Employers are not required to pay employees for unused emergency paid sick time if an employee resigns, retires, or is terminated.<br> <br> (Sec. 5108) The emergency paid sick time requirements take effect not later than 15 days after the enactment of this division.<br> <br> (Sec. 5109) The emergency paid sick time requirements expire on December 31, 2020.<br> <br> (Sec. 5110) Employers with fewer than 500 employees and federal, state, and local public agencies are subject to the requirements of this division. Employers must pay the regular rate of pay up to</p> <ul> <li>$511 per day, and $5,110 in aggregate, for paid sick time used by an employee who experiences symptoms of COVID-19 or is required or advised to self-quarantine; or</li> <li>$200 per day, and $2,000 in aggregate, for paid sick time used by an employee to care for the employee's child or other impacted person.</li> </ul> <p>(Sec. 5111) With a finding of good cause, Labor may (1) exclude certain health care providers and emergency responders from eligibility for emergency paid sick leave, and (2) exempt employers with fewer than 50 employees if the requirements of this division would place the viability of that business at risk.</p> <p>DIVISION F--HEALTH PROVISIONS</p> <p>(Sec. 6001) This section requires private health insurance to cover testing for COVID-19 without imposing cost-sharing (e.g., deductibles, coinsurance, or copayments) for the duration of the public health emergency declared on January 31, 2020. This coverage includes the cost of administering such approved tests and related visits to health care providers.</p> <p>(Sec. 6002) This section requires Medicare to cover, without cost-sharing, visits to health care providers that relate to COVID-19 testing during the public health emergency.</p> <p>(Sec. 6003) Medicare Advantage (MA) plans must also cover COVID-19 testing and related visits without cost-sharing during the public health emergency. MA plans are also prohibited from instituting prior authorization or other utilization management requirements with respect to coverage of such services.</p> <p>(Sec. 6004) Additionally, COVID-19 testing and related visits must be covered without cost-sharing under the Children's Health Insurance Program (CHIP) and Medicaid during the public health emergency.</p> <p>State Medicaid programs may also cover COVID-19 testing and related visits for uninsured individuals during this period. The section applies a 100% Federal Medical Assistance Percentage (FMAP) to such coverage.</p> <p>(Sec. 6005) This section extends targeted liability protection to certain manufacturers, distributors, prescribers, and users of approved respiratory protective devices that are (1) subject to specified emergency use authorizations; and (2) used during the period beginning on January 27, 2020, and ending on October 1, 2024. (Emergency use authorizations allow for the use of unapproved drugs, biological products, or devices, or for the unapproved use of such products, to respond to a declared emergency.)</p> <p>(Sec. 6006) During the emergency period, the Department of Defense (i.e., TRICARE) and Department of Veterans Affairs are also prohibited from requiring cost-sharing for COVID-19 testing and related visits. Additionally, individuals in civil service (i.e., all appointive positions in the executive, judicial, and legislative branches, excluding the uniformed services) who are enrolled in a health benefits plan shall not be subject to cost-sharing requirements for such services.</p> <p>(Sec. 6007) This section requires the Department of Health and Human Services to cover, during the public health emergency and without cost-sharing, COVID-19 testing and related visits for Native Americans, including Alaska Natives, who receive health services through the Indian Health Service (IHS), regardless of whether the COVID-19 services are covered under IHS.</p> <p>(Sec. 6008) This section increases the Medicaid FMAP for all states and U.S. territories during the public health emergency, in accordance with specified conditions. For example, in order to receive the increased FMAP, a state Medicaid program may not require standards for eligibility that are more restrictive than the standards that were in effect on January 1, 2020.</p> <p>(Sec. 6009) This section increases Medicaid funding for U.S. territories for FY2020-FY2021.</p> <p>DIVISION G--TAX CREDITS FOR PAID SICK AND PAID FAMILY AND MEDICAL LEAVE</p> <p>(Sec. 7001) This section allows a credit against payroll taxes for 100% of the employer-paid qualified sick leave wages paid each calendar quarter, subject to specified limitation. The amount of sick leave wages taken into account for purposes of the credit may not exceed $200 for any employee ($511 per day employees as defined under the Emergency Paid Sick Leave Act) and the aggregate number of days taken into account is limited to 10, over the number of days taken into account for preceding calendar quarters.</p> <p>Transfers from the general fund of the Treasury are authorized to cover reductions in revenue resulting from this credit.</p> <p>(Sec. 7002) This section allows a refundable income tax credit for 100% of sick leave amounts of self-employed individuals under the Emergency Paid Sick Leave Act. For other employees, the credit percentage is 67.</p> <p>Self-employed individuals must maintain documentation prescribed by the Internal Revenue Service to establish eligibility for the credit.</p> <p>(Sec. 7003) This section allows an employer a 100% payroll tax credit for qualified family leave wages paid by such employer for each calendar quarter. The amount of qualified family leave wages that may be taken into account for each employee is limited to $200 per day and $10,000 for all calendar quarters.</p> <p>Transfers from the general fund of the Treasury are authorized to cover reductions in revenue resulting from this credit.</p> <p>(Sec. 7004) This section allows a refundable income tax credit for 100% of the qualified family leave amounts of self-employed individuals, subject to a specified formula for determining the leave amounts.</p> <p>Self-employed individuals must maintain documentation prescribed by the Internal Revenue Service to establish eligibility for the credit.</p> <p>(Sec. 7005) This section provides that wages required to be paid to employees under the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act shall not be considered wages for purposes of the Federal Insurance Contributions Act (FICA). Transfers to specified Social Security trust funds are authorized to cover reductions in revenues.</p> <p>DIVISION H--BUDGETARY EFFECTS</p> <p>(Sec. 8001) This section exempts the budgetary effects of division B and each succeeding division of this bill from (1) the Statutory Pay-As-You-Go (PAYGO) Act of 2010, (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules.</p>

tv_txt: I 116th CONGRESS 2d Session H. R. 6201 IN THE HOUSE OF REPRESENTATIVES AN ACT Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes.

1. Short title This Act may be cited as the Families First Coronavirus Response Act . 2. Table of Contents The table of contents is as follows: Division A—Second Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 Division B—Nutrition Waivers Division C—Emergency Family and Medical Leave Expansion Act Division D—Emergency Unemployment Insurance Stabilization and Access Act of 2020 Division E—Emergency Paid Sick Leave Act Division F—Health Provisions Division G—Tax Credits for Paid Sick and Paid Family and Medical Leave Division H—Budgetary Effects 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 division. A Second Coronavirus Preparedness and Response Supplemental 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: 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 , $500,000,000, to remain available through September 30, 2021: 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. Commodity Assistance Program For an additional amount for the Commodity Assistance 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 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 to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. General Provisions—This Title 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 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 Secretary 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 supplemental allotments 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 consecutive 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 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 administering 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 applicable under section 6(c) of such Act ( 7 U.S.C. 2015(c) ), and other administrative requirements otherwise applicable to State agencies 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 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 designation means the declaration 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 ). (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 requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 1102. In addition to amounts otherwise made available, $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 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. II Department of Defense Defense Health Program For an additional amount for Defense Health Program , $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 Response Act (or the administration of such products): 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. 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 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. 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 division F of the Families First Coronavirus Response Act (or the administration of such products): Provided , That such amounts shall be allocated at the discretion of the Director of the Indian Health Service: 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. 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 Americans: Provided , That State matching requirements under sections 304(d)(1)(D) and 309(b)(2) of the OAA shall not apply to funds made available under this heading in this Act: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Office of the Secretary public health and social services emergency fund For an additional amount for Public Health and Social Services Emergency Fund , $1,000,000,000, to remain available until expended, for activities authorized under section 2812 of the Public Health Service Act ( 42 U.S.C. 300hh–11 ), in coordination with the Assistant Secretary for Preparedness and Response and the Administrator of the Centers for Medicare & 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 Families 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 eligible for medical assistance only because of subsection (a)(10)(A)(ii)(XXIII) of Section 1902 of the Social Security Act; or (2) a group health plan or health insurance coverage offered by a health insurance issuer in the group or individual market (as such terms are defined in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg-91 )), or a health plan offered under chapter 89 of title 5, United States Code: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 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 emergency 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 Response Act (or the administration of such products): 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. VII General Provisions—This Act 1701. Not later than 30 days after the date of enactment of this Act, the head of each executive agency that receives funding in this Act shall provide a report detailing the anticipated uses of all such funding to the Committees on Appropriations of the House of Representatives 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. 1702. States and local governments receiving funds or assistance pursuant to this division shall ensure the respective State Emergency Operations Center receives regular and real-time reporting on aggregated data on testing and results from State and local public health departments, as determined by the Director of the Centers for Disease Control and Prevention, and that such data is transmitted to the Centers for Disease Control and Prevention. 1703. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 1704. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 1705. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2020. 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 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. 1707. Any amount appropriated by this Act, designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced 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. This division may be cited as the Second Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 . B Nutrition Waivers I Maintaining Essential Access to Lunch for Students Act 2101. Short title This title may be cited as the Maintaining Essential Access to Lunch for Students Act or the MEALS Act . 2102. Waiver exception for school closures due to COVID–19 (a) In general The requirements under section 12(l)(1)(A)(iii) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(l)(1)(A)(iii) ) shall not apply to a qualified COVID–19 waiver. (b) Allowable increase in Federal costs Notwithstanding paragraph (4) of section 12(l) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(l) ), the Secretary of Agriculture may grant a qualified 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. (d) Qualified COVID–19 waiver In this section, 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 service 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 providing meals and meal supplements under such Acts during a school closure due to COVID–19. II COVID—19 Child Nutrition Response Act 2201. Short title This title may be cited as the COVID–19 Child Nutrition Response Act . 2202. National school lunch program requirement waivers addressing COVID–19 (a) Nationwide waiver (1) In general Notwithstanding any other provision of law, the Secretary may establish a waiver 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 section 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 subject 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 waiver Notwithstanding any other provision of law, the Secretary may grant a waiver under section 12(l) of the Richard 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 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 determined by the Secretary. (c) Meal pattern waiver Notwithstanding paragraph (4)(A) of section 12(l) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(l) ) the Secretary may grant a waiver under such section that relates to the nutritional content of meals served if the Secretary 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 respect 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, submit 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. (2) A description of whether such waiver resulted in improved services to children. (e) Sunset The authority of the Secretary to establish or grant a waiver under this section shall expire on September 30, 2020. (f) Definitions In this section: (1) Qualified program The term qualified program means the following: (A) The school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.). (B) The school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). (C) The child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ). (D) The summer food service program for children under section 13 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 ). (2) Secretary The term Secretary means the Secretary of Agriculture. (3) State The term State has the meaning given such term in section 12(d)(8) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(d)(8) ). 2203. Physical presence waiver under WIC during certain public health emergencies (a) Waiver authority (1) In general Notwithstanding any other provision of law, the Secretary may grant a request described in paragraph (2) to— (A) waive the requirement under section 17(d)(3)(C)(i) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(C)(i) ); and (B) defer anthropometric and bloodwork requirements necessary to determine nutritional risk. (2) Request A request described in this paragraph is a request made to the Secretary by a State agency to waive, on behalf of the local agencies served by such State agency, the requirements described in paragraph (1) during any portion of the emergency period (as defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b-5(g) ) (beginning on or after the date of the enactment of this section). (b) Reports (1) Local agency reports Each local agency that uses a waiver pursuant to subsection (a) shall, not later than 1 year after the date such local agency uses such waiver, submit a report to the State agency serving such local agency that includes the following: (A) A summary of the use of such waiver by the local agency. (B) A description of whether such waiver resulted in improved services to women, infants, and children. (2) State agency reports Each State agency that receives a waiver under subsection (a) shall, not later than 18 months after the date such State agency received such waiver, submit a report to the Secretary that includes the following: (A) A summary of the reports received by the State agency under paragraph (1). (B) A description of whether such waiver resulted in improved services to women, infants, and children. (c) Sunset The authority under this section shall expire on September 30, 2020. (d) Definitions In this section: (1) Local agency The term local agency has the meaning given the term in section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) ). (2) Nutritional risk The term nutritional risk has the meaning given the term in section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) ). (3) Secretary The term Secretary means the Secretary of Agriculture. (4) State agency The term State agency has the meaning given the term in section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) ). 2204. Administrative requirements waiver under WIC (a) Waiver authority (1) In general Notwithstanding any other provision of law, the Secretary of Agriculture may, if requested by a State agency (as defined in section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) ), modify or waive any qualified administrative requirement with respect to such State agency. (2) Qualified administrative requirement In this section, the term qualified administrative requirement means a regulatory requirement issued under section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) that the Secretary of Agriculture determines— (A) cannot be met by a State agency due to COVID–19; and (B) the modification or waiver of which is necessary to provide assistance under such section. (b) State agency reports Each State agency that receives a waiver under subsection (a)(1) shall, not later than 1 year after the date such State agency received such waiver, submit a report to the Secretary of Agriculture that includes the following: (1) A summary of the use of such waiver by the State agency. (2) A description of whether such waiver resulted in improved services to women, infants, and children. (c) Sunset The authority under this section shall expire on September 30, 2020. III SNAP Waivers 2301. SNAP flexibility for low-income jobless workers (a) Beginning with the first month that begins after the enactment of this Act and for each subsequent month through the end of the month subsequent to the month a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease 2019 (COVID–19) is lifted, eligibility for supplemental nutrition assistance program benefits shall not be limited under section 6(o)(2) of the Food and Nutrition Act of 2008 unless an individual does not comply with the requirements of a program offered by the State agency (as defined in section 3 of the Food and Nutrition Act of 2008) that meets the standards of subparagraphs (B) or (C) of such section 6(o)(2). (b) Beginning on the month subsequent to the month the public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of COVID–19 is lifted for purposes of section 6(o) of the Food and Nutrition Act of 2008, such State agency shall disregard any period during which an individual received benefits under the supplemental nutrition assistance program prior to such month. 2302. Additional SNAP flexibilities in a public health emergency (a) In the event of a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease 2019 (COVID–19) and the issuance of an emergency or disaster declaration by a State based on an outbreak of COVID–19, the Secretary of Agriculture— (1) shall provide, at the request of a State agency (as defined in section 3 of the Food and Nutrition Act of 2008) that provides sufficient data (as determined by the Secretary through guidance) supporting such request, for emergency allotments to households participating 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 by guidance in consultation with one or more State agencies, issuance methods and application and reporting requirements 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 availability of offices and personnel in State agencies, any conditions that make reliance on electronic benefit transfer systems described in section 7(h) of the Food and Nutrition Act of 2008 impracticable, any disruptions of transportation and communication facilities, and any health considerations that warrant alternative approaches.) (b) Not later than 10 days after the date of the receipt or issuance of each document listed in paragraphs (1), (2), or (3) of this subsection, the Secretary of Agriculture shall make publicly available on the website of the Department the following documents: (1) Any request submitted by State agencies under subsection (a). (2) The Secretary’s approval or denial of each such request. (3) Any guidance issued under subsection (a)(2). (c) The Secretary of Agriculture shall, within 18 months after the public health emergency declaration described in subsection (a) is lifted, submit a report to the House and Senate Agriculture Committees with a description of the measures taken to address the food security needs of affected populations during the emergency, any information or data supporting State agency requests, any additional measures that States requested that were not approved, and recommendations for changes to the Secretary’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. C Emergency Family and Medical Leave Expansion Act 3101. Short title This Act may be cited as Emergency Family and Medical Leave Expansion Act . 3102. Amendments to the Family and Medical Leave Act of 1993 (a) Public health emergency leave (1) In general Section 102(a)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a)(1) ) is amended by adding at the end the following: (F) During the period beginning on the date the Emergency Family and Medical Leave Expansion Act takes effect, and ending on December 31, 2020, because of a qualifying need related to a public 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) 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: 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 follows: (A) Eligible employee In lieu of the definition in sections 101(2)(A) and 101(2)(B)(ii), the term eligible employee means an employee who has been employed for at least 30 calendar days by the employer with respect to whom leave is requested under 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 calendar workweeks in the current or preceding calendar year . (2) Additional definitions In addition to the definitions described in paragraph (1), the following 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 emergency , with respect 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 compensation for providing child care services on a regular basis, including an eligible child care provider (as defined in section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n )). (D) School The term school means an elementary school or secondary school as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Regulatory Authorities The 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 eligible employee under section 110(a)(1)(A); and (B) to exempt small businesses with fewer than 50 employees from the requirements of section 102(a)(1)(F) when the imposition of such requirements would jeopardize the viability of the business as a going concern. (b) Relationship to paid leave (1) Unpaid leave for initial 10 days (A) In general The first 10 days for which an employee takes leave under section 102(a)(1)(F) may consist of unpaid leave. (B) Employee election An employee may elect to substitute any accrued vacation leave, personal leave, or medical or sick leave for unpaid leave under section 102(a)(1)(F) in accordance with section 102(d)(2)(B). (2) Paid leave for subsequent days (A) In general An employer shall provide paid leave for each day of leave under section 102(a)(1)(F) that an employee takes after taking leave under such section for 10 days. (B) Calculation (i) In general Subject to clause (ii), paid leave under subparagraph (A) for an employee shall be calculated based on— (I) an amount that is not less than two-thirds of an employee’s 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 employee would otherwise be normally scheduled to work (or the number of hours calculated under subparagraph (C)). (ii) Clarification In no event shall such paid leave exceed $200 per day and $10,000 in the aggregate. (C) Varying schedule hours calculation In the case of an employee whose schedule varies from week to week to such an extent that an employer is unable to determine with certainty the number of hours the 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 employee was scheduled per day over the 6-month period ending on the date on which the employee 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 subsection (a)(2)(A)(iii) is foreseeable, an employee shall provide the employer with such notice of leave as is practicable. (d) Restoration to position (1) In general Section 104(a)(1) shall not apply with respect to an employee of an employer who employs fewer than 25 employees if the conditions described in paragraph (2) are met. (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 emergency 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 commenced, 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 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 section 102(a)(1)(F) commences. . 3103. Employment under multi-employer bargaining agreements (a) Employers An employer signatory to a multiemployer collective bargaining agreement may, consistent with its bargaining obligations and its collective bargaining agreement, fulfill its obligations under section 110(b)(2) of title I of the Family and Medical Leave Act of 1993, as added by the Families First Coronavirus Response Act, by making contributions to a multiemployer fund, plan, or program based on the paid leave each of its employees is entitled to under such section while 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 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 multiemployer collective bargaining agreement into which their employers 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 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. 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). 3105. Special Rule for Health Care Providers and Emergency Responders 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 the provisions in the amendments made under of section 3102 of this Act. 3106. Effective Date This Act shall take effect not later than 15 days after the date of enactment of this Act. D Emergency Unemployment Insurance Stabilization and Access Act of 2020 4101. Short title This division may be cited as the Emergency Unemployment Insurance Stabilization and Access Act of 2020 . 4102. Emergency transfers for unemployment compensation administration (a) In general Section 903 of the Social Security Act ( 42 U.S.C. 1103 ) is amended by adding at the end the following: (h) Emergency transfers in fiscal year 2020 for administration (1) (A) In addition to any other amounts, the Secretary of Labor shall provide for the making of emergency administration grants in fiscal year 2020 to the accounts of the States in the Unemployment Trust Fund, in 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 multiplying $1,000,000,000 by the same ratio as would apply under subsection (a)(2)(B) for purposes of determining such State’s share of any excess amount (as described 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 determined under subparagraph (B) with respect to a State— (i) not later than 60 days after the date of enactment of this subsection, 50 percent 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 (2); and (ii) only with respect to a State in which the number of unemployment compensation claims has increased by at least 10 percent over the same quarter in the previous calendar year, the remainder shall be transferred to the account of such State upon a certification by the Secretary of Labor to the Secretary of the Treasury that the State meets the requirements of paragraph (3). (2) The requirements of this paragraph with respect to a State are the following: (A) The State requires employers to provide notification of the availability of unemployment compensation to employees at the time of separation from employment. Such notification may be based on model notification 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 application is received and is being processed, and in any case in which an application is unable to be processed, provides information about steps the applicant 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 unemployment 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 claimants, including waiving work search requirements and the waiting week, and non-charging employers directly impacted by COVID–19 due to an illness in the workplace or direction from a public health official to isolate or quarantine workers. (4) Any amount transferred to the account of a State under this subsection may be used by such State only for the administration of its unemployment compensation law, including by taking such steps as may be necessary to ensure adequate resources in periods of high demand. (5) Not later than 1 year after the date of enactment of the Emergency Unemployment Insurance Stabilization and Access Act of 2020 , each State receiving emergency administration grant funding under paragraph (1)(C)(i) shall submit to the Secretary of Labor, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate, a report that includes— (A) an analysis of the recipiency rate for unemployment compensation in the State as such rate has changed over time; (B) a description of steps the State intends to take to increase such recipiency rate. (6) (A) Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated) to the employment security administration account (as established by section 901 of the Social Security Act) such sums as the Secretary of Labor estimates to be necessary for purposes of making the transfers described in paragraph (1)(C). (B) There are appropriated from the general fund of the Treasury, without fiscal year limitation, the sums referred to in the preceding sentence and such sums shall not be required to be repaid. . (b) Emergency flexibility Notwithstanding any other law, if a State modifies its unemployment compensation law and policies with respect to work search, waiting week, good cause, or employer experience rating on an emergency temporary basis as needed to respond to the spread of COVID–19, such modifications shall be disregarded for the purposes of applying section 303 of the Social Security Act and section 3304 of the Internal Revenue Code of 1986 to such State law. (c) Regulations The Secretary of Labor may prescribe any regulations, operating instructions, or other guidance necessary to carry out the amendment made by subsection (a). 4103. Temporary assistance for States with advances Section 1202(b)(10)(A) of the Social Security Act ( 42 U.S.C. 1322(b)(10)(A) ) is amended by striking beginning on the date of enactment of this paragraph and ending on December 31, 2010 and inserting beginning on the date of enactment of the Emergency Unemployment Insurance Stabilization and Access Act of 2020 and ending on December 31, 2020 . 4104. Technical assistance and guidance for short-time compensation programs The Secretary of Labor shall assist States in establishing, implementing, and improving the employer awareness of short-time compensation programs (as defined in section 3306(v) of the Internal Revenue Code of 1986) to help avert layoffs, including by providing technical assistance and guidance. 4105. Full federal funding of extended unemployment compensation for a limited period (a) In general In the case of sharable extended compensation and sharable regular compensation paid for weeks of unemployment beginning after the date of the enactment of this section and before December 31, 2020 (and only with respect to States that receive emergency administration grant funding under clauses (i) and (ii) of section 903(h)(1)(C) of the Social Security Act ( 42 U.S.C. 1102(h)(1)(C) )), section 204(a)(1) of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note) shall be applied by substituting 100 percent of for one-half of . (b) Temporary federal matching for the first week of extended benefits for states with no waiting week With respect to weeks of unemployment beginning after the date of the enactment of this Act and ending on or before December 31, 2020, subparagraph (B) of section 204(a)(2) of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note) shall not apply. (c) Definitions For purposes of this section— (1) the terms sharable extended compensation and sharable regular compensation have the respective meanings given such terms under section 204 of the Federal-State Extended Unemployment Compensation Act of 1970; and (2) the term week has the meaning given such term under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970. (d) Regulations The Secretary of Labor may prescribe any operating instructions or regulations necessary to carry out this section. E Emergency Paid Sick Leave Act 5101. Short title This Act may be cited as the Emergency Paid Sick Leave Act . 5102. Paid sick time requirement (a) In general An employer shall provide to each employee employed by the employer paid sick time to the extent that the employee is unable to work (or telework) due to a need for leave because: (1) The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19. (2) The employee has been advised by a health care provider to self-quarantine due to concerns 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. (6) The employee is experiencing any other substantially 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 employee 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). (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 subsection (a) shall be available for immediate use by the employee for the purposes described in such subsection, regardless of how long the employee has been employed by an employer. (2) Sequencing (A) In general An employee may first use the paid sick time under subsection (a) for the purposes described in such subsection. (B) Prohibition An employer may not require an employee to use other paid leave provided by the employer to the employee before the employee uses the paid sick time under subsection (a). 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. (b) Model notice Not later than 7 days after the date of enactment of this Act, the Secretary of Labor shall make publicly available a model of a notice that meets the requirements of subsection (a). 5104. Prohibited acts It shall be unlawful for any employer to discharge, discipline, or in any other manner discriminate against any employee who— (1) takes leave in accordance with this Act; and (2) has filed any complaint or instituted or caused to be instituted any proceeding under or 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. 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 Standards 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 respect to such violation. (b) Unlawful termination An employer who willfully violates section 5104 shall— (1) be considered to be in violation of section 15(a)(3) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a)(3) ); and (2) be subject to the penalties described in sections 16 and 17 of such Act ( 29 U.S.C. 216 ; 217) with respect to such violation. 5106. Employment under multi-employer bargaining agreements (a) Employers An employer signatory to a multiemployer collective bargaining agreement may, consistent with its bargaining obligations and its collective bargaining agreement, fulfill its obligations under this Act by making contributions to a multiemployer fund, plan, or program based on the hours of paid sick time each of its employees is entitled to under this Act while working under the multiemployer collective bargaining agreement, provided that the fund, plan, or program enables 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 multiemployer collective bargaining agreement into which their employers 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 bargaining agreement for the uses specified in section 5102(a). 5107. Rules of construction Nothing in this Act shall be construed— (1) to in any way diminish the rights or benefits that an employee is entitled to under any— (A) other Federal, State, or local law; (B) collective bargaining agreement; or (C) existing employer policy; or (2) to require financial or other reimbursement to an employee from an employer upon the employee’s termination, resignation, retirement, or other separation from employment for paid sick time under this Act that has not been used by such employee. 5108. Effective date This Act, and the requirements under this Act, shall take effect not later than 15 days after the date of enactment of this Act. 5109. Sunset This Act, and the requirements under this Act, shall expire on December 31, 2020. 5110. Definitions For purposes of the Act: (1) Employee The terms employee means an individual who is— (A) (i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ), who is not covered under subparagraph (E) or (F), including such an 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 Accountability 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 section 2101(1) of title 5, United States Code). (2) Employer (A) In general The term employer means a person who is— (i) (I) a covered employer, as defined in subparagraph (B), who is not covered under subclause (V); (II) an entity employing a State 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 Postal Regulatory Commission; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii). (B) Covered employer (i) In general In subparagraph (A)(i)(I), the term covered employer — (I) means any person engaged in commerce or in any industry or activity affecting commerce that— (aa) in the case of a private entity or individual, employs fewer than 500 employees; and (bb) in the case of a public agency or any other entity that is not a private entity or individual, employs 1 or more employees; (II) includes— (aa) includes any person acting directly or indirectly in the interest of an employer in relation to an employee (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 Standards Act of 1938 ( 29 U.S.C. 203(x) ); and (IV) includes the Government Accountability Office and the Library of Congress. (ii) Public agency For purposes of clause (i)(IV), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (iii) Definitions For purposes of this subparagraph: (I) Commerce The terms commerce 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 industry 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 employee has the same meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ). (III) Person The term 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 provider and son or daughter have the meanings given such terms in section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 ). (5) Paid sick time (A) In general The term paid sick time means an increment of compensated leave that— (i) is provided by an employer for use during an absence from employment for a reason described in any paragraph of 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 subparagraph (C)), except that in no event shall such paid sick time exceed— (I) $511 per day and $5,110 in the aggregate for a use described in paragraph (1), (2), or (3) of section 5102(a); and (II) $200 per day and $2,000 in the aggregate for a use described in paragraph (4), (5), or (6) of section 5102(a). (B) Required compensation (i) In General Subject to subparagraph (A)(ii), the employee’s required compensation under this subparagraph shall be not less than the greater of the following: (I) The employee’s regular rate of pay (as determined under section 7(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207(e) ). (II) The minimum wage rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ). (III) The minimum wage rate in effect for such employee in the applicable 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 calculation In the case of a part-time employee described 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 employee was scheduled per day over the 6-month period ending on the date on which the employee takes the paid sick time, including hours for which the 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. (D) Guidelines Not later than 15 days after the date of the enactment of this Act, the Secretary of Labor shall issue guidelines to assist employers 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 require the employee to follow reasonable notice procedures in order to continue receiving such paid sick time. 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 employer of such health care providers and emergency responders to opt out; (2) to exempt small businesses with fewer than 50 employees from the requirements of section 5102(a)(5) when the imposition of such requirements would jeopardize the viability of the business as a going concern; and (3) as necessary, to carry out the purposes of this Act, including to ensure consistency between this Act and Division C and Division G of the Families First Coronavirus Response Act. F Health Provisions 6001. Coverage of testing for COVID–19 (a) In general A group health plan and a health insurance 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 coinsurance) requirements or prior authorization or other medical management requirements, for the following items and services furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) beginning on or after the date of the enactment of this Act: (1) In vitro diagnostic products (as defined in section 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 administration 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 determining the need of such individual for such product. (b) Enforcement The provisions of subsection (a) shall be applied by the Secretary of Health and Human Services, Secretary of Labor, and Secretary of the 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 Income 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 otherwise. (d) Terms The terms group health plan ; health insurance issuer ; group health insurance coverage , and individual health insurance coverage have the meanings given such terms in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 ), section 733 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1191b ), and section 9832 of the Internal Revenue Code of 1986, as applicable. 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 specified COVID–19 testing-related service described in paragraph (1) of subsection (cc) for which payment may be made under a specified outpatient payment provision described in paragraph (2) of such subsection, the amounts paid shall be 100 percent of the payment amount otherwise recognized under such respective specified outpatient payment provision 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 testing-related service described in paragraph (1) of subsection (cc) for which payment may be made under a specified outpatient payment provision described in paragraph (2) of such subsection ; and (3) by adding at the end the following new subsection: (cc) Specified COVID–19 testing-related services For purposes of subsection (a)(1)(DD): (1) Description (A) In general A specified COVID–19 testing-related service described in this paragraph is a medical visit that— (i) is in any of the categories of HCPCS evaluation and management service codes described 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 administration of a clinical diagnostic laboratory test described in section 1852(a)(1)(B)(iv)(IV); and (iv) relates to the furnishing or administration 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. (vii) Online digital evaluation and management services. (2) Specified outpatient payment provision A specified outpatient payment provision described in this paragraph is any of the following: (A) The hospital outpatient prospective payment system under subsection (t). (B) The physician fee schedule under section 1848. (C) The prospective payment system developed under section 1834(o). (D) Section 1834(g), with respect to an outpatient critical access hospital service. (E) The payment basis determined in regulations pursuant to section 1833(a)(3) for rural health clinic services. . (b) Claims modifier The Secretary of Health and Human Services shall provide for an appropriate modifier (or other identifier) to include on claims to 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. (c) Implementation Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the provisions of, including amendments made by, this section through program instruction or otherwise. 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 subclause (VI); and (B) by inserting after subclause (III) the following new subclauses: (IV) Clinical diagnostic laboratory test administered during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) beginning on or after the date of the enactment of the Families First Coronavirus Response Act for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19 and the administration of such test. (V) Specified COVID–19 testing-related services (as described in section 1833(cc)(1)) for which payment would be payable under a specified outpatient payment provision described in section 1833(cc)(2). ; (2) in clause (v), by inserting , other than subclauses (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 testing In the case of a product or service described in subclause (IV) or (V), respectively, of clause (iv) that is administered or furnished during any portion of the emergency period described in such subclause beginning on or after the date of the enactment of this clause, an MA plan may not impose any prior authorization or other utilization management requirements with respect to the coverage of such a product or service under such plan. . (b) Implementation Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by this section by program instruction or otherwise. 6004. Coverage at no cost sharing of COVID–19 testing 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 inserting (A) other laboratory ; (B) by inserting and after the semicolon; and (C) by adding at the end the following new subparagraph: (B) in vitro diagnostic products (as defined in section 809.3(a) of title 21, Code of Federal Regulations) administered during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) beginning on or after the date of the enactment of this subparagraph for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19 that are approved, cleared, or 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 (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 during any portion of the emergency period described in such section beginning on or after the date of the enactment of this subparagraph (and the administration of such product), 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 described in section 1905(a)(3)(B) that is administered during any portion of the emergency period described in such section beginning on or after the date of the enactment of this clause (and the administration of such product) and any visit described in section 1916(a)(2)(G) that is furnished during any such portion. . (C) Clarification The amendments made this paragraph shall apply with respect to a State plan of a territory in the same manner as a State plan of one of the 50 States. (3) State option to provide coverage for uninsured individuals (A) In general Section 1902(a)(10) of the Social Security Act ( 42 U.S.C. 1396a(a)(10) ) is amended— (i) in subparagraph (A)(ii)— (I) in subclause (XXI), by striking or at the end; (II) in subclause (XXII), by adding or at the end; and (III) by adding at the end the following new subclause: (XXIII) during any portion of the emergency period defined in paragraph (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 inserting , (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 eligible for medical assistance only because of subparagraph (A)(ii)(XXIII) shall be limited 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 described in such section beginning on or after the date of the enactment of this subclause (and the administration of such product) and any visit described in section 1916(a)(2)(G) that is furnished during any such portion . (B) Receipt and initial processing of applications 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 Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended by adding at the end the following new subsection: (ss) Uninsured individual defined For purposes of this section, the term uninsured individual means, notwithstanding any other provision of this title, any individual who is— (1) not described in subsection (a)(10)(A)(i); and (2) not enrolled in a Federal health care 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 percentage Section 1905(b) of the Social Security Act ( 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 centum with respect to (and, notwithstanding any other provision of this title, available for) medical assistance provided to uninsured individuals (as defined 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 expenditures described in section 1903(a)(7) that a State demonstrates to the satisfaction of the Secretary are attributable to administrative costs related to providing for such medical assistance to such individuals under the State plan. . (b) CHIP (1) In general Section 2103(c) of the Social Security 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 coverage of any in vitro diagnostic product described in section 1905(a)(3)(B) that is administered during any portion of the emergency period described in such section beginning on or after the date of the enactment of this subparagraph (and the administration of such product). . (2) Coverage for targeted low-income pregnant women Section 2112(b)(4) of the Social Security Act ( 42 U.S.C. 1397ll(b)(4) ) is amended by inserting under section 2103(c) after same requirements . (3) Prohibition of cost sharing Section 2103(e)(2) of the Social Security Act ( 42 U.S.C. 1397cc(e)(2) ) is amended— (A) in the paragraph header, by inserting , COVID–19 testing, before or pregnancy-related assistance ; and (B) by striking category of services described in subsection (c)(1)(D) or and inserting categories 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 . 6005. Treatment of personal respiratory protective 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; and (2) in subparagraph (C), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (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 authorization issued by the Secretary on March 2, 2020, or subsequent emergency use authorizations, pursuant to section 564 of the Federal Food, Drug, and Cosmetic Act (authorizing emergency use of personal respiratory protective 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 emergency declared on January 31, 2020, pursuant to section 319 as a result of confirmed cases of 2019 Novel Coronavirus (2019-nCoV). . 6006. Application with respect to Tricare, coverage for veterans, and coverage for Federal civilians (a) Tricare The Secretary of Defense may not require any copayment or other cost sharing under chapter 55 of title 10, United States Code, for in vitro diagnostic products described in paragraph (1) of section 6001(a) (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) beginning on or after the date of the enactment of this Act. (b) Veterans The Secretary of Veterans Affairs may not require any copayment or other cost sharing under chapter 17 of title 38, United States Code, for in vitro diagnostic products described in paragraph (1) of section 6001(a) (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) beginning on or after the date of the enactment of this Act. (c) Federal civilians No copayment or other cost sharing may be required for any individual occupying a position in the civil service (as that term is defined in section 2101(1) of title 5, United States Code) enrolled in a health benefits plan, including any plan under chapter 89 of title 5, United States Code, or for any other individual currently enrolled in any plan under chapter 89 of title 5 for in vitro diagnostic products described in paragraph (1) of section 6001(a) (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) beginning on or after the date of the enactment of this Act. 6007. Coverage of testing for COVID–19 at no cost sharing for Indians receiving purchased/referred care The Secretary of Health and Human Services shall cover, without the imposition of any cost sharing requirements, the cost of providing any COVID–19 related items and services as described in paragraph (1) of section 6001(a) (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 320b–5(g) ) beginning on or after the date of the enactment of this Act to Indians (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )) receiving health services through the Indian Health Service, including through an Urban Indian Organization, regardless of whether such items or services have been authorized under the purchased/referred care system funded by the Indian Health Service or is covered as a health service of the Indian Health Service. 6008. Temporary increase of Medicaid FMAP (a) In general Subject to subsection (b), for each calendar quarter occurring during the period beginning on the first day of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) and ending on the last day of the calendar quarter in which the last day of such emergency period occurs, the Federal medical assistance percentage determined for each State, including the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands, under section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ) shall be increased by 6.2 percentage points. (b) Requirement for all States A State described in subsection (a) may not receive the increase described in such subsection in the Federal medical assistance percentage for such State, with respect to a quarter, if— (1) eligibility standards, methodologies, or procedures under the State plan of such State under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) (including any waiver under such title or section 1115 of such Act ( 42 U.S.C. 1315 )) are more restrictive during such quarter than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on January 1, 2020; (2) the amount of any premium imposed by the State pursuant to section 1916 or 1916A of such Act ( 42 U.S.C. 1396o , 1396o–1) during such quarter, with respect to an individual enrolled under such plan (or waiver), exceeds the amount of such premium as of January 1, 2020; (3) the State fails to provide that an individual who is enrolled for benefits under such plan (or waiver) as of the date of enactment of this section or enrolls for benefits under such plan (or waiver) during the period beginning on such date of enactment and ending the last day of the month in which the emergency period described in subsection (a) ends shall be treated as eligible for such benefits through the end of the month in which such emergency period ends unless the individual requests a voluntary termination of eligibility or the individual ceases to be a resident of the State; or (4) the State does not provide coverage under such plan (or waiver), without the imposition of cost sharing, during such quarter for any testing services and treatments for COVID–19, including vaccines, specialized equipment, and therapies. (c) Requirement for certain States Section 1905(cc) of the Social Security Act ( 42 U.S.C. 1396d(cc) ) is amended by striking the period at the end of the subsection and inserting and section 6008 of the Families First Coronavirus Response Act, except that in applying such treatments to the increases in the Federal medical assistance percentage under section 6008 of the Families First Coronavirus Response Act, the reference to December 31, 2009 shall be deemed to be a reference to March 11, 2020 . . 6009. Increase in Medicaid allotments for territories Section 1108(g) of the Social Security Act ( 42 U.S.C. 1308(g) ) is amended— (1) in paragraph (2)— (A) in subparagraph (B)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking for each of fiscal years 2020 through 2021, $126,000,000; and inserting for fiscal year 2020, $128,712,500; and ; and (iii) by adding at the end the following new clause: (iii) for fiscal year 2021, $127,937,500; ; (B) in subparagraph (C)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking for each of fiscal years 2020 through 2021, $127,000,000; and inserting for fiscal year 2020, $130,875,000; and ; and (iii) by adding at the end the following new clause: (iii) for fiscal year 2021, $129,712,500; ; (C) in subparagraph (D)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking for each of fiscal years 2020 through 2021, $60,000,000; and and inserting for fiscal year 2020, $63,100,000; and ; and (iii) by adding at the end the following new clause: (iii) for fiscal year 2021, $62,325,000; and ; and (D) in subparagraph (E)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking for each of fiscal years 2020 through 2021, $84,000,000. and inserting for fiscal year 2020, $86,325,000; and ; and (iii) by adding at the end the following new clause: (iii) for fiscal year 2021, $85,550,000. ; and (2) in paragraph (6)(A)— (A) in clause (i), by striking $2,623,188,000 and inserting $2,716,188,000 ; and (B) in clause (ii), by striking $2,719,072,000 and inserting $2,809,063,000 . 6010. Clarification relating to Secretarial authority regarding Medicare telehealth services furnished during COVID–19 emergency period Paragraph (3)(A) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) is amended to read as follows: (A) furnished to such individual, during the 3-year period ending on the date such telehealth service was furnished, an item or service that would be considered covered under title XVIII if furnished to an individual entitled to benefits or enrolled under such title; or . G Tax Credits for Paid Sick and Paid Family and Medical Leave 7001. Payroll Credit for Required Paid Sick Leave (a) In general In the case of an employer, there shall be allowed as a credit against the tax imposed by section 3111(a) or 3221(a) of the Internal Revenue Code of 1986 for each calendar quarter an amount equal to 100 percent of the qualified sick leave wages paid by such employer with respect to such calendar quarter. (b) Limitations and refundability (1) Wages taken into account The amount of qualified sick leave wages taken into account under subsection (a) with respect to any individual shall not exceed $200 ($511 in the case of any day any portion of which is paid sick time described in paragraph (1), (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave Act) for any day (or portion thereof) for which the individual is paid qualified sick leave wages. (2) Overall limitation on number of days taken into account The aggregate number of days taken into account under paragraph (1) for any calendar quarter shall not exceed the excess (if any) of— (A) 10, over (B) the aggregate number of days so taken into account for all preceding calendar quarters. (3) Credit limited to certain employment taxes The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the tax imposed by section 3111(a) or 3221(a) of such Code for such calendar quarter (reduced by any credits allowed under subsections (e) and (f) of section 3111 of such Code for such quarter) on the wages paid with respect to the employment of all employees of the employer. (4) Refundability of excess credit (A) In general If the amount of the credit under subsection (a) exceeds the limitation of paragraph (3) for any calendar quarter, such excess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b) of such Code. (B) Treatment of payments For purposes of section 1324 of title 31, United States Code, any amounts due to an employer under this paragraph shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (c) Qualified sick leave wages For purposes of this section, the term qualified sick leave wages means wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) and compensation (as defined in section 3231(e) of the Internal Revenue Code) paid by an employer which are required to be paid by reason of the Emergency Paid Sick Leave Act . (d) Allowance of credit for certain health plan expenses (1) In general The amount of the credit allowed under subsection (a) shall be increased by so much of the employer’s qualified health plan expenses as are properly allocable to the qualified sick leave wages for which such credit is so allowed. (2) Qualified health plan expenses For purposes of this subsection, the term qualified health plan expenses means amounts paid or incurred by the employer to provide and maintain a group health plan (as defined in section 5000(b)(1) of the Internal Revenue Code of 1986), but only to the extent that such amounts are excluded from the gross income of employees by reason of section 106(a) of such Code. (3) Allocation rules For purposes of this section, qualified health plan expenses shall be allocated to qualified sick leave wages in such manner as the Secretary of the Treasury (or the Secretary’s delegate) may prescribe. Except as otherwise provided by the Secretary, such allocation shall be treated as properly made if made on the basis of being pro rata among covered employees and pro rata on the basis of periods of coverage (relative to the time periods of leave to which such wages relate). (e) Special rules (1) Denial of double benefit For purposes of chapter 1 of such Code, the gross income of the employer, for the taxable year which includes the last day of any calendar quarter with respect to which a credit is allowed under this section, shall be increased by the amount of such credit. Any wages taken into account in determining the credit allowed under this section shall not be taken into account for purposes of determining the credit allowed under section 45S of such Code. (2) Election not to have section apply This section shall not apply with respect to any employer for any calendar quarter if such employer elects (at such time and in such manner as the Secretary of the Treasury (or the Secretary’s delegate) may prescribe) not to have this section apply. (3) Certain terms Any term used in this section which is also used in chapter 21 of such Code shall have the same meaning as when used in such chapter. (4) Certain governmental employers This credit shall not apply to the Government of the United States, the government of any State or political subdivision thereof, or any agency or instrumentality of any of the foregoing. (f) Regulations The Secretary of the Treasury (or the Secretary’s delegate) shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including— (1) regulations or other guidance to prevent the avoidance of the purposes of the limitations under this section, (2) regulations or other guidance to minimize compliance and record-keeping burdens under this section, (3) regulations or other guidance providing for waiver of penalties for failure to deposit amounts in anticipation of the allowance of the credit allowed under this section, (4) regulations or other guidance for recapturing the benefit of credits determined under this section in cases where there is a subsequent adjustment to the credit determined under subsection (a), and (5) regulations or other guidance to ensure that the wages taken into account under this section conform with the paid sick time required to be provided under the Emergency Paid Sick Leave Act . (g) Application of section This section shall apply only to wages paid with respect to the period beginning on a date selected by the Secretary of the Treasury (or the Secretary’s delegate) which is during the 15-day period beginning on the date of the enactment of this Act, and ending on December 31, 2020. (h) Transfers to Federal Old-Age and Survivors Insurance Trust Fund There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 ) and the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231n–1(a) ) amounts equal to the reduction in revenues to the Treasury by reason of this section (without regard to this subsection). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund or Account had this section not been enacted. 7002. Credit for sick leave for certain self-employed individuals (a) Credit against self-employment tax In the case of an eligible self-employed individual, there shall be allowed as a credit against the tax imposed by subtitle A of the Internal Revenue Code of 1986 for any taxable year an amount equal to the qualified sick leave equivalent amount with respect to the individual. (b) Eligible self-employed individual For purposes of this section, the term eligible self-employed individual means an individual who— (1) regularly carries on any trade or business within the meaning of section 1402 of such Code, and (2) would be entitled to receive paid leave during the taxable year pursuant to the Emergency Paid Sick Leave Act if the individual were an employee of an employer (other than himself or herself). (c) Qualified sick leave equivalent amount For purposes of this section— (1) In general The term qualified sick leave equivalent amount means, with respect to any eligible self-employed individual, an amount equal to— (A) the number of days during the taxable year (but not more than the applicable number of days) that the individual is unable to perform services in any trade or business referred to in section 1402 of such Code for a reason with respect to which such individual would be entitled to receive sick leave as described in subsection (b), multiplied by (B) the lesser of— (i) $200 ($511 in the case of any day of paid sick time described in paragraph (1), (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave Act), or (ii) 67 percent (100 percent in the case of any day of paid sick time described in paragraph (1), (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave Act) of the average daily self-employment income of the individual for the taxable year. (2) Average daily self-employment income For purposes of this subsection, the term average daily self-employment income means an amount equal to— (A) the net earnings from self-employment of the individual for the taxable year, divided by (B) 260. (3) Applicable number of days For purposes of this subsection, the term applicable number of days means, with respect to any taxable year, the excess (if any) of 10 days over the number of days taken into account under paragraph (1)(A) in all preceding taxable years. (d) Special rules (1) Credit refundable (A) In general The credit determined under this section shall be treated as a credit allowed to the taxpayer under subpart C of part IV of subchapter A of chapter 1 of such Code. (B) Treatment of payments For purposes of section 1324 of title 31, United States Code, any refund due from the credit determined under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (2) Documentation No credit shall be allowed under this section unless the individual maintains such documentation as the Secretary of the Treasury (or the Secretary’s delegate) may prescribe to establish such individual as an eligible self-employed individual. (3) Denial of double benefit In the case of an individual who receives wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) or compensation (as defined in section 3231(e) of the Internal Revenue Code) paid by an employer which are required to be paid by reason of the Emergency Paid Sick Leave Act, the qualified sick leave equivalent amount otherwise determined under subsection (c) shall be reduced (but not below zero) to the extent that the sum of the amount described in such subsection and in section 7001(b)(1) exceeds $2,000 ($5,110 in the case of any day any portion of which is paid sick time described in paragraph (1), (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave Act). (4) Certain terms Any term used in this section which is also used in chapter 2 of the Internal Revenue Code of 1986 shall have the same meaning as when used in such chapter. (e) Application of section Only days occurring during the period beginning on a date selected by the Secretary of the Treasury (or the Secretary’s delegate) which is during the 15-day period beginning on the date of the enactment of this Act, and ending on December 31, 2020, may be taken into account under subsection (c)(1)(A). (f) Application of credit in certain possessions (1) Payments to possessions with mirror code tax systems The Secretary of the Treasury (or the Secretary’s delegate) shall pay to each possession of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the application of the provisions of this section. Such amounts shall be determined by the Secretary of the Treasury (or the Secretary’s delegate) based on information provided by the government of the respective possession. (2) Payments to other possessions The Secretary of the Treasury (or the Secretary’s delegate) shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury (or the Secretary’s delegate) as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the provisions of this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary of the Treasury (or the Secretary’s delegate), under which such possession will promptly distribute such payments to its residents. (3) Mirror code tax system For purposes of this section, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (4) Treatment of payments For purposes of section 1324 of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (g) Regulations The Secretary of the Treasury (or the Secretary’s delegate) shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including— (1) regulations or other guidance to effectuate the purposes of this Act, and (2) regulations or other guidance to minimize compliance and record-keeping burdens under this section. 7003. Payroll Credit for Required Paid Family Leave (a) In general In the case of an employer, there shall be allowed as a credit against the tax imposed by section 3111(a) or 3221(a) of the Internal Revenue Code of 1986 for each calendar quarter an amount equal to 100 percent of the qualified family leave wages paid by such employer with respect to such calendar quarter. (b) Limitations and refundability (1) Wages taken into account The amount of qualified family leave wages taken into account under subsection (a) with respect to any individual shall not exceed— (A) for any day (or portion thereof) for which the individual is paid qualified family leave wages, $200, and (B) in the aggregate with respect to all calendar quarters, $10,000. (2) Credit limited to certain employment taxes The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the tax imposed by section 3111(a) or 3221(a) of such Code for such calendar quarter (reduced by any credits allowed under subsections (e) and (f) of section 3111 of such Code, and section 7001 of this Act, for such quarter) on the wages paid with respect to the employment of all employees of the employer. (3) Refundability of excess credit If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b) of such Code. (c) Qualified family leave wages For purposes of this section, the term qualified family leave wages means wages (as defined in section 3121(a) of such Code) and compensation (as defined in section 3231(e) of the Internal Revenue Code) paid by an employer which are required to be paid by reason of the Emergency Family and Medical Leave Expansion Act (including the amendments made by such Act). (d) Allowance of credit for certain health plan expenses (1) In general The amount of the credit allowed under subsection (a) shall be increased by so much of the employer’s qualified health plan expenses as are properly allocable to the qualified family leave wages for which such credit is so allowed. (2) Qualified health plan expenses For purposes of this subsection, the term qualified health plan expenses means amounts paid or incurred by the employer to provide and maintain a group health plan (as defined in section 5000(b)(1) of the Internal Revenue Code of 1986), but only to the extent that such amounts are excluded from the gross income of employees by reason of section 106(a) of such Code. (3) Allocation rules For purposes of this section, qualified health plan expenses shall be allocated to qualified family leave wages in such manner as the Secretary of the Treasury (or the Secretary’s delegate) may prescribe. Except as otherwise provided by the Secretary, such allocation shall be treated as properly made if made on the basis of being pro rata among covered employees and pro rata on the basis of periods of coverage (relative to the time periods of leave to which such wages relate). (e) Special rules (1) Denial of double benefit For purposes of chapter 1 of such Code, the gross income of the employer, for the taxable year which includes the last day of any calendar quarter with respect to which a credit is allowed under this section, shall be increased by the amount of such credit. Any wages taken into account in determining the credit allowed under this section shall not be taken into account for purposes of determining the credit allowed under section 45S of such Code . (2) Election not to have section apply This section shall not apply with respect to any employer for any calendar quarter if such employer elects (at such time and in such manner as the Secretary of the Treasury (or the Secretary’s delegate) may prescribe) not to have this section apply. (3) Certain terms Any term used in this section which is also used in chapter 21 of such Code shall have the same meaning as when used in such chapter. (4) Certain governmental employers This credit shall not apply to the Government of the United States, the government of any State or political subdivision thereof, or any agency or instrumentality of any of the foregoing. (f) Regulations The Secretary of the Treasury (or the Secretary’s delegate) shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including— (1) regulations or other guidance to prevent the avoidance of the purposes of the limitations under this section, (2) regulations or other guidance to minimize compliance and record-keeping burdens under this section, (3) regulations or other guidance providing for waiver of penalties for failure to deposit amounts in anticipation of the allowance of the credit allowed under this section, (4) regulations or other guidance for recapturing the benefit of credits determined under this section in cases where there is a subsequent adjustment to the credit determined under subsection (a), and (5) regulations or other guidance to ensure that the wages taken into account under this section conform with the paid leave required to be provided under the Emergency Family and Medical Leave Expansion Act (including the amendments made by such Act). (g) Application of section This section shall apply only to wages paid with respect to the period beginning on a date selected by the Secretary of the Treasury (or the Secretary’s delegate) which is during the 15-day period beginning on the date of the enactment of this Act, and ending on December 31, 2020. (h) Transfers to Federal Old-Age and Survivors Insurance Trust Fund There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 ) and the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231n–1(a) ) amounts equal to the reduction in revenues to the Treasury by reason of this section (without regard to this subsection). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund or Account had this section not been enacted. 7004. Credit for family leave for certain self-employed individuals (a) Credit against self-employment tax In the case of an eligible self-employed individual, there shall be allowed as a credit against the tax imposed by subtitle A of the Internal Revenue Code of 1986 for any taxable year an amount equal to 100 percent of the qualified family leave equivalent amount with respect to the individual. (b) Eligible self-employed individual For purposes of this section, the term eligible self-employed individual means an individual who— (1) regularly carries on any trade or business within the meaning of section 1402 of such Code, and (2) would be entitled to receive paid leave during the taxable year pursuant to the Emergency Family and Medical Leave Expansion Act if the individual were an employee of an employer (other than himself or herself). (c) Qualified family leave equivalent amount For purposes of this section— (1) In general The term qualified family leave equivalent amount means, with respect to any eligible self-employed individual, an amount equal to the product of— (A) the number of days (not to exceed 50) during the taxable year that the individual is unable to perform services in any trade or business referred to in section 1402 of such Code for a reason with respect to which such individual would be entitled to receive paid leave as described in subsection (b), multiplied by (B) the lesser of— (i) 67 percent of the average daily self-employment income of the individual for the taxable year, or (ii) $200. (2) Average daily self-employment income For purposes of this subsection, the term average daily self-employment income means an amount equal to— (A) the net earnings from self-employment income of the individual for the taxable year, divided by (B) 260. (d) Special rules (1) Credit refundable (A) In general The credit determined under this section shall be treated as a credit allowed to the taxpayer under subpart C of part IV of subchapter A of chapter 1 of such Code. (B) Treatment of payments For purposes of section 1324 of title 31, United States Code, any refund due from the credit determined under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (2) Documentation No credit shall be allowed under this section unless the individual maintains such documentation as the Secretary of the Treasury (or the Secretary’s delegate) may prescribe to establish such individual as an eligible self-employed individual. (3) Denial of double benefit In the case of an individual who receives wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) or compensation (as defined in section 3231(e) of the Internal Revenue Code) paid by an employer which are required to be paid by reason of the Emergency Family and Medical Leave Expansion Act, the qualified family leave equivalent amount otherwise described in subsection (c) shall be reduced (but not below zero) to the extent that the sum of the amount described in such subsection and in section 7003(b)(1) exceeds $10,000. (4) Certain terms Any term used in this section which is also used in chapter 2 of the Internal Revenue Code of 1986 shall have the same meaning as when used in such chapter. (5) References to Emergency Family and Medical Leave Expansion Act Any reference in this section to the Emergency Family and Medical Leave Expansion Act shall be treated as including a reference to the amendments made by such Act. (e) Application of section Only days occurring during the period beginning on a date selected by the Secretary of the Treasury (or the Secretary’s delegate) which is during the 15-day period beginning on the date of the enactment of this Act, and ending on December 31, 2020, may be taken into account under subsection (c)(1)(A). (f) Application of credit in certain possessions (1) Payments to possessions with mirror code tax systems The Secretary of the Treasury (or the Secretary’s delegate) shall pay to each possession of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the application of the provisions of this section. Such amounts shall be determined by the Secretary of the Treasury (or the Secretary’s delegate) based on information provided by the government of the respective possession. (2) Payments to other possessions The Secretary of the Treasury (or the Secretary’s delegate) shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury (or the Secretary’s delegate) as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the provisions of this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary of the Treasury (or the Secretary’s delegate), under which such possession will promptly distribute such payments to its residents. (3) Mirror code tax system For purposes of this section, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (4) Treatment of payments For purposes of section 1324 of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (e) Regulations The Secretary of the Treasury (or the Secretary’s delegate) shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including— (1) regulations or other guidance to prevent the avoidance of the purposes of this Act, and (2) regulations or other guidance to minimize compliance and record-keeping burdens under this section. 7005. Special Rule Related to Tax on Employers (a) In General Any wages required to be paid by reason of the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act shall not be considered wages for purposes of section 3111(a) of the Internal Revenue Code of 1986 or compensation for purposes of section 3221(a) of such Code. (b) Allowance of credit for hospital insurance taxes (1) In general The credit allowed by section 7001 and the credit allowed by section 7003 shall each be increased by the amount of the tax imposed by section 3111(b) of the Internal Revenue Code of 1986 on qualified sick leave wages, or qualified family leave wages, for which credit is allowed under such section 7001 or 7003 (respectively). (2) Denial of double benefit For denial of double benefit with respect to the credit increase under paragraph (1), see sections 7001(e)(1) and 7003(e)(1). (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 ) and the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231n–1(a) ) amounts equal to the reduction in revenues to the Treasury by reason of this section (without regard to this subsection). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund or Account had this section not been enacted. H Budgetary Effects 8001. Budgetary effects (a) Statutory PAYGO scorecards The budgetary effects of division B and each succeeding division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate PAYGO scorecards The budgetary effects of division B and each succeeding division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). (c) Classification of budgetary effects Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of division B and each succeeding division shall not be estimated— (1) for purposes of section 251 of such Act; and (2) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.

Passed the House of Representatives March 14 (legislative day March 13), 2020. Cheryl L. Johnson, Clerk.

tv_txt: I One Hundred Sixteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and twenty H. R. 6201 AN ACT Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes.

1. Short title This Act may be cited as the Families First Coronavirus Response Act . 2. Table of Contents The table of contents is as follows: Division A—Second Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 Division B—Nutrition Waivers Division C—Emergency Family and Medical Leave Expansion Act Division D—Emergency Unemployment Insurance Stabilization and Access Act of 2020 Division E—Emergency Paid Sick Leave Act Division F—Health Provisions Division G—Tax Credits for Paid Sick and Paid Family and Medical Leave Division H—Budgetary Effects 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 division. A Second Coronavirus Preparedness and Response Supplemental 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: 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 , $500,000,000, to remain available through September 30, 2021: 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. Commodity Assistance Program For an additional amount for the Commodity Assistance 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 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 to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. General Provisions—This Title 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 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 Secretary 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 supplemental allotments 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 consecutive 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 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 administering 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 applicable under section 6(c) of such Act ( 7 U.S.C. 2015(c) ), and other administrative requirements otherwise applicable to State agencies 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 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 designation means the declaration 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 ). (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 requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 1102. In addition to amounts otherwise made available, $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 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. II Department of Defense Defense Health Program For an additional amount for Defense Health Program , $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 Response Act (or the administration of such products): 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. 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 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. 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 division F of the Families First Coronavirus Response Act (or the administration of such products): Provided , That such amounts shall be allocated at the discretion of the Director of the Indian Health Service: 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. 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 Americans: Provided , That State matching requirements under sections 304(d)(1)(D) and 309(b)(2) of the OAA shall not apply to funds made available under this heading in this Act: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Office of the Secretary public health and social services emergency fund For an additional amount for Public Health and Social Services Emergency Fund , $1,000,000,000, to remain available until expended, for activities authorized under section 2812 of the Public Health Service Act ( 42 U.S.C. 300hh–11 ), in coordination with the Assistant Secretary for Preparedness and Response and the Administrator of the Centers for Medicare & 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 Families 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 eligible for medical assistance only because of subsection (a)(10)(A)(ii)(XXIII) of Section 1902 of the Social Security Act; or (2) a group health plan or health insurance coverage offered by a health insurance issuer in the group or individual market (as such terms are defined in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg-91 )), or a health plan offered under chapter 89 of title 5, United States Code: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 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 emergency 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 Response Act (or the administration of such products): 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. VII General Provisions—This Act 1701. Not later than 30 days after the date of enactment of this Act, the head of each executive agency that receives funding in this Act shall provide a report detailing the anticipated uses of all such funding to the Committees on Appropriations of the House of Representatives 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. 1702. States and local governments receiving funds or assistance pursuant to this division shall ensure the respective State Emergency Operations Center receives regular and real-time reporting on aggregated data on testing and results from State and local public health departments, as determined by the Director of the Centers for Disease Control and Prevention, and that such data is transmitted to the Centers for Disease Control and Prevention. 1703. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 1704. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 1705. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2020. 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 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. 1707. Any amount appropriated by this Act, designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced 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. This division may be cited as the Second Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 . B Nutrition Waivers I Maintaining Essential Access to Lunch for Students Act 2101. Short title This title may be cited as the Maintaining Essential Access to Lunch for Students Act or the MEALS Act . 2102. Waiver exception for school closures due to COVID–19 (a) In general The requirements under section 12(l)(1)(A)(iii) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(l)(1)(A)(iii) ) shall not apply to a qualified COVID–19 waiver. (b) Allowable increase in Federal costs Notwithstanding paragraph (4) of section 12(l) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(l) ), the Secretary of Agriculture may grant a qualified 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. (d) Qualified COVID–19 waiver In this section, 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 service 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 providing meals and meal supplements under such Acts during a school closure due to COVID–19. II COVID—19 Child Nutrition Response Act 2201. Short title This title may be cited as the COVID–19 Child Nutrition Response Act . 2202. National school lunch program requirement waivers addressing COVID–19 (a) Nationwide waiver (1) In general Notwithstanding any other provision of law, the Secretary may establish a waiver 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 section 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 subject 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 waiver Notwithstanding any other provision of law, the Secretary may grant a waiver under section 12(l) of the Richard 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 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 determined by the Secretary. (c) Meal pattern waiver Notwithstanding paragraph (4)(A) of section 12(l) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(l) ) the Secretary may grant a waiver under such section that relates to the nutritional content of meals served if the Secretary 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 respect 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, submit 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. (2) A description of whether such waiver resulted in improved services to children. (e) Sunset The authority of the Secretary to establish or grant a waiver under this section shall expire on September 30, 2020. (f) Definitions In this section: (1) Qualified program The term qualified program means the following: (A) The school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.). (B) The school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). (C) The child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ). (D) The summer food service program for children under section 13 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 ). (2) Secretary The term Secretary means the Secretary of Agriculture. (3) State The term State has the meaning given such term in section 12(d)(8) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(d)(8) ). 2203. Physical presence waiver under WIC during certain public health emergencies (a) Waiver authority (1) In general Notwithstanding any other provision of law, the Secretary may grant a request described in paragraph (2) to— (A) waive the requirement under section 17(d)(3)(C)(i) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(C)(i) ); and (B) defer anthropometric and bloodwork requirements necessary to determine nutritional risk. (2) Request A request described in this paragraph is a request made to the Secretary by a State agency to waive, on behalf of the local agencies served by such State agency, the requirements described in paragraph (1) during any portion of the emergency period (as defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b-5(g) ) (beginning on or after the date of the enactment of this section). (b) Reports (1) Local agency reports Each local agency that uses a waiver pursuant to subsection (a) shall, not later than 1 year after the date such local agency uses such waiver, submit a report to the State agency serving such local agency that includes the following: (A) A summary of the use of such waiver by the local agency. (B) A description of whether such waiver resulted in improved services to women, infants, and children. (2) State agency reports Each State agency that receives a waiver under subsection (a) shall, not later than 18 months after the date such State agency received such waiver, submit a report to the Secretary that includes the following: (A) A summary of the reports received by the State agency under paragraph (1). (B) A description of whether such waiver resulted in improved services to women, infants, and children. (c) Sunset The authority under this section shall expire on September 30, 2020. (d) Definitions In this section: (1) Local agency The term local agency has the meaning given the term in section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) ). (2) Nutritional risk The term nutritional risk has the meaning given the term in section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) ). (3) Secretary The term Secretary means the Secretary of Agriculture. (4) State agency The term State agency has the meaning given the term in section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) ). 2204. Administrative requirements waiver under WIC (a) Waiver authority (1) In general Notwithstanding any other provision of law, the Secretary of Agriculture may, if requested by a State agency (as defined in section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) ), modify or waive any qualified administrative requirement with respect to such State agency. (2) Qualified administrative requirement In this section, the term qualified administrative requirement means a regulatory requirement issued under section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) that the Secretary of Agriculture determines— (A) cannot be met by a State agency due to COVID–19; and (B) the modification or waiver of which is necessary to provide assistance under such section. (b) State agency reports Each State agency that receives a waiver under subsection (a)(1) shall, not later than 1 year after the date such State agency received such waiver, submit a report to the Secretary of Agriculture that includes the following: (1) A summary of the use of such waiver by the State agency. (2) A description of whether such waiver resulted in improved services to women, infants, and children. (c) Sunset The authority under this section shall expire on September 30, 2020. III SNAP Waivers 2301. SNAP flexibility for low-income jobless workers (a) Beginning with the first month that begins after the enactment of this Act and for each subsequent month through the end of the month subsequent to the month a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease 2019 (COVID–19) is lifted, eligibility for supplemental nutrition assistance program benefits shall not be limited under section 6(o)(2) of the Food and Nutrition Act of 2008 unless an individual does not comply with the requirements of a program offered by the State agency (as defined in section 3 of the Food and Nutrition Act of 2008) that meets the standards of subparagraphs (B) or (C) of such section 6(o)(2). (b) Beginning on the month subsequent to the month the public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of COVID–19 is lifted for purposes of section 6(o) of the Food and Nutrition Act of 2008, such State agency shall disregard any period during which an individual received benefits under the supplemental nutrition assistance program prior to such month. 2302. Additional SNAP flexibilities in a public health emergency (a) In the event of a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease 2019 (COVID–19) and the issuance of an emergency or disaster declaration by a State based on an outbreak of COVID–19, the Secretary of Agriculture— (1) shall provide, at the request of a State agency (as defined in section 3 of the Food and Nutrition Act of 2008) that provides sufficient data (as determined by the Secretary through guidance) supporting such request, for emergency allotments to households participating 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 by guidance in consultation with one or more State agencies, issuance methods and application and reporting requirements 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 availability of offices and personnel in State agencies, any conditions that make reliance on electronic benefit transfer systems described in section 7(h) of the Food and Nutrition Act of 2008 impracticable, any disruptions of transportation and communication facilities, and any health considerations that warrant alternative approaches.) (b) Not later than 10 days after the date of the receipt or issuance of each document listed in paragraphs (1), (2), or (3) of this subsection, the Secretary of Agriculture shall make publicly available on the website of the Department the following documents: (1) Any request submitted by State agencies under subsection (a). (2) The Secretary’s approval or denial of each such request. (3) Any guidance issued under subsection (a)(2). (c) The Secretary of Agriculture shall, within 18 months after the public health emergency declaration described in subsection (a) is lifted, submit a report to the House and Senate Agriculture Committees with a description of the measures taken to address the food security needs of affected populations during the emergency, any information or data supporting State agency requests, any additional measures that States requested that were not approved, and recommendations for changes to the Secretary’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. C Emergency Family and Medical Leave Expansion Act 3101. Short title This Act may be cited as Emergency Family and Medical Leave Expansion Act . 3102. Amendments to the Family and Medical Leave Act of 1993 (a) Public health emergency leave (1) In general Section 102(a)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a)(1) ) is amended by adding at the end the following: (F) During the period beginning on the date the Emergency Family and Medical Leave Expansion Act takes effect, and ending on December 31, 2020, because of a qualifying need related to a public 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) 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: 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 follows: (A) Eligible employee In lieu of the definition in sections 101(2)(A) and 101(2)(B)(ii), the term eligible employee means an employee who has been employed for at least 30 calendar days by the employer with respect to whom leave is requested under 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 calendar workweeks in the current or preceding calendar year . (2) Additional definitions In addition to the definitions described in paragraph (1), the following 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 emergency , with respect 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 compensation for providing child care services on a regular basis, including an eligible child care provider (as defined in section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n )). (D) School The term school means an elementary school or secondary school as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Regulatory Authorities The 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 eligible employee under section 110(a)(1)(A); and (B) to exempt small businesses with fewer than 50 employees from the requirements of section 102(a)(1)(F) when the imposition of such requirements would jeopardize the viability of the business as a going concern. (b) Relationship to paid leave (1) Unpaid leave for initial 10 days (A) In general The first 10 days for which an employee takes leave under section 102(a)(1)(F) may consist of unpaid leave. (B) Employee election An employee may elect to substitute any accrued vacation leave, personal leave, or medical or sick leave for unpaid leave under section 102(a)(1)(F) in accordance with section 102(d)(2)(B). (2) Paid leave for subsequent days (A) In general An employer shall provide paid leave for each day of leave under section 102(a)(1)(F) that an employee takes after taking leave under such section for 10 days. (B) Calculation (i) In general Subject to clause (ii), paid leave under subparagraph (A) for an employee shall be calculated based on— (I) an amount that is not less than two-thirds of an employee’s 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 employee would otherwise be normally scheduled to work (or the number of hours calculated under subparagraph (C)). (ii) Clarification In no event shall such paid leave exceed $200 per day and $10,000 in the aggregate. (C) Varying schedule hours calculation In the case of an employee whose schedule varies from week to week to such an extent that an employer is unable to determine with certainty the number of hours the 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 employee was scheduled per day over the 6-month period ending on the date on which the employee 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 subsection (a)(2)(A)(iii) is foreseeable, an employee shall provide the employer with such notice of leave as is practicable. (d) Restoration to position (1) In general Section 104(a)(1) shall not apply with respect to an employee of an employer who employs fewer than 25 employees if the conditions described in paragraph (2) are met. (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 emergency 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 commenced, 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 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 section 102(a)(1)(F) commences. . 3103. Employment under multi-employer bargaining agreements (a) Employers An employer signatory to a multiemployer collective bargaining agreement may, consistent with its bargaining obligations and its collective bargaining agreement, fulfill its obligations under section 110(b)(2) of title I of the Family and Medical Leave Act of 1993, as added by the Families First Coronavirus Response Act, by making contributions to a multiemployer fund, plan, or program based on the paid leave each of its employees is entitled to under such section while 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 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 multiemployer collective bargaining agreement into which their employers 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 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. 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). 3105. Special Rule for Health Care Providers and Emergency Responders 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 the provisions in the amendments made under of section 3102 of this Act. 3106. Effective Date This Act shall take effect not later than 15 days after the date of enactment of this Act. D Emergency Unemployment Insurance Stabilization and Access Act of 2020 4101. Short title This division may be cited as the Emergency Unemployment Insurance Stabilization and Access Act of 2020 . 4102. Emergency transfers for unemployment compensation administration (a) In general Section 903 of the Social Security Act ( 42 U.S.C. 1103 ) is amended by adding at the end the following: (h) Emergency transfers in fiscal year 2020 for administration (1) (A) In addition to any other amounts, the Secretary of Labor shall provide for the making of emergency administration grants in fiscal year 2020 to the accounts of the States in the Unemployment Trust Fund, in 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 multiplying $1,000,000,000 by the same ratio as would apply under subsection (a)(2)(B) for purposes of determining such State’s share of any excess amount (as described 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 determined under subparagraph (B) with respect to a State— (i) not later than 60 days after the date of enactment of this subsection, 50 percent 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 (2); and (ii) only with respect to a State in which the number of unemployment compensation claims has increased by at least 10 percent over the same quarter in the previous calendar year, the remainder shall be transferred to the account of such State upon a certification by the Secretary of Labor to the Secretary of the Treasury that the State meets the requirements of paragraph (3). (2) The requirements of this paragraph with respect to a State are the following: (A) The State requires employers to provide notification of the availability of unemployment compensation to employees at the time of separation from employment. Such notification may be based on model notification 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 application is received and is being processed, and in any case in which an application is unable to be processed, provides information about steps the applicant 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 unemployment 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 claimants, including waiving work search requirements and the waiting week, and non-charging employers directly impacted by COVID–19 due to an illness in the workplace or direction from a public health official to isolate or quarantine workers. (4) Any amount transferred to the account of a State under this subsection may be used by such State only for the administration of its unemployment compensation law, including by taking such steps as may be necessary to ensure adequate resources in periods of high demand. (5) Not later than 1 year after the date of enactment of the Emergency Unemployment Insurance Stabilization and Access Act of 2020 , each State receiving emergency administration grant funding under paragraph (1)(C)(i) shall submit to the Secretary of Labor, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate, a report that includes— (A) an analysis of the recipiency rate for unemployment compensation in the State as such rate has changed over time; (B) a description of steps the State intends to take to increase such recipiency rate. (6) (A) Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated) to the employment security administration account (as established by section 901 of the Social Security Act) such sums as the Secretary of Labor estimates to be necessary for purposes of making the transfers described in paragraph (1)(C). (B) There are appropriated from the general fund of the Treasury, without fiscal year limitation, the sums referred to in the preceding sentence and such sums shall not be required to be repaid. . (b) Emergency flexibility Notwithstanding any other law, if a State modifies its unemployment compensation law and policies with respect to work search, waiting week, good cause, or employer experience rating on an emergency temporary basis as needed to respond to the spread of COVID–19, such modifications shall be disregarded for the purposes of applying section 303 of the Social Security Act and section 3304 of the Internal Revenue Code of 1986 to such State law. (c) Regulations The Secretary of Labor may prescribe any regulations, operating instructions, or other guidance necessary to carry out the amendment made by subsection (a). 4103. Temporary assistance for States with advances Section 1202(b)(10)(A) of the Social Security Act ( 42 U.S.C. 1322(b)(10)(A) ) is amended by striking beginning on the date of enactment of this paragraph and ending on December 31, 2010 and inserting beginning on the date of enactment of the Emergency Unemployment Insurance Stabilization and Access Act of 2020 and ending on December 31, 2020 . 4104. Technical assistance and guidance for short-time compensation programs The Secretary of Labor shall assist States in establishing, implementing, and improving the employer awareness of short-time compensation programs (as defined in section 3306(v) of the Internal Revenue Code of 1986) to help avert layoffs, including by providing technical assistance and guidance. 4105. Full federal funding of extended unemployment compensation for a limited period (a) In general In the case of sharable extended compensation and sharable regular compensation paid for weeks of unemployment beginning after the date of the enactment of this section and before December 31, 2020 (and only with respect to States that receive emergency administration grant funding under clauses (i) and (ii) of section 903(h)(1)(C) of the Social Security Act ( 42 U.S.C. 1102(h)(1)(C) )), section 204(a)(1) of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note) shall be applied by substituting 100 percent of for one-half of . (b) Temporary federal matching for the first week of extended benefits for states with no waiting week With respect to weeks of unemployment beginning after the date of the enactment of this Act and ending on or before December 31, 2020, subparagraph (B) of section 204(a)(2) of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note) shall not apply. (c) Definitions For purposes of this section— (1) the terms sharable extended compensation and sharable regular compensation have the respective meanings given such terms under section 204 of the Federal-State Extended Unemployment Compensation Act of 1970; and (2) the term week has the meaning given such term under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970. (d) Regulations The Secretary of Labor may prescribe any operating instructions or regulations necessary to carry out this section. E Emergency Paid Sick Leave Act 5101. Short title This Act may be cited as the Emergency Paid Sick Leave Act . 5102. Paid sick time requirement (a) In general An employer shall provide to each employee employed by the employer paid sick time to the extent that the employee is unable to work (or telework) due to a need for leave because: (1) The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID–19. (2) The employee has been advised by a health care provider to self-quarantine due to concerns 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. (6) The employee is experiencing any other substantially 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 employee 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). (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 subsection (a) shall be available for immediate use by the employee for the purposes described in such subsection, regardless of how long the employee has been employed by an employer. (2) Sequencing (A) In general An employee may first use the paid sick time under subsection (a) for the purposes described in such subsection. (B) Prohibition An employer may not require an employee to use other paid leave provided by the employer to the employee before the employee uses the paid sick time under subsection (a). 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. (b) Model notice Not later than 7 days after the date of enactment of this Act, the Secretary of Labor shall make publicly available a model of a notice that meets the requirements of subsection (a). 5104. Prohibited acts It shall be unlawful for any employer to discharge, discipline, or in any other manner discriminate against any employee who— (1) takes leave in accordance with this Act; and (2) has filed any complaint or instituted or caused to be instituted any proceeding under or 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. 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 Standards 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 respect to such violation. (b) Unlawful termination An employer who willfully violates section 5104 shall— (1) be considered to be in violation of section 15(a)(3) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a)(3) ); and (2) be subject to the penalties described in sections 16 and 17 of such Act ( 29 U.S.C. 216 ; 217) with respect to such violation. 5106. Employment under multi-employer bargaining agreements (a) Employers An employer signatory to a multiemployer collective bargaining agreement may, consistent with its bargaining obligations and its collective bargaining agreement, fulfill its obligations under this Act by making contributions to a multiemployer fund, plan, or program based on the hours of paid sick time each of its employees is entitled to under this Act while working under the multiemployer collective bargaining agreement, provided that the fund, plan, or program enables 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 multiemployer collective bargaining agreement into which their employers 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 bargaining agreement for the uses specified in section 5102(a). 5107. Rules of construction Nothing in this Act shall be construed— (1) to in any way diminish the rights or benefits that an employee is entitled to under any— (A) other Federal, State, or local law; (B) collective bargaining agreement; or (C) existing employer policy; or (2) to require financial or other reimbursement to an employee from an employer upon the employee’s termination, resignation, retirement, or other separation from employment for paid sick time under this Act that has not been used by such employee. 5108. Effective date This Act, and the requirements under this Act, shall take effect not later than 15 days after the date of enactment of this Act. 5109. Sunset This Act, and the requirements under this Act, shall expire on December 31, 2020. 5110. Definitions For purposes of the Act: (1) Employee The terms employee means an individual who is— (A) (i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ), who is not covered under subparagraph (E) or (F), including such an 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 Accountability 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 section 2101(1) of title 5, United States Code). (2) Employer (A) In general The term employer means a person who is— (i) (I) a covered employer, as defined in subparagraph (B), who is not covered under subclause (V); (II) an entity employing a State 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 Postal Regulatory Commission; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii). (B) Covered employer (i) In general In subparagraph (A)(i)(I), the term covered employer — (I) means any person engaged in commerce or in any industry or activity affecting commerce that— (aa) in the case of a private entity or individual, employs fewer than 500 employees; and (bb) in the case of a public agency or any other entity that is not a private entity or individual, employs 1 or more employees; (II) includes— (aa) includes any person acting directly or indirectly in the interest of an employer in relation to an employee (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 Standards Act of 1938 ( 29 U.S.C. 203(x) ); and (IV) includes the Government Accountability Office and the Library of Congress. (ii) Public agency For purposes of clause (i)(IV), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (iii) Definitions For purposes of this subparagraph: (I) Commerce The terms commerce 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 industry 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 employee has the same meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ). (III) Person The term 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 provider and son or daughter have the meanings given such terms in section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 ). (5) Paid sick time (A) In general The term paid sick time means an increment of compensated leave that— (i) is provided by an employer for use during an absence from employment for a reason described in any paragraph of 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 subparagraph (C)), except that in no event shall such paid sick time exceed— (I) $511 per day and $5,110 in the aggregate for a use described in paragraph (1), (2), or (3) of section 5102(a); and (II) $200 per day and $2,000 in the aggregate for a use described in paragraph (4), (5), or (6) of section 5102(a). (B) Required compensation (i) In General Subject to subparagraph (A)(ii), the employee’s required compensation under this subparagraph shall be not less than the greater of the following: (I) The employee’s regular rate of pay (as determined under section 7(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207(e) ). (II) The minimum wage rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ). (III) The minimum wage rate in effect for such employee in the applicable 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 calculation In the case of a part-time employee described 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 employee was scheduled per day over the 6-month period ending on the date on which the employee takes the paid sick time, including hours for which the 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. (D) Guidelines Not later than 15 days after the date of the enactment of this Act, the Secretary of Labor shall issue guidelines to assist employers 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 require the employee to follow reasonable notice procedures in order to continue receiving such paid sick time. 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 employer of such health care providers and emergency responders to opt out; (2) to exempt small businesses with fewer than 50 employees from the requirements of section 5102(a)(5) when the imposition of such requirements would jeopardize the viability of the business as a going concern; and (3) as necessary, to carry out the purposes of this Act, including to ensure consistency between this Act and Division C and Division G of the Families First Coronavirus Response Act. F Health Provisions 6001. Coverage of testing for COVID–19 (a) In general A group health plan and a health insurance 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 coinsurance) requirements or prior authorization or other medical management requirements, for the following items and services furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) beginning on or after the date of the enactment of this Act: (1) In vitro diagnostic products (as defined in section 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 administration 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 determining the need of such individual for such product. (b) Enforcement The provisions of subsection (a) shall be applied by the Secretary of Health and Human Services, Secretary of Labor, and Secretary of the 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 Income 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 otherwise. (d) Terms The terms group health plan ; health insurance issuer ; group health insurance coverage , and individual health insurance coverage have the meanings given such terms in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 ), section 733 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1191b ), and section 9832 of the Internal Revenue Code of 1986, as applicable. 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 specified COVID–19 testing-related service described in paragraph (1) of subsection (cc) for which payment may be made under a specified outpatient payment provision described in paragraph (2) of such subsection, the amounts paid shall be 100 percent of the payment amount otherwise recognized under such respective specified outpatient payment provision 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 testing-related service described in paragraph (1) of subsection (cc) for which payment may be made under a specified outpatient payment provision described in paragraph (2) of such subsection ; and (3) by adding at the end the following new subsection: (cc) Specified COVID–19 testing-Related services For purposes of subsection (a)(1)(DD): (1) Description (A) In general A specified COVID–19 testing-related service described in this paragraph is a medical visit that— (i) is in any of the categories of HCPCS evaluation and management service codes described 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 administration of a clinical diagnostic laboratory test described in section 1852(a)(1)(B)(iv)(IV); and (iv) relates to the furnishing or administration 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. (vii) Online digital evaluation and management services. (2) Specified outpatient payment provision A specified outpatient payment provision described in this paragraph is any of the following: (A) The hospital outpatient prospective payment system under subsection (t). (B) The physician fee schedule under section 1848. (C) The prospective payment system developed under section 1834(o). (D) Section 1834(g), with respect to an outpatient critical access hospital service. (E) The payment basis determined in regulations pursuant to section 1833(a)(3) for rural health clinic services. . (b) Claims modifier The Secretary of Health and Human Services shall provide for an appropriate modifier (or other identifier) to include on claims to 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. (c) Implementation Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the provisions of, including amendments made by, this section through program instruction or otherwise. 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 subclause (VI); and (B) by inserting after subclause (III) the following new subclauses: (IV) Clinical diagnostic laboratory test administered during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) beginning on or after the date of the enactment of the Families First Coronavirus Response Act for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19 and the administration of such test. (V) Specified COVID–19 testing-related services (as described in section 1833(cc)(1)) for which payment would be payable under a specified outpatient payment provision described in section 1833(cc)(2). ; (2) in clause (v), by inserting , other than subclauses (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 testing In the case of a product or service described in subclause (IV) or (V), respectively, of clause (iv) that is administered or furnished during any portion of the emergency period described in such subclause beginning on or after the date of the enactment of this clause, an MA plan may not impose any prior authorization or other utilization management requirements with respect to the coverage of such a product or service under such plan. . (b) Implementation Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by this section by program instruction or otherwise. 6004. Coverage at no cost sharing of COVID–19 testing 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 inserting (A) other laboratory ; (B) by inserting and after the semicolon; and (C) by adding at the end the following new subparagraph: (B) in vitro diagnostic products (as defined in section 809.3(a) of title 21, Code of Federal Regulations) administered during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) beginning on or after the date of the enactment of this subparagraph for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19 that are approved, cleared, or 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 (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 during any portion of the emergency period described in such section beginning on or after the date of the enactment of this subparagraph (and the administration of such product), 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 described in section 1905(a)(3)(B) that is administered during any portion of the emergency period described in such section beginning on or after the date of the enactment of this clause (and the administration of such product) and any visit described in section 1916(a)(2)(G) that is furnished during any such portion. . (C) Clarification The amendments made this paragraph shall apply with respect to a State plan of a territory in the same manner as a State plan of one of the 50 States. (3) State option to provide coverage for uninsured individuals (A) In general Section 1902(a)(10) of the Social Security Act ( 42 U.S.C. 1396a(a)(10) ) is amended— (i) in subparagraph (A)(ii)— (I) in subclause (XXI), by striking or at the end; (II) in subclause (XXII), by adding or at the end; and (III) by adding at the end the following new subclause: (XXIII) during any portion of the emergency period defined in paragraph (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 inserting , (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 eligible for medical assistance only because of subparagraph (A)(ii)(XXIII) shall be limited 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 described in such section beginning on or after the date of the enactment of this subclause (and the administration of such product) and any visit described in section 1916(a)(2)(G) that is furnished during any such portion . (B) Receipt and initial processing of applications 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 Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended by adding at the end the following new subsection: (ss) Uninsured individual defined For purposes of this section, the term uninsured individual means, notwithstanding any other provision of this title, any individual who is— (1) not described in subsection (a)(10)(A)(i); and (2) not enrolled in a Federal health care 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 percentage Section 1905(b) of the Social Security Act ( 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 centum with respect to (and, notwithstanding any other provision of this title, available for) medical assistance provided to uninsured individuals (as defined 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 expenditures described in section 1903(a)(7) that a State demonstrates to the satisfaction of the Secretary are attributable to administrative costs related to providing for such medical assistance to such individuals under the State plan. . (b) CHIP (1) In general Section 2103(c) of the Social Security 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 coverage of any in vitro diagnostic product described in section 1905(a)(3)(B) that is administered during any portion of the emergency period described in such section beginning on or after the date of the enactment of this subparagraph (and the administration of such product). . (2) Coverage for targeted low-income pregnant women Section 2112(b)(4) of the Social Security Act ( 42 U.S.C. 1397ll(b)(4) ) is amended by inserting under section 2103(c) after same requirements . (3) Prohibition of cost sharing Section 2103(e)(2) of the Social Security Act ( 42 U.S.C. 1397cc(e)(2) ) is amended— (A) in the paragraph header, by inserting , COVID–19 testing, before or pregnancy-related assistance ; and (B) by striking category of services described in subsection (c)(1)(D) or and inserting categories 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 . 6005. Treatment of personal respiratory protective 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; (2) in subparagraph (C), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (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 authorization issued by the Secretary on March 2, 2020, or subsequent emergency use authorizations, pursuant to section 564 of the Federal Food, Drug, and Cosmetic Act (authorizing emergency use of personal respiratory protective 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 emergency declared on January 31, 2020, pursuant to section 319 as a result of confirmed cases of 2019 Novel Coronavirus (2019-nCoV). . 6006. Application with respect to Tricare, coverage for veterans, and coverage for Federal civilians (a) Tricare The Secretary of Defense may not require any copayment or other cost sharing under chapter 55 of title 10, United States Code, for in vitro diagnostic products described in paragraph (1) of section 6001(a) (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) beginning on or after the date of the enactment of this Act. (b) Veterans The Secretary of Veterans Affairs may not require any copayment or other cost sharing under chapter 17 of title 38, United States Code, for in vitro diagnostic products described in paragraph (1) of section 6001(a) (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) beginning on or after the date of the enactment of this Act. (c) Federal civilians No copayment or other cost sharing may be required for any individual occupying a position in the civil service (as that term is defined in section 2101(1) of title 5, United States Code) enrolled in a health benefits plan, including any plan under chapter 89 of title 5, United States Code, or for any other individual currently enrolled in any plan under chapter 89 of title 5 for in vitro diagnostic products described in paragraph (1) of section 6001(a) (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) beginning on or after the date of the enactment of this Act. 6007. Coverage of testing for COVID–19 at no cost sharing for Indians receiving purchased/referred care The Secretary of Health and Human Services shall cover, without the imposition of any cost sharing requirements, the cost of providing any COVID–19 related items and services as described in paragraph (1) of section 6001(a) (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 320b–5(g) ) beginning on or after the date of the enactment of this Act to Indians (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )) receiving health services through the Indian Health Service, including through an Urban Indian Organization, regardless of whether such items or services have been authorized under the purchased/referred care system funded by the Indian Health Service or is covered as a health service of the Indian Health Service. 6008. Temporary increase of Medicaid FMAP (a) In general Subject to subsection (b), for each calendar quarter occurring during the period beginning on the first day of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) and ending on the last day of the calendar quarter in which the last day of such emergency period occurs, the Federal medical assistance percentage determined for each State, including the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands, under section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ) shall be increased by 6.2 percentage points. (b) Requirement for all States A State described in subsection (a) may not receive the increase described in such subsection in the Federal medical assistance percentage for such State, with respect to a quarter, if— (1) eligibility standards, methodologies, or procedures under the State plan of such State under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) (including any waiver under such title or section 1115 of such Act ( 42 U.S.C. 1315 )) are more restrictive during such quarter than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on January 1, 2020; (2) the amount of any premium imposed by the State pursuant to section 1916 or 1916A of such Act ( 42 U.S.C. 1396o , 1396o–1) during such quarter, with respect to an individual enrolled under such plan (or waiver), exceeds the amount of such premium as of January 1, 2020; (3) the State fails to provide that an individual who is enrolled for benefits under such plan (or waiver) as of the date of enactment of this section or enrolls for benefits under such plan (or waiver) during the period beginning on such date of enactment and ending the last day of the month in which the emergency period described in subsection (a) ends shall be treated as eligible for such benefits through the end of the month in which such emergency period ends unless the individual requests a voluntary termination of eligibility or the individual ceases to be a resident of the State; or (4) the State does not provide coverage under such plan (or waiver), without the imposition of cost sharing, during such quarter for any testing services and treatments for COVID–19, including vaccines, specialized equipment, and therapies. (c) Requirement for certain States Section 1905(cc) of the Social Security Act ( 42 U.S.C. 1396d(cc) ) is amended by striking the period at the end of the subsection and inserting and section 6008 of the Families First Coronavirus Response Act, except that in applying such treatments to the increases in the Federal medical assistance percentage under section 6008 of the Families First Coronavirus Response Act, the reference to December 31, 2009 shall be deemed to be a reference to March 11, 2020 . . 6009. Increase in Medicaid allotments for territories Section 1108(g) of the Social Security Act ( 42 U.S.C. 1308(g) ) is amended— (1) in paragraph (2)— (A) in subparagraph (B)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking for each of fiscal years 2020 through 2021, $126,000,000; and inserting for fiscal year 2020, $128,712,500; and ; and (iii) by adding at the end the following new clause: (iii) for fiscal year 2021, $127,937,500; ; (B) in subparagraph (C)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking for each of fiscal years 2020 through 2021, $127,000,000; and inserting for fiscal year 2020, $130,875,000; and ; and (iii) by adding at the end the following new clause: (iii) for fiscal year 2021, $129,712,500; ; (C) in subparagraph (D)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking for each of fiscal years 2020 through 2021, $60,000,000; and and inserting for fiscal year 2020, $63,100,000; and ; and (iii) by adding at the end the following new clause: (iii) for fiscal year 2021, $62,325,000; and ; and (D) in subparagraph (E)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking for each of fiscal years 2020 through 2021, $84,000,000. and inserting for fiscal year 2020, $86,325,000; and ; and (iii) by adding at the end the following new clause: (iii) for fiscal year 2021, $85,550,000. ; and (2) in paragraph (6)(A)— (A) in clause (i), by striking $2,623,188,000 and inserting $2,716,188,000 ; and (B) in clause (ii), by striking $2,719,072,000 and inserting $2,809,063,000 . 6010. Clarification relating to Secretarial authority regarding Medicare telehealth services furnished during COVID–19 emergency period Paragraph (3)(A) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) is amended to read as follows: (A) furnished to such individual, during the 3-year period ending on the date such telehealth service was furnished, an item or service that would be considered covered under title XVIII if furnished to an individual entitled to benefits or enrolled under such title; or . G Tax Credits for Paid Sick and Paid Family and Medical Leave 7001. Payroll Credit for Required Paid Sick Leave (a) In general In the case of an employer, there shall be allowed as a credit against the tax imposed by section 3111(a) or 3221(a) of the Internal Revenue Code of 1986 for each calendar quarter an amount equal to 100 percent of the qualified sick leave wages paid by such employer with respect to such calendar quarter. (b) Limitations and refundability (1) Wages taken into account The amount of qualified sick leave wages taken into account under subsection (a) with respect to any individual shall not exceed $200 ($511 in the case of any day any portion of which is paid sick time described in paragraph (1), (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave Act) for any day (or portion thereof) for which the individual is paid qualified sick leave wages. (2) Overall limitation on number of days taken into account The aggregate number of days taken into account under paragraph (1) for any calendar quarter shall not exceed the excess (if any) of— (A) 10, over (B) the aggregate number of days so taken into account for all preceding calendar quarters. (3) Credit limited to certain employment taxes The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the tax imposed by section 3111(a) or 3221(a) of such Code for such calendar quarter (reduced by any credits allowed under subsections (e) and (f) of section 3111 of such Code for such quarter) on the wages paid with respect to the employment of all employees of the employer. (4) Refundability of excess credit (A) In general If the amount of the credit under subsection (a) exceeds the limitation of paragraph (3) for any calendar quarter, such excess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b) of such Code. (B) Treatment of payments For purposes of section 1324 of title 31, United States Code, any amounts due to an employer under this paragraph shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (c) Qualified sick leave wages For purposes of this section, the term qualified sick leave wages means wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) and compensation (as defined in section 3231(e) of the Internal Revenue Code) paid by an employer which are required to be paid by reason of the Emergency Paid Sick Leave Act . (d) Allowance of credit for certain health plan expenses (1) In general The amount of the credit allowed under subsection (a) shall be increased by so much of the employer’s qualified health plan expenses as are properly allocable to the qualified sick leave wages for which such credit is so allowed. (2) Qualified health plan expenses For purposes of this subsection, the term qualified health plan expenses means amounts paid or incurred by the employer to provide and maintain a group health plan (as defined in section 5000(b)(1) of the Internal Revenue Code of 1986), but only to the extent that such amounts are excluded from the gross income of employees by reason of section 106(a) of such Code. (3) Allocation rules For purposes of this section, qualified health plan expenses shall be allocated to qualified sick leave wages in such manner as the Secretary of the Treasury (or the Secretary’s delegate) may prescribe. Except as otherwise provided by the Secretary, such allocation shall be treated as properly made if made on the basis of being pro rata among covered employees and pro rata on the basis of periods of coverage (relative to the time periods of leave to which such wages relate). (e) Special rules (1) Denial of double benefit For purposes of chapter 1 of such Code, the gross income of the employer, for the taxable year which includes the last day of any calendar quarter with respect to which a credit is allowed under this section, shall be increased by the amount of such credit. Any wages taken into account in determining the credit allowed under this section shall not be taken into account for purposes of determining the credit allowed under section 45S of such Code. (2) Election not to have section apply This section shall not apply with respect to any employer for any calendar quarter if such employer elects (at such time and in such manner as the Secretary of the Treasury (or the Secretary’s delegate) may prescribe) not to have this section apply. (3) Certain terms Any term used in this section which is also used in chapter 21 of such Code shall have the same meaning as when used in such chapter. (4) Certain governmental employers This credit shall not apply to the Government of the United States, the government of any State or political subdivision thereof, or any agency or instrumentality of any of the foregoing. (f) Regulations The Secretary of the Treasury (or the Secretary’s delegate) shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including— (1) regulations or other guidance to prevent the avoidance of the purposes of the limitations under this section, (2) regulations or other guidance to minimize compliance and record-keeping burdens under this section, (3) regulations or other guidance providing for waiver of penalties for failure to deposit amounts in anticipation of the allowance of the credit allowed under this section, (4) regulations or other guidance for recapturing the benefit of credits determined under this section in cases where there is a subsequent adjustment to the credit determined under subsection (a), and (5) regulations or other guidance to ensure that the wages taken into account under this section conform with the paid sick time required to be provided under the Emergency Paid Sick Leave Act . (g) Application of section This section shall apply only to wages paid with respect to the period beginning on a date selected by the Secretary of the Treasury (or the Secretary’s delegate) which is during the 15-day period beginning on the date of the enactment of this Act, and ending on December 31, 2020. (h) Transfers to Federal Old-Age and Survivors Insurance Trust Fund There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 ) and the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231n–1(a) ) amounts equal to the reduction in revenues to the Treasury by reason of this section (without regard to this subsection). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund or Account had this section not been enacted. 7002. Credit for sick leave for certain self-employed individuals (a) Credit against self-Employment tax In the case of an eligible self-employed individual, there shall be allowed as a credit against the tax imposed by subtitle A of the Internal Revenue Code of 1986 for any taxable year an amount equal to the qualified sick leave equivalent amount with respect to the individual. (b) Eligible self-Employed individual For purposes of this section, the term eligible self-employed individual means an individual who— (1) regularly carries on any trade or business within the meaning of section 1402 of such Code, and (2) would be entitled to receive paid leave during the taxable year pursuant to the Emergency Paid Sick Leave Act if the individual were an employee of an employer (other than himself or herself). (c) Qualified sick leave equivalent amount For purposes of this section— (1) In general The term qualified sick leave equivalent amount means, with respect to any eligible self-employed individual, an amount equal to— (A) the number of days during the taxable year (but not more than the applicable number of days) that the individual is unable to perform services in any trade or business referred to in section 1402 of such Code for a reason with respect to which such individual would be entitled to receive sick leave as described in subsection (b), multiplied by (B) the lesser of— (i) $200 ($511 in the case of any day of paid sick time described in paragraph (1), (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave Act), or (ii) 67 percent (100 percent in the case of any day of paid sick time described in paragraph (1), (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave Act) of the average daily self-employment income of the individual for the taxable year. (2) Average daily self-employment income For purposes of this subsection, the term average daily self-employment income means an amount equal to— (A) the net earnings from self-employment of the individual for the taxable year, divided by (B) 260. (3) Applicable number of days For purposes of this subsection, the term applicable number of days means, with respect to any taxable year, the excess (if any) of 10 days over the number of days taken into account under paragraph (1)(A) in all preceding taxable years. (d) Special rules (1) Credit refundable (A) In general The credit determined under this section shall be treated as a credit allowed to the taxpayer under subpart C of part IV of subchapter A of chapter 1 of such Code. (B) Treatment of payments For purposes of section 1324 of title 31, United States Code, any refund due from the credit determined under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (2) Documentation No credit shall be allowed under this section unless the individual maintains such documentation as the Secretary of the Treasury (or the Secretary’s delegate) may prescribe to establish such individual as an eligible self-employed individual. (3) Denial of double benefit In the case of an individual who receives wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) or compensation (as defined in section 3231(e) of the Internal Revenue Code) paid by an employer which are required to be paid by reason of the Emergency Paid Sick Leave Act, the qualified sick leave equivalent amount otherwise determined under subsection (c) shall be reduced (but not below zero) to the extent that the sum of the amount described in such subsection and in section 7001(b)(1) exceeds $2,000 ($5,110 in the case of any day any portion of which is paid sick time described in paragraph (1), (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave Act). (4) Certain terms Any term used in this section which is also used in chapter 2 of the Internal Revenue Code of 1986 shall have the same meaning as when used in such chapter. (e) Application of section Only days occurring during the period beginning on a date selected by the Secretary of the Treasury (or the Secretary’s delegate) which is during the 15-day period beginning on the date of the enactment of this Act, and ending on December 31, 2020, may be taken into account under subsection (c)(1)(A). (f) Application of credit in certain possessions (1) Payments to possessions with mirror code tax systems The Secretary of the Treasury (or the Secretary’s delegate) shall pay to each possession of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the application of the provisions of this section. Such amounts shall be determined by the Secretary of the Treasury (or the Secretary’s delegate) based on information provided by the government of the respective possession. (2) Payments to other possessions The Secretary of the Treasury (or the Secretary’s delegate) shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury (or the Secretary’s delegate) as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the provisions of this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary of the Treasury (or the Secretary’s delegate), under which such possession will promptly distribute such payments to its residents. (3) Mirror code tax system For purposes of this section, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (4) Treatment of payments For purposes of section 1324 of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (g) Regulations The Secretary of the Treasury (or the Secretary’s delegate) shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including— (1) regulations or other guidance to effectuate the purposes of this Act, and (2) regulations or other guidance to minimize compliance and record-keeping burdens under this section. 7003. Payroll Credit for Required Paid Family Leave (a) In general In the case of an employer, there shall be allowed as a credit against the tax imposed by section 3111(a) or 3221(a) of the Internal Revenue Code of 1986 for each calendar quarter an amount equal to 100 percent of the qualified family leave wages paid by such employer with respect to such calendar quarter. (b) Limitations and refundability (1) Wages taken into account The amount of qualified family leave wages taken into account under subsection (a) with respect to any individual shall not exceed— (A) for any day (or portion thereof) for which the individual is paid qualified family leave wages, $200, and (B) in the aggregate with respect to all calendar quarters, $10,000. (2) Credit limited to certain employment taxes The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the tax imposed by section 3111(a) or 3221(a) of such Code for such calendar quarter (reduced by any credits allowed under subsections (e) and (f) of section 3111 of such Code, and section 7001 of this Act, for such quarter) on the wages paid with respect to the employment of all employees of the employer. (3) Refundability of excess credit If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b) of such Code. (c) Qualified family leave wages For purposes of this section, the term qualified family leave wages means wages (as defined in section 3121(a) of such Code) and compensation (as defined in section 3231(e) of the Internal Revenue Code) paid by an employer which are required to be paid by reason of the Emergency Family and Medical Leave Expansion Act (including the amendments made by such Act). (d) Allowance of credit for certain health plan expenses (1) In general The amount of the credit allowed under subsection (a) shall be increased by so much of the employer’s qualified health plan expenses as are properly allocable to the qualified family leave wages for which such credit is so allowed. (2) Qualified health plan expenses For purposes of this subsection, the term qualified health plan expenses means amounts paid or incurred by the employer to provide and maintain a group health plan (as defined in section 5000(b)(1) of the Internal Revenue Code of 1986), but only to the extent that such amounts are excluded from the gross income of employees by reason of section 106(a) of such Code. (3) Allocation rules For purposes of this section, qualified health plan expenses shall be allocated to qualified family leave wages in such manner as the Secretary of the Treasury (or the Secretary’s delegate) may prescribe. Except as otherwise provided by the Secretary, such allocation shall be treated as properly made if made on the basis of being pro rata among covered employees and pro rata on the basis of periods of coverage (relative to the time periods of leave to which such wages relate). (e) Special rules (1) Denial of double benefit For purposes of chapter 1 of such Code, the gross income of the employer, for the taxable year which includes the last day of any calendar quarter with respect to which a credit is allowed under this section, shall be increased by the amount of such credit. Any wages taken into account in determining the credit allowed under this section shall not be taken into account for purposes of determining the credit allowed under section 45S of such Code. (2) Election not to have section apply This section shall not apply with respect to any employer for any calendar quarter if such employer elects (at such time and in such manner as the Secretary of the Treasury (or the Secretary’s delegate) may prescribe) not to have this section apply. (3) Certain terms Any term used in this section which is also used in chapter 21 of such Code shall have the same meaning as when used in such chapter. (4) Certain governmental employers This credit shall not apply to the Government of the United States, the government of any State or political subdivision thereof, or any agency or instrumentality of any of the foregoing. (f) Regulations The Secretary of the Treasury (or the Secretary’s delegate) shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including— (1) regulations or other guidance to prevent the avoidance of the purposes of the limitations under this section, (2) regulations or other guidance to minimize compliance and record-keeping burdens under this section, (3) regulations or other guidance providing for waiver of penalties for failure to deposit amounts in anticipation of the allowance of the credit allowed under this section, (4) regulations or other guidance for recapturing the benefit of credits determined under this section in cases where there is a subsequent adjustment to the credit determined under subsection (a), and (5) regulations or other guidance to ensure that the wages taken into account under this section conform with the paid leave required to be provided under the Emergency Family and Medical Leave Expansion Act (including the amendments made by such Act). (g) Application of section This section shall apply only to wages paid with respect to the period beginning on a date selected by the Secretary of the Treasury (or the Secretary’s delegate) which is during the 15-day period beginning on the date of the enactment of this Act, and ending on December 31, 2020. (h) Transfers to Federal Old-Age and Survivors Insurance Trust Fund There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 ) and the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231n–1(a) ) amounts equal to the reduction in revenues to the Treasury by reason of this section (without regard to this subsection). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund or Account had this section not been enacted. 7004. Credit for family leave for certain self-employed individuals (a) Credit against self-Employment tax In the case of an eligible self-employed individual, there shall be allowed as a credit against the tax imposed by subtitle A of the Internal Revenue Code of 1986 for any taxable year an amount equal to 100 percent of the qualified family leave equivalent amount with respect to the individual. (b) Eligible self-Employed individual For purposes of this section, the term eligible self-employed individual means an individual who— (1) regularly carries on any trade or business within the meaning of section 1402 of such Code, and (2) would be entitled to receive paid leave during the taxable year pursuant to the Emergency Family and Medical Leave Expansion Act if the individual were an employee of an employer (other than himself or herself). (c) Qualified family leave equivalent amount For purposes of this section— (1) In general The term qualified family leave equivalent amount means, with respect to any eligible self-employed individual, an amount equal to the product of— (A) the number of days (not to exceed 50) during the taxable year that the individual is unable to perform services in any trade or business referred to in section 1402 of such Code for a reason with respect to which such individual would be entitled to receive paid leave as described in subsection (b), multiplied by (B) the lesser of— (i) 67 percent of the average daily self-employment income of the individual for the taxable year, or (ii) $200. (2) Average daily self-employment income For purposes of this subsection, the term average daily self-employment income means an amount equal to— (A) the net earnings from self-employment income of the individual for the taxable year, divided by (B) 260. (d) Special rules (1) Credit refundable (A) In general The credit determined under this section shall be treated as a credit allowed to the taxpayer under subpart C of part IV of subchapter A of chapter 1 of such Code. (B) Treatment of payments For purposes of section 1324 of title 31, United States Code, any refund due from the credit determined under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (2) Documentation No credit shall be allowed under this section unless the individual maintains such documentation as the Secretary of the Treasury (or the Secretary’s delegate) may prescribe to establish such individual as an eligible self-employed individual. (3) Denial of double benefit In the case of an individual who receives wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) or compensation (as defined in section 3231(e) of the Internal Revenue Code) paid by an employer which are required to be paid by reason of the Emergency Family and Medical Leave Expansion Act, the qualified family leave equivalent amount otherwise described in subsection (c) shall be reduced (but not below zero) to the extent that the sum of the amount described in such subsection and in section 7003(b)(1) exceeds $10,000. (4) Certain terms Any term used in this section which is also used in chapter 2 of the Internal Revenue Code of 1986 shall have the same meaning as when used in such chapter. (5) References to Emergency Family and Medical Leave Expansion Act Any reference in this section to the Emergency Family and Medical Leave Expansion Act shall be treated as including a reference to the amendments made by such Act. (e) Application of section Only days occurring during the period beginning on a date selected by the Secretary of the Treasury (or the Secretary’s delegate) which is during the 15-day period beginning on the date of the enactment of this Act, and ending on December 31, 2020, may be taken into account under subsection (c)(1)(A). (f) Application of credit in certain possessions (1) Payments to possessions with mirror code tax systems The Secretary of the Treasury (or the Secretary’s delegate) shall pay to each possession of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the application of the provisions of this section. Such amounts shall be determined by the Secretary of the Treasury (or the Secretary’s delegate) based on information provided by the government of the respective possession. (2) Payments to other possessions The Secretary of the Treasury (or the Secretary’s delegate) shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury (or the Secretary’s delegate) as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the provisions of this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary of the Treasury (or the Secretary’s delegate), under which such possession will promptly distribute such payments to its residents. (3) Mirror code tax system For purposes of this section, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (4) Treatment of payments For purposes of section 1324 of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (e) Regulations The Secretary of the Treasury (or the Secretary’s delegate) shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including— (1) regulations or other guidance to prevent the avoidance of the purposes of this Act, and (2) regulations or other guidance to minimize compliance and record-keeping burdens under this section. 7005. Special Rule Related to Tax on Employers (a) In General Any wages required to be paid by reason of the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act shall not be considered wages for purposes of section 3111(a) of the Internal Revenue Code of 1986 or compensation for purposes of section 3221(a) of such Code. (b) Allowance of credit for hospital insurance taxes (1) In general The credit allowed by section 7001 and the credit allowed by section 7003 shall each be increased by the amount of the tax imposed by section 3111(b) of the Internal Revenue Code of 1986 on qualified sick leave wages, or qualified family leave wages, for which credit is allowed under such section 7001 or 7003 (respectively). (2) Denial of double benefit For denial of double benefit with respect to the credit increase under paragraph (1), see sections 7001(e)(1) and 7003(e)(1). (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 ) and the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231n–1(a) ) amounts equal to the reduction in revenues to the Treasury by reason of this section (without regard to this subsection). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund or Account had this section not been enacted. H Budgetary Effects 8001. Budgetary effects (a) Statutory PAYGO scorecards The budgetary effects of division B and each succeeding division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate PAYGO scorecards The budgetary effects of division B and each succeeding division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). (c) Classification of budgetary effects Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of division B and each succeeding division shall not be estimated— (1) for purposes of section 251 of such Act; and (2) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

tv_txt: I 116th CONGRESS 2d Session H. R. 6201 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 Appropriations , 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 jurisdiction of the committee concerned A BILL Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes.

1. Short title This Act may be cited as the Families First Coronavirus Response Act . 2. Table of Contents The table of contents is as follows: Division A—Second Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 Division B—Nutrition Waivers Division C—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 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 division. A Second Coronavirus Preparedness and Response Supplemental 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: 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 , $500,000,000, to remain available through September 30, 2021: 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. Commodity Assistance Program For an additional amount for the Commodity Assistance 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 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 to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. General Provisions—This Title 101. (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 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 Secretary 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 supplemental allotments 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 consecutive 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 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 administering 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 applicable under section 6(c) of such Act ( 7 U.S.C. 2015(c) ), and other administrative requirements otherwise applicable to State agencies 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 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 designation 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 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 requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 102. In addition to amounts otherwise made available, $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 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. II Department of Labor Employment and Training Administration Program Administration For an additional amount for Program Administration , $5,000,000, to remain available through September 30, 2022, to administer the emergency paid sick days program: 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 Services, $80,000,000 shall be for Congregate Nutrition Services, and $10,000,000 shall be for Nutrition Services for Native Americans: 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. III General Provisions—This Act 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 Representatives 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. 302. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 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. 304. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2020. 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. 306. Any amount appropriated by this Act, designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced 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. This division may be cited as the Second Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 . B Nutrition Waivers I Maintaining Essential Access to Lunch for Students Act 101. Short title This title may be cited as the Maintaining Essential Access to Lunch for Students Act or the MEALS Act . 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 qualified 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. (d) Qualified COVID–19 waiver In this section, 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 service 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 providing meals and meal supplements under such Acts during a school closure due to COVID–19. II COVID—19 Child Nutrition Response Act 201. Short title This title may be cited as the COVID–19 Child Nutrition Response Act . 202. National school lunch program requirement waivers addressing COVID–19 (a) Nationwide waiver (1) In general Notwithstanding any other provision of law, the Secretary may establish a waiver 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 section 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 subject 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 waiver Notwithstanding any other provision of law, the Secretary may grant a waiver under section 12(l) of the Richard 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 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 determined by the Secretary. (c) Meal pattern waiver Notwithstanding paragraph (4)(A) of section 12(l) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(l) ) the Secretary may grant a waiver under such section that relates to the nutritional content of meals served if the Secretary 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 respect 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, submit 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. (2) A description of whether such waiver resulted in improved services to children. (e) Sunset The authority of the Secretary to establish or grant a waiver under this section shall expire on September 30, 2020. (f) Definitions In this section: (1) Qualified program The term qualified program means the following: (A) The school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.). (B) The school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). (C) The child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ). (D) The summer food service program for children under section 13 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 ). (2) Secretary The term Secretary means the Secretary of Agriculture. (3) State The term State has the meaning given such term in section 12(d)(8) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(d)(8) ). III SNAP Waivers 301. SNAP Flexibility for low-Income jobless workers (a) Beginning with the first month that begins after the enactment of this Act and for each subsequent month through the end of the month subsequent to the month a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease 2019 (COVID–19) is lifted, eligibility for supplemental nutrition assistance program benefits shall not be limited under section 6(o)(2) of the Food and Nutrition Act of 2008 unless an individual does not comply with the requirements of a program offered by the State agency (as defined in section 3 of the Food and Nutrition Act of 2008) that meets the standards of subparagraphs (B) or (C) of such section 6(o)(2). (b) Beginning on the month subsequent to the month the public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of COVID–19 is lifted for purposes of section 6(o) of the Food and Nutrition Act of 2008, such State agency shall disregard any period during which an individual received benefits under the supplemental nutrition assistance program prior to such month. 302. Additional SNAP flexibilities in a public health emergency (a) In the event of a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease 2019 (COVID–19)and the issuance of an emergency or disaster declaration by a State based on an outbreak of COVID–19, the Secretary of Agriculture— (1) shall provide, at the request of a State agency (as defined in section 3 of the Food and Nutrition Act of 2008) that provides sufficient data supporting such request, as determined by the Secretary, for emergency allotments to households participating 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 requirements 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 availability of offices and personnel in State agencies, any conditions that make reliance on electronic benefit transfer systems described in section 7(h) of the Food and Nutrition Act of 2008 impracticable, any disruptions of transportation and communication facilities, 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 available on the website of the Department of Agriculture. (2) The Secretary of Agriculture shall post the information 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 described in subsection (a) is lifted, submit a report to the House and Senate Agriculture Committees with a description of the measures taken to address the food security needs of affected populations during the emergency, any information or data supporting State agency requests, any additional measures that States requested that were not approved, and recommendations for changes to the Secretary’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. C COVID–19 Health Care Worker Protection Act of 2020 1. Short title This Act may be cited as the COVID-19 Health Care Worker Protection Act of 2020 . 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 inadequately prepared to safely protect health care workers 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 insufficient infection control procedures involving SARS. (5) The Occupational Safety and Health Administration began rulemaking on a standard to protect health care workers from airborne and other infectious diseases in 2009. In 2017, the Trump Administration suspended work on this rulemaking, removing it from the active Regulatory Agenda. (6) The Centers for Disease Control and Prevention issued a document entitled, 2007 Guideline for Isolation Precautions: Preventing Transmission of Infectious Agents in Healthcare Settings in July, 2007. However, the guideline in such document is not binding. (7) Absent an enforceable standard, employers lack mandatory requirements to implement an effective and ongoing infection and exposure control program 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 outbreak of COVID–19 clearly satisfies these two conditions. (9) The Occupational Safety and Health Administration 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 Control and Prevention and the Occupational Safety and Health Administration from infection related to COVID–19. I Covid–19 Emergency Temporary Standard 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 Centers for Disease Control and Prevention or the Occupational Safety and Health Administration identifies as having elevated risk. (b) Permanent standard Upon publication of the emergency standard under subsection (a), the Secretary of Labor shall commence a proceeding to promulgate 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. (c) Requirements Each standard promulgated under this section shall— (1) require the employers of the employees described 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: Preventing 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 pathogens than precautions mandated by standards adopted by a State plan that has been approved by the Secretary of Labor under section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 ). II Amendments to the Social Security Act 201. Application of Covid–19 emergency temporary standard to certain facilities receiving medicare funds (a) In general Section 1866 of the Social Security 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 occupational 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 (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 subsection (a)(1)(Z) (relating to the standards promulgated 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 inserting (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 applicable, 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. D Emergency Paid Leave Act of 2020 101. Short title This division may be cited as the Emergency Paid Leave Act of 2020 . 102. Emergency paid leave benefits The Social Security Act is amended by inserting after title V the following: VI Emergency Paid Leave Benefits 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 diagnosis of COVID–19. (ii) The individual is under quarantine (including self-imposed quarantine), at the instruction of a health care provider, employer, or a local, State, or Federal official, in order to prevent the spread of COVID–19. (iii) The individual is engaged in caregiving for an individual who has a current 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-related closing of a school or other care facility or care program, for a child or other individual unable to provide self-care. (B) Limitation No calendar day may be treated as an emergency leave day with respect to an individual if the individual— (i) received any form of compensation 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 Commissioner means the Commissioner of Social Security. (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 Columbia 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 qualifying events described in section 102 of the Family and Medical Leave Act of 1993 or defined by a written employer policy or State law and which ends either when the qualifying event is no longer applicable or a set period of benefits is exhausted. (7) Unemployment compensation The term unemployment compensation means— (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 Emergency Assistance Act ( 42 U.S.C. 5177 ). (8) Wages The term wages has the meaning given such term in section 3121(a) of the Internal Revenue Code of 1986 for purposes of the taxes imposed by sections 3101(b) and 3111(b) of such Code. 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) for a 30-day period shall be an amount (not to exceed $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 emergency paid leave benefit to which an individual is entitled 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 purposes of this subsection, an individual’s average monthly earnings shall be equal to the quotient obtained by dividing— (A) the total of the wages and self-employment income received by the individual during 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 section, 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. (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 emergency 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 individual; (ii) that at least 14 emergency leave days with respect to the individual occurred, 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. (4) Penalties for fraud Any fraud or misrepresentation relating to an application for benefits under this title shall be treated as a violation of section 208. (f) Ineligibility based on fraud and criminal activity (1) Ineligibility following certain convictions 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 individual shall be ineligible for a benefit under this section 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 payment determinations (1) Burden of proof An application for benefits under this section shall be presumed to be true and accurate, unless the Commissioner demonstrates by a preponderance of the evidence that information contained in the application is false. (2) Review (A) In general An individual may request review of an adverse determination with respect to such application or of a benefit payment determination and shall have the same appeals 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 obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid 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 provisions The provisions of sections 204, 205, 206, and 208 shall apply to benefit payments made under this section 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 purposes 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. 603. Funding and expedited implementation authority (a) Funding There are appropriated such sums as necessary to the Commissioner of Social Security to administer 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 regarding paperwork reduction, system of records notices, contracting and acquisitions, and hiring. (c) Protection of existing employee rights This title does not preempt or supersede existing collective bargaining agreements. 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 Administration for the administration of titles II or XVI, may be used for any purpose under this title. 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 Internal Revenue Code of 1986. . 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 accordance with section 110. . (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: 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 follows: (A) Eligible employee In lieu of the definition in section 101(4)(A), the term eligible 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 section 101(6), the term health care provider includes 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. (2) Additional definitions In addition to the definitions described in paragraph (1), the following 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 emergency , with respect to leave, means that a public health emergency has been declared in a location that includes the employee’s work (including 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 recommendation 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 symptoms of coronavirus by the employee; and (II) the employee is unable to both perform the functions of the position 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 determination that the presence of the family member in the community would jeopardize the health of other individuals in the community 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 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 coronavirus declared by a Federal, State, or local authority. (C) Child care provider The term child care provider means a provider who receives 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. (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 employee. (vi) A grandparent or grandchild of the employee. (b) Leave taken intermittently or on a reduced 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 Paragraph (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, personal leave, or medical or sick leave for leave under section 102(a)(1)(F) in accordance with section 102(d)(2)(B). (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 paragraph (2). An employer may not require such documentation until not later than 3 weeks after the date on which the employee takes such leave. (2) Sufficient certification The following documentation shall be sufficient certification: (A) With respect to leave taken for the purposes described in clause (i) or (ii) of subsection (a)(2)(A)— (i) a recommendation or order from a health authority having jursidiction or a health care provider that the relevant individual 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 conditions described in paragraph (2) are met. (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 crisis 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 commenced, 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 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 section 102(a)(1)(F) commences. . E Emergency Unemployment Insurance Stabilization and Access Act of 2020 101. Short title This division may be cited as the Emergency Unemployment Insurance Stabilization and Access Act of 2020 . 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: (h) Emergency transfers in fiscal year 2020 for administration (1) (A) In addition to any other amounts, the Secretary 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 transfer 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 multiplying $1,000,000,000 by the same ratio as would apply under subsection (a)(2)(B) for purposes of determining such State’s share of any excess amount (as described 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 determined under subparagraph (B) with respect to a State— (i) not later than 30 days after the date of enactment of this subsection, 50 percent 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 (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: (A) The State requires employers to provide notification of the availability of unemployment compensation 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 application is received and is being processed, and in any case in which an application is unable to be processed, provides information about steps the applicant 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 unemployment 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 claimants, including waiving work search requirements and the waiting week, and directly or indirectly relieving benefit charges for claimants and employers directly impacted by COVID–19 due to an illness in the workplace or direction from a public health official to isolate or quarantine workers. (4) Any amount transferred to the account of a State under this subsection may be used by such State only for the administration of its unemployment compensation law, including by taking such steps as may be necessary to ensure adequate resources in periods of high demand. (5) Not later than 1 year after the date of enactment of the Emergency Unemployment Insurance Stabilization and Access Act of 2020 , each State receiving emergency administration grant funding under paragraph (1)(C)(i) shall submit to the Secretary of Labor, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate, a report that includes— (A) an analysis of the recipiency rate for unemployment compensation in the State as such rate has changed over time; (B) a description of steps the State intends to take to increase such recipiency rate. (6) (A) Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated) to the employment security administration account (as established by section 901 of the Social Security Act) such sums as the Secretary of Labor estimates to be necessary for purposes of making the transfers described in paragraph (1)(C). (B) There are appropriated from the general fund of the Treasury, without fiscal year limitation, the sums referred to in the preceding sentence and such sums shall not be required to be repaid. . (b) Emergency flexibility Notwithstanding any other law, if a State modifies its unemployment compensation law and policies (including with respect to work search, waiting week, good cause, and employer experience rating) on an emergency temporary basis as needed to respond to the spread of COVID–19, such modifications shall be disregarded for the purposes of applying section 303 of the Social Security Act and section 3304 of the Internal Revenue Code of 1986 to such State law. (c) Regulations The Secretary of Labor may prescribe any regulations, operating instructions, or other guidance necessary to carry out the amendment made by subsection (a). 103. Temporary assistance for States with advances Section 1202(b)(10)(A) of the Social Security Act ( 42 U.S.C. 1322(b)(10)(A) ) is amended by striking beginning on the date of enactment of this paragraph and ending on December 31, 2010 and inserting beginning on the date of enactment of the Emergency Unemployment Insurance Stabilization and Access Act of 2020 and ending on December 31, 2020 . 104. Technical assistance and guidance for short-time compensation programs The Secretary of Labor shall assist States in establishing, implementing, and improving the employer awareness of short-time compensation programs (as defined in section 3306(v) of the Internal Revenue Code of 1986) to help avert layoffs, including by providing technical assistance and guidance. 105. Full federal funding of extended unemployment compensation for a limited period (a) In general In the case of sharable extended compensation and sharable regular compensation paid for weeks of unemployment beginning after the date of the enactment of this section and before December 31, 2020 (and only with respect to States that receive emergency administration grant funding under clauses (i) and (ii) of section 903(h)(1)(C) of the Social Security Act ( 42 U.S.C. 1102(h)(1)(C) )), section 204(a)(1) of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note) shall be applied by substituting 100 percent of for one-half of . (b) Temporary federal matching for the first week of extended benefits for states with no waiting week With respect to weeks of unemployment beginning after the date of the enactment of this Act and ending on or before December 31, 2020, subparagraph (B) of section 204(a)(2) of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note) shall not apply. (c) Definitions For purposes of this section— (1) the terms sharable extended compensation and sharable regular compensation have the respective meanings given such terms under section 204 of the Federal-State Extended Unemployment Compensation Act of 1970; and (2) the term week has the meaning given such term under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970. (d) Regulations The Secretary of Labor may prescribe any operating instructions or regulations necessary to carry out this section. F Paid Sick Days for Public Health Emergencies and Personal and Family Care 101. Short title This division may be cited as the Paid Sick Days for Public Health Emergencies and Personal and Family Care Act . 102. Definitions In this Act: (1) Child The term child means a biological, foster, or adopted child, a stepchild, a child of a domestic partner, a legal ward, or a child of a person standing in loco parentis. (2) Domestic partner (A) In general The term domestic partner , with respect to an individual, means another individual with whom the individual is in a committed relationship. (B) Committed relationship defined The term committed relationship means a relationship between 2 individuals, each at least 18 years of age, in which each individual is the other individual’s sole domestic partner and both individuals share responsibility for a significant measure of each other’s common welfare. The term includes any such relationship between 2 individuals, including individuals of the same sex, that is granted legal recognition by a State or political subdivision of a State as a marriage or analogous relationship, including a civil union or domestic partnership. (3) Domestic violence The term domestic violence has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ), except that the reference in such section to the term jurisdiction receiving grant monies shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the employer involved is located. Such term also includes dating violence, as that term is defined in such section. (4) Employee The term employee means an individual who is— (A) (i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ), who is not covered under subparagraph (E), 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 Accountability 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; or (E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code. (5) Employer (A) In general The term employer means a person who is— (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 employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii). (B) Covered employer (i) In general In subparagraph (A)(i)(I), the term covered employer — (I) means any person engaged in commerce or in any industry or activity affecting commerce who employs 1 or more employees; (II) includes— (aa) any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and (bb) any successor in interest of an employer; (III) includes any public agency , as defined in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) ); and (IV) includes the Government Accountability Office and the Library of Congress. (ii) Public agency For purposes of clause (i)(IV), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (iii) Definitions For purposes of this subparagraph: (I) Commerce The terms commerce and industry or activity affecting commerce mean 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 industry affecting commerce , as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 ( 29 U.S.C. 142 (1) and (3)). (II) Employee The term employee has the same meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ). (III) Person The term 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) ). (C) Predecessors Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (6) Employment benefits The term employment benefits means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an employee benefit plan , as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(3) ). (7) Health care provider The term health care provider means a provider who— (A) (i) is a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; or (ii) is any other person determined by the Secretary to be capable of providing health care services; and (B) is not employed by an employer for whom the provider issues certification under this Act. (8) Paid sick time The term paid sick time means an increment of compensated leave that— (A) can be— (i) earned by an employee for use during an absence from employment for a reason described in any paragraph of section 3(b); or (ii) provided by an employer during a public health emergency for use during an absence from employment for a reason described in any paragraph of section 3(b); and (B) is compensated at a rate that is not less than the greatest of— (i) the employee’s regular rate of pay; (ii) the minimum wage rate provided for in section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ); or (iii) the minimum wage rate provided for in the applicable State or local law for the State or locality in which the employee is employed. (9) Parent The term parent means a biological, foster, or adoptive parent of an employee, a stepparent of an employee, parent-in-law, parent of a domestic partner, or a legal guardian or other person who stood in loco parentis to an employee when the employee was a child. (10) Public health emergency The term public health emergency means a public health emergency— (A) declared by the Secretary of Health and Human Services for a jurisdiction, or by a State public health official with authority to declare such an emergency for the State or jurisdiction within the State; and (B) due to a public health condition that is— (i) emergent and acute; and (ii) not a longstanding, chronic public health condition. (11) Secretary The term Secretary means the Secretary of Labor. (12) Sexual assault The term sexual assault has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). (13) Spouse The term spouse , with respect to an employee, has the meaning given such term by the marriage laws of the State in which the marriage was celebrated. (14) Stalking The term stalking has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). (15) State The term State has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (16) Victim services organization The term victim services organization means a nonprofit, nongovernmental organization that provides assistance to victims of domestic violence, sexual assault, or stalking or advocates for such victims, including a rape crisis center, an organization carrying out a domestic violence, sexual assault, or stalking prevention or treatment program, an organization operating a shelter or providing counseling services, or a legal services organization or other organization providing assistance through the legal process. 103. Paid sick time (a) Earning of paid sick time (1) In general (A) Earning Subject to subsection (c) and paragraph (2), an employer shall provide each employee employed by the employer not less than 1 hour of earned paid sick time for every 30 hours worked, to be used as described in subsection (b). (B) Limit An employer shall not be required to permit an employee to earn, under this subsection, more than 56 hours of paid sick time in a year, unless the employer chooses to set a higher limit. (2) Exempt employees (A) In general Except as provided in paragraph (3), for purposes of this subsection, an employee who is exempt from overtime requirements under section 13(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a)(1) ) shall be assumed to work 40 hours in each workweek. (B) Shorter normal workweek If the normal workweek of such an employee is less than 40 hours, the employee shall earn paid sick time under this subsection based upon that normal workweek. (3) Dates for beginning to earn paid sick time and use (A) In general Employees shall begin to earn paid sick time under this subsection at the commencement of their employment. An employee shall be entitled to use the earned paid sick time beginning on the 60th calendar day following commencement of the employee's employment. After that 60th calendar day, the employee may use the paid sick time as the time is earned. An employer may, at the discretion of the employer, loan paid sick time to an employee for use by such employee in advance of the employee earning such sick time as provided in this subsection and may permit use before the 60th day of employment. (B) Public health emergency Subparagraph (A) shall not apply with respect to additional paid sick time provided under subsection (c). In the event of a public health emergency, an employee may immediately use the additional or accrued paid sick time described in subsection (c), regardless of how long the employee has been employed by an employer. (4) Carryover (A) In general Except as provided in subparagraph (B), paid sick time earned under this subsection shall carry over from 1 year to the next. (B) Construction This subsection shall not be construed to require an employer to permit an employee to earn more than 56 hours of earned paid sick time at a given time. (5) Employers with existing policies Any employer with a paid leave policy who makes available an amount of paid leave that is sufficient to meet the requirements of this subsection and that may be used for the same purposes and under the same conditions as the purposes and conditions outlined in subsection (b) shall not be required to permit an employee to earn more paid sick time under this subsection. (6) Construction Nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee’s termination, resignation, retirement, or other separation from employment for earned paid sick time that has not been used. (7) Employment Under Multiemployer Bargaining Agreements (A) An employer signatory to a multiemployer collective bargaining agreement may fulfill its obligations under this Act by making contributions to a multiemployer fund, plan or program based on the hours each of its employees accrues pursuant to this subsection (a) 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 subsections (b)(1), (2), (6) and (7). (B) Employees who work under a multiemployer collective bargaining agreement into which their employers make contributions as provided in subparagraph (A) may secure pay from such fund, plan or program based on hours they have worked under the multiemployer collective bargaining agreement for the uses specified under subsections (b)(1), (2), (6) and (7). (8) Reinstatement If an employee is separated from employment with an employer and is rehired, within 12 months after that separation, by the same employer, the employer shall reinstate the employee’s previously earned paid sick time under this subsection. The employee shall be entitled to use the earned paid sick time and earn more paid sick time at the recommencement of employment with the employer. (9) 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. (10) Scheduling An employee shall make a reasonable effort to schedule a period of accrued paid sick time under this subsection in a manner that does not unduly disrupt the operations of the employer. (b) Uses Paid sick time under this section may be used by an employee for any of the following: (1) An absence resulting from a physical or mental illness, injury, or medical condition of the employee. (2) An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the employee. (3) An absence resulting from the closure of an employee’s place of employment by order of a Federal or State public official with jurisdiction, or at the employer’s discretion, due to a public health emergency. (4) An absence because a Federal or State public official with jurisdiction or a health care provider has determined that the employee’s presence in the community may jeopardize the health of others because of the employee’s exposure to a communicable disease during a public health emergency, regardless of whether the employee has actually contracted the communicable disease. (5) An absence for the purpose of caring for a child, a parent, a spouse, a domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship— (A) who is a child, if the child’s school or place of care has been closed by order of a Federal or State public official with jurisdiction or at the discretion of the school or place of care due to a public health emergency, including if a school or entity operating the place of care is physically closed but is providing education or care to the child remotely; or (B) because a Federal or State public official with jurisdiction or a health care provider has determined that the presence in the community of the person receiving care may jeopardize the health of others because of the person’s exposure to a communicable disease during a public health emergency, regardless of whether the person has actually contracted the communicable disease. (6) An absence for the purpose of caring for a child, a parent, a spouse, a domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship— (A) who has any of the conditions or needs for diagnosis or care described in paragraph (1) or (2); (B) who is a child, if the employee is required to attend a school meeting or a meeting at a place where the child is receiving care necessitated by the child’s health condition or disability; or (C) who is otherwise in need of care. (7) An absence resulting from domestic violence, sexual assault, or stalking, if the time is to— (A) seek medical attention for the employee or the employee’s child, parent, spouse, domestic partner, or an individual related to the employee as described in paragraph (6), to recover from physical or psychological injury or disability caused by domestic violence, sexual assault, or stalking; (B) obtain or assist a related person described in paragraph (6) in obtaining services from a victim services organization; (C) obtain or assist a related person described in paragraph (6) in obtaining psychological or other counseling; (D) seek relocation; or (E) take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence, sexual assault, or stalking. (c) Additional paid sick time for public health emergency (1) Additional paid sick time On the date of a declaration of a public health emergency, an employer in the jurisdiction involved shall provide each employee of the employer in that jurisdiction with additional paid sick time, in addition to any amount of paid sick time accrued by the employee under subsection (a) (including paid leave referred to in subsection (a)(4)). (2) Amount of paid sick time In receiving additional paid sick time under paragraph (1), the employee shall receive— (A) for a full-time salaried employee, a specified amount of paid sick time that is sufficient to provide the employee with 14 continuous days away from work without a reduction in pay; and (B) for a part-time or hourly employee, a specified amount of paid sick time equal to the number of hours that the employee was scheduled to work or, if not so scheduled, regularly works in a 14-day period. (3) Use of leave The additional sick time and accrued sick time described in this subsection shall be available for immediate use by the employee for the purposes described in any paragraph of subsection (b) beginning on the date a public health emergency is declared, regardless of how long the employee has been employed by an employer. (4) Sequencing During the public health emergency, an employee may first use the additional sick time for those purposes. The employee may then use the accrued sick time during the public health emergency, or retain the accrued sick time for use after the public health emergency. An employer may not require an employee to use the accrued sick time, or any other paid leave provided by the employer to the employee, before using the additional sick time. (5) Periods An employee may take the additional sick time on the schedule that meets the employee's needs, consistent with subsection (b), including taking the additional sick time intermittently or on a reduced leave schedule, and an employer may not require an employee to take the additional sick time in a single period or on any other schedule specified by the employer. (6) Reimbursement for wages (A) Definition In this paragraph, the term qualified employer means an employer who employs 50 or fewer employees. (B) Reimbursement A qualified employer of an employee who uses additional paid sick time under this subsection during a public health emergency shall be reimbursed by the Secretary of the Treasury for the wages paid to the employee for the period during which the employee used the additional paid sick time. (C) Process To be eligible to receive such reimbursement, the qualified employer shall submit to the Secretary of Labor an affidavit that attests that the employer provided such additional paid sick time, and related records showing the period of and wages associated with the additional paid sick time. On the Secretary's determination that the employer provided an amount of such additional paid sick time to an employee, the Secretary shall transmit the affidavit and records to the Secretary of the Treasury, and that Secretary shall provide timely reimbursement. (d) Procedures (1) In general Paid sick time shall be provided upon the oral or written request of an employee. Such request shall— (A) include the expected duration of the period of such time; (B) in a case in which the need for such period of time is foreseeable at least 7 days in advance of such period, be provided at least 7 days in advance of such period; and (C) otherwise, be provided as soon as practicable after the employee is aware of the need for such period. (2) Certification in general (A) Provision (i) In general Subject to subparagraphs (C) and (D), an employer may require that a request for paid sick time under this section for a purpose described in paragraph (1), (2), or (6) of subsection (b) be supported by a certification issued by the health care provider of the eligible employee or of an individual described in subsection (b)(6), as appropriate, if the period of such time covers more than 3 consecutive workdays. (ii) Timeliness The employee shall provide a copy of such certification to the employer in a timely manner, not later than 30 days after the first day of the period of time. The employer shall not delay the commencement of the period of time on the basis that the employer has not yet received the certification. (B) Sufficient certification (i) In general A certification provided under subparagraph (A) shall be sufficient if it states— (I) the date on which the period of time will be needed; (II) the probable duration of the period of time; (III) the appropriate medical facts within the knowledge of the health care provider regarding the condition involved, subject to clause (ii); and (IV) (aa) for purposes of paid sick time under subsection (b)(1), a statement that absence from work is medically necessary; (bb) for purposes of such time under subsection (b)(2), the dates on which testing for a medical diagnosis or care is expected to be given and the duration of such testing or care; and (cc) for purposes of such time under subsection (b)(6), in the case of time to care for someone who is not a child, a statement that care is needed for an individual described in such subsection, and an estimate of the amount of time that such care is needed for such individual. (ii) Limitation In issuing a certification under subparagraph (A), a health care provider shall make reasonable efforts to limit the medical facts described in clause (i)(III) that are disclosed in the certification to the minimum necessary to establish a need for the employee to utilize paid sick time. (C) Public health emergencies No certification or other documentation may be required under this Act by an employer during any public health emergency. (D) Regulations Regulations prescribed under section 12 shall specify the manner in which an employee who does not have health insurance shall provide a certification for purposes of this paragraph. (E) Confidentiality and nondisclosure (i) Protected health information Nothing in this Act shall be construed to require a health care provider to disclose information in violation of section 1177 of the Social Security Act ( 42 U.S.C. 1320d–6 ) or the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). (ii) Health information records If an employer possesses health information about an employee or an employee’s child, parent, spouse, domestic partner, or an individual related to the employee as described in subsection (b)(6), such information shall— (I) be maintained on a separate form and in a separate file from other personnel information; (II) be treated as a confidential medical record; and (III) not be disclosed except to the affected employee or with the permission of the affected employee. (3) Certification in the case of domestic violence, sexual assault, or stalking (A) In general An employer may require that a request for paid sick time under this section for a purpose described in subsection (b)(7) be supported by any one of the following forms of documentation, but the employer may not specify the particular form of documentation to be provided: (i) A police report indicating that the employee, or a member of the employee's family described in subsection (b)(7), was a victim of domestic violence, sexual assault, or stalking. (ii) A court order protecting or separating the employee or a member of the employee's family described in subsection (b)(7) from the perpetrator of an act of domestic violence, sexual assault, or stalking, or other evidence from the court or prosecuting attorney that the employee or a member of the employee's family described in subsection (b)(7) has appeared in court or is scheduled to appear in court in a proceeding related to domestic violence, sexual assault, or stalking. (iii) Other documentation signed by an employee or volunteer working for a victim services organization, an attorney, a police officer, a medical professional, a social worker, an antiviolence counselor, or a member of the clergy, affirming that the employee or a member of the employee's family described in subsection (b)(7) is a victim of domestic violence, sexual assault, or stalking. (B) Requirements The requirements of paragraph (2) shall apply to certifications under this paragraph, except that— (i) subclauses (III) and (IV) of subparagraph (B)(i) and subparagraph (B)(ii) of such paragraph shall not apply; (ii) the certification shall state the reason that the leave is required with the facts to be disclosed limited to the minimum necessary to establish a need for the employee to be absent from work, and the employee shall not be required to explain the details of the domestic violence, sexual assault, or stalking involved; and (iii) with respect to confidentiality under subparagraph (E) of such paragraph, any information provided to the employer under this paragraph shall be confidential, except to the extent that any disclosure of such information is— (I) requested or consented to in writing by the employee; or (II) otherwise required by applicable Federal or State law. 104. Notice requirement (a) In general Each employer shall notify each employee and include in any employee handbook the information described in paragraphs (1) through (4). Each employer shall post and keep posted a notice, to be prepared or approved in accordance with procedures specified in regulations prescribed under section 12, setting forth excerpts from, or summaries of, the pertinent provisions of this Act including— (1) information describing paid sick time available to employees under this Act; (2) information pertaining to the filing of an action under this Act; (3) the details of the notice requirement for a foreseeable period of time under section 5(e)(1)(B); and (4) information that describes— (A) the protections that an employee has in exercising rights under this Act; and (B) how the employee can contact the Secretary (or other appropriate authority as described in section 6) if any of the rights are violated. (b) Location The notice described under subsection (a) shall be posted— (1) in conspicuous places on the premises of the employer, where notices to employees (including applicants) are customarily posted; or (2) in employee handbooks. (c) Violation; penalty Any employer who willfully violates the posting requirements of this section shall be subject to a civil fine in an amount not to exceed $100 for each separate offense. 105. Prohibited acts (a) Interference with rights (1) Exercise of rights It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this Act, including— (A) discharging or discriminating against (including retaliating against) any individual, including a job applicant, for exercising, or attempting to exercise, any right provided under this Act; (B) using the taking of paid sick time under this Act as a negative factor in an employment action, such as hiring, promotion, reducing hours or number of shifts, or a disciplinary action; or (C) counting the paid sick time under a no-fault attendance policy or any other absence control policy. (2) Discrimination It shall be unlawful for any employer to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, for opposing any practice made unlawful by this Act. (b) Interference with proceedings or inquiries It shall be unlawful for any person to discharge or in any other manner discriminate against (including retaliating against) any individual, including a job applicant, because such individual— (1) has filed an action, or has instituted or caused to be instituted any proceeding, under or related to this Act; (2) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or (3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act. (c) Construction Nothing in this section shall be construed to state or imply that the scope of the activities prohibited by section 105 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2615 ) is less than the scope of the activities prohibited by this section. 106. Enforcement authority (a) In general (1) Definition In this subsection— (A) the term employee means an employee described in subparagraph (A) or (B) of section 2(4); and (B) the term employer means an employer described in subclause (I) or (II) of section 2(5)(A)(i). (2) Investigative authority (A) In general To ensure compliance with the provisions of this Act, or any regulation or order issued under this Act, the Secretary shall have, subject to subparagraph (C), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) ), with respect to employers, employees, and other individuals affected. (B) Obligation to keep and preserve records An employer shall make, keep, and preserve records pertaining to compliance with this Act in accordance with section 11(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(c) ) and in accordance with regulations prescribed by the Secretary. (C) Required submissions generally limited to an annual basis The Secretary shall not require, under the authority of this paragraph, an employer to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this Act or any regulation or order issued pursuant to this Act, or is investigating a charge pursuant to paragraph (4). (D) Subpoena authority For the purposes of any investigation provided for in this paragraph, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 ). (3) Civil action by employees or individuals (A) Right of action An action to recover the damages or equitable relief prescribed in subparagraph (B) may be maintained against any employer in any Federal or State court of competent jurisdiction by one or more employees or individuals or their representative for and on behalf of— (i) the employees or individuals; or (ii) the employees or individuals and others similarly situated. (B) Liability Any employer who violates section 5 (including a violation relating to rights provided under section 3) shall be liable to any employee or individual affected— (i) for damages equal to— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual monetary losses sustained as a direct result of the violation up to a sum equal to 56 hours of wages or salary for the employee or individual, or the specified period described in section 3(c)(3), or a combination of those hours and that period, as the case may be; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and (III) an additional amount as liquidated damages; and (ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (C) Fees and costs The court in an action under this paragraph shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Action by the Secretary (A) Administrative action The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 5 (including a violation relating to rights provided under section 3) in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 and 207). (B) Civil action The Secretary may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (3)(B)(i). (C) Sums recovered Any sums recovered by the Secretary pursuant to subparagraph (B) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee or individual affected. Any such sums not paid to an employee or individual affected because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts. (5) Limitation (A) In general Except as provided in subparagraph (B), an action may be brought under paragraph (3), (4), or (6) not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (B) Willful violation In the case of an action brought for a willful violation of section 5 (including a willful violation relating to rights provided under section 3), such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought. (C) Commencement In determining when an action is commenced under paragraph (3), (4), or (6) for the purposes of this paragraph, it shall be considered to be commenced on the date when the complaint is filed. (6) Action for injunction by Secretary The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary— (A) to restrain violations of section 5 (including a violation relating to rights provided under section 3), including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to employees or individuals eligible under this Act; or (B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (7) Solicitor of Labor The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under paragraph (4) or (6). (8) Government Accountability Office and Library of Congress Notwithstanding any other provision of this subsection, in the case of the Government Accountability Office and the Library of Congress, the authority of the Secretary of Labor under this subsection shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress. (b) Employees covered by Congressional Accountability Act of 1995 The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq.) to the Board (as defined in section 101 of that Act ( 2 U.S.C. 1301 )), or any person, alleging a violation of subsection (a)(1) of section 202 of that Act ( 2 U.S.C. 1312 ) shall be the powers, remedies, and procedures this Act provides to that Board, or any person, alleging an unlawful employment practice in violation of this Act against an employee described in section 2(4)(C). (c) Employees covered by chapter 5 of title 3 , United States Code The powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Merit Systems Protection Board, or any person, alleging a violation of section 412(a)(1) of that title, shall be the powers, remedies, and procedures this Act provides to the President, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 2(4)(D). (d) Employees covered by chapter 63 of title 5, United States Code The powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title shall be the powers, remedies, and procedures this Act provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 2(4)(E). (e) Remedies for State employees (1) Waiver of sovereign immunity A State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution or otherwise, to a suit brought by an employee of that program or activity under this Act for equitable, legal, or other relief authorized under this Act. (2) Official capacity An official of a State may be sued in the official capacity of the official by any employee who has complied with the procedures under subsection (a)(3), for injunctive relief that is authorized under this Act. In such a suit the court may award to the prevailing party those costs authorized by section 722 of the Revised Statutes ( 42 U.S.C. 1988 ). (3) Applicability With respect to a particular program or activity, paragraph (1) applies to conduct occurring on or after the day, after the date of enactment of this Act, on which a State first receives or uses Federal financial assistance for that program or activity. (4) Definition of program or activity In this subsection, the term program or activity has the meaning given the term in section 606 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–4a ). 107. Education and outreach The Secretary may conduct a public awareness campaign to educate and inform the public of the requirements for paid sick time required by this Act. 108. Collection of data on paid sick time and further study (a) Compilation of information The Commissioner of Labor Statistics shall annually compile information on the following: (1) The amount of paid sick time available to employees by occupation and type of employment establishment. (2) An estimate of the average sick time used by employees according to occupation and the type of employment establishment. (b) GAO study Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study to evaluate the implementation of this Act. Such study shall include an estimation of employees’ access to paid sick time, employees’ awareness of their rights under this Act, and employers’ experiences complying with this Act. Such study shall take into account access, awareness and experiences of employees by race, ethnicity, gender, and occupation. (c) Report Upon completion of the study required by subsection (b), the Comptroller General of the United States shall prepare and submit a report to the appropriate committees of Congress concerning the results of the study and the information compiled pursuant to subsection (a). 109. Effect on other laws (a) Federal and State antidiscrimination laws Nothing in this Act shall be construed to modify or affect any Federal or State law prohibiting discrimination on the basis of race, religion, color, national origin, sex, age, disability, sexual orientation, gender identity, marital status, familial status, or any other protected status. (b) State and local laws Nothing in this Act shall be construed to supersede (including preempting) any provision of any State or local law that provides greater paid sick time or leave rights (including greater amounts of paid sick time or leave, or greater coverage of those eligible for paid sick time or leave) than the rights established under this Act. 110. Effect on existing employment benefits (a) More protective Nothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid sick leave or other leave rights to employees or individuals than the rights established under this Act. (b) Less protective The rights established for employees under this Act shall not be diminished by any contract, collective bargaining agreement, or any employment benefit program or plan. 111. Encouragement of more generous leave policies Nothing in this Act shall be construed to discourage employers from adopting or retaining leave policies more generous than policies that comply with the requirements of this Act. 112. Regulations (a) In general (1) Authority Except as provided in paragraph (2) and subject to subsection (e), not later than 180 days after the date of enactment of this Act, the Secretary shall prescribe such regulations as are necessary to carry out this Act with respect to employees described in subparagraph (A) or (B) of section 2(4) and other individuals affected by employers described in subclause (I) or (II) of section 2(5)(A)(i). (2) Government Accountability Office; Library of Congress Subject to subsection (e), the Comptroller General of the United States and the Librarian of Congress shall prescribe the regulations with respect to employees of the Government Accountability Office and the Library of Congress, respectively, and other individuals affected by the Comptroller General of the United States and the Librarian of Congress, respectively. (b) Employees covered by Congressional Accountability Act of 1995 (1) Authority Subject to subsection (e), not later than 90 days after the Secretary prescribes regulations under subsection (a), the Board of Directors of the Office of Compliance shall prescribe (in accordance with section 304 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1384 )) such regulations as are necessary to carry out this Act with respect to employees described in section 2(4)(C) and other individuals affected by employers described in section 2(5)(A)(i)(III). (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this Act except insofar as the Board may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (c) Employees covered by chapter 5 of title 3 , United States Code (1) Authority Subject to subsection (e), not later than 90 days after the Secretary prescribes regulations under subsection (a), the President (or the designee of the President) shall prescribe such regulations as are necessary to carry out this Act with respect to employees described in section 2(4)(D) and other individuals affected by employers described in section 2(5)(A)(i)(IV). (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this Act except insofar as the President (or designee) may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (d) Employees covered by chapter 63 of title 5 , United States Code (1) Authority Subject to subsection (e), not later than 90 days after the Secretary prescribes regulations under subsection (a), the Director of the Office of Personnel Management shall prescribe such regulations as are necessary to carry out this Act with respect to employees described in section 2(4)(E) and other individuals affected by employers described in section 2(5)(A)(i)(V). (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this Act except insofar as the Director may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (e) Immediate compliance The rights and responsibilities specified in this Act shall take effect on the date of enactment of this Act and employers and other persons subject to those responsibilities shall comply immediately, without regard whether regulations have been prescribed under this section. 113. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2020 and each subsequent fiscal year. 114. Effective dates (a) In general This Act takes effect on the date of enactment of this Act. (b) Previous declarations If a public health emergency was declared before and remains in effect on the date of enactment of this Act, for purposes of this Act (and in particular section 3(c) of this Act) the public health emergency shall be considered to have been declared on the date of enactment of this Act. G Health Provisions 101. Coverage of testing for COVID–19 (a) In general A group health plan and a health insurance 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 coinsurance) requirements or prior authorization or other medical management requirements, for the following items and services furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) beginning on or after the date of the enactment of this Act: (1) In vitro diagnostic products (as defined in section 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 administration of such in vitro diagnostic products. (2) Health care provider office visits, urgent care center visits, and emergency room visits that result in an order for or administration of an in vitro diagnostic product described in paragraph (1). (b) Enforcement The provisions of subsection (a) shall be applied by the Secretary of Health and Human Services, Secretary of Labor, and Secretary of the 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 Income 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 otherwise. (d) Terms The terms group health plan ; health insurance issuer ; group health insurance coverage , and individual health insurance coverage have the meanings given such terms in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 ), section 733 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1191b ), and section 9832 of the Internal Revenue Code of 1986, as applicable. 102. Waiving cost sharing under the Medicare program for certain visits relating to testing for COVID–19 (a) In general Section 1833 of the Social 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 specified COVID–19 testing-related service described in paragraph (1) of subsection (cc) for which payment may be made under a specified outpatient payment provision described in paragraph (2) of such subsection, the amounts paid shall be 100 percent of the payment amount otherwise recognized under such respective specified outpatient payment provision 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 testing-related service described in paragraph (1) of subsection (cc) for which payment may be made under a specified outpatient payment provision described in paragraph (2) of such subsection ; and (3) by adding at the end the following new subsection: (cc) Specified COVID–19 testing-related services For purposes of subsection (a)(1)(DD): (1) Description (A) In general A specified COVID–19 testing-related service described in this paragraph is a medical visit that— (i) is in any of the categories of HCPCS evaluation and management service codes described 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 the date of the enactment of this subsection); and (iii) results in an order for or administration of a diagnostic test described in section 1852(a)(1)(B)(iv)(IV). (B) Categories of HCPCS codes For purposes of subparagraph (A), the categories of HCPCS evaluation and management services codes are the following: (i) Office and other outpatient services. (ii) Hospital observation services. (iii) Emergency department services. (iv) Nursing facility services. (v) Domiciliary, rest home, or custodial care services. (vi) Home services. (2) Specified outpatient payment provision A specified outpatient payment provision described in this paragraph is any of the following: (A) The hospital outpatient prospective payment system under subsection (t). (B) The physician fee schedule under section 1848. (C) The prospective payment system developed under section 1834(o). (D) Section 1834(g), with respect to an outpatient critical access hospital service. (E) The payment basis determined in regulations pursuant to section 1833(a)(3) for rural health clinic services. . (b) Claims modifier The Secretary of Health and Human Services shall provide for an appropriate modifier (or other identifier) to include on claims to 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. (c) Implementation Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the provisions of, including amendments made by, this section through program instruction or otherwise. 103. 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 subclause (VI); and (B) by inserting after subclause (III) the following new subclauses: (IV) Clinical diagnostic laboratory test administered during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) beginning on or after the date of the enactment of the Families First Coronavirus Response Act for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19 and the administration of such test. (V) Specified COVID–19 testing-related services (as described in section 1833(cc)(1)) for which payment would be payable under a specified outpatient payment provision described in section 1833(cc)(2). ; (2) in clause (v), by inserting , other than subclauses (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 testing In the case of a product or service described in subclause (IV) or (V), respectively, of clause (iv) that is administered or furnished during any portion of the emergency period described in such subclause beginning on or after the date of the enactment of this clause, an MA plan may not impose any prior authorization or other utilization management requirements with respect to the coverage of such a product or service under such plan. . (b) Implementation Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by this section by program instruction or otherwise. 104. Coverage at no cost sharing of COVID–19 testing 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 inserting (A) other laboratory ; (B) by inserting and after the semicolon; and (C) by adding at the end the following new subparagraph: (B) in vitro diagnostic products (as defined in section 809.3(a) of title 21, Code of Federal Regulations) administered during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) beginning on or after the date of the enactment of this subparagraph for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19 that are approved, cleared, or 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 (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 during any portion of the emergency period described in such section beginning on or after the date of the enactment of this subparagraph (and the administration of such product), or (G) any medical visit for which payment may be made under the State plan, that is furnished during any such portion of such emergency period, and that relates to testing for COVID–19; 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 described in section 1905(a)(3)(B) that is administered during any portion of the emergency period described in such section beginning on or after the date of the enactment of this clause (and the administration of such product) and any visit described in section 1916(a)(2)(G) that is furnished during any such portion. . (C) Clarification The amendments made this paragraph shall apply with respect to a State plan of a territory in the same manner as a State plan of one of the 50 States. (3) State option to provide coverage for uninsured individuals (A) In general Section 1902(a)(10) of the Social Security Act ( 42 U.S.C. 1396a(a)(10) ) is amended— (i) in subparagraph (A)(ii)— (I) in subclause (XXI), by striking or at the end; (II) in subclause (XXII), by adding or at the end; and (III) by adding at the end the following new subclause: (XXIII) during any portion of the emergency period defined in paragraph (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 inserting , (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 eligible for medical assistance only because of subparagraph (A)(ii)(XXIII) shall be limited 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 described in such section beginning on or after the date of the enactment of this subclause (and the administration of such product) and any visit described in section 1916(a)(2)(G) that is furnished during any such portion . (B) Receipt and initial processing of applications 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 Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended by adding at the end the following new subsection: (ss) Uninsured individual defined For purposes of this section, the term uninsured individual means, notwithstanding any other provision of this title, any individual who is— (1) not described in subsection (a)(10)(A)(i); and (2) not enrolled in a Federal health care 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 percentage Section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ) is amended by adding at the end the following new sentence: Notwithstanding the first sentence of this section, the Federal medical assistance percentage shall be 100 per centum with respect to (and, notwithstanding any other provision of this title, available for) medical assistance provided to uninsured individuals (as defined 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 expenditures described in section 1903(a)(7) that a State demonstrates to the satisfaction of the Secretary are attributable to administrative costs related to providing for such medical assistance to such individuals under the State plan. . (b) CHIP (1) In general Section 2103(c) of the Social Security Act ( 42 U.S.C. 1397cc(c) ) is amended by adding at the end the following paragraph: (9) Certain in vitro diagnostic products for COVID–19 testing The child health assistance provided to a targeted low-income child shall include coverage of any in vitro diagnostic product described in section 1905(a)(3)(B) that is administered during any portion of the emergency period described in such section beginning on or after the date of the enactment of this subparagraph (and the administration of such product). . (2) Coverage for targeted low-income pregnant women Section 2112(b)(4) of the Social Security Act ( 42 U.S.C. 1397ll(b)(4) ) is amended by inserting under section 2103(c) after same requirements . (3) Prohibition of cost sharing Section 2103(e)(2) of the Social Security Act ( 42 U.S.C. 1397cc(e)(2) ) is amended— (A) in the paragraph header, by inserting , COVID–19 testing, before or pregnancy-related assistance ; and (B) by striking category of services described in subsection (c)(1)(D) or and inserting categories of services described in subsection (c)(1)(D), in vitro diagnostic products described in subsection (c)(9) (and administration of such products), visits described in section 1916(a)(2)(G), or . 105. Laboratory reimbursement for diagnostic testing for COVID–19 in uninsured individuals (a) Reimbursement Through the National Disaster Medical System under section 2812 of the Public Health Service Act ( 42 U.S.C. 300hh–11 ), and in coordination with the Administrator of the Centers for Medicare & Medicaid Services, the Secretary of Health and Human Services shall, subject to the availability of appropriations under subsection (c), pay the claims of laboratories for reimbursement, as described in subsection (a)(3)(D) of such section 2812, for health services consisting of diagnostic testing to detect or diagnose COVID–19 in uninsured individuals. The amount that will be paid shall be equal to the amount that would have been paid to a physician or laboratory under Clinical Laboratory Fee Schedule under section 1833(h)(8) of the Social Security Act. (b) Definition In this section, the term uninsured individual 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)); or (2) a group health plan or health insurance coverage offered by a health insurance issuer in the group or individual market (as such terms are defined in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 )) or a health plan offered under chapter 89 of title 5, United States Code. (c) Funding To carry out this section, there is authorized to be appropriated, and there is hereby appropriated, out of amounts in the Treasury not otherwise obligated, $1,000,000,000, to remain available until expended. 106. Treatment of personal respiratory protective 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; and (2) in subparagraph (C), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (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 authorization issued by the Secretary on March 2, 2020, or subsequent emergency use authorizations, pursuant to section 564 of the Federal Food, Drug, and Cosmetic Act (authorizing emergency use of personal respiratory protective devices during the COVID–19 outbreak); and (iii) used during the period beginning on January 31, 2020, and ending on October 1, 2024, in response to the public health emergency declared on January 31, 2020, pursuant to section 319 as a result of confirmed cases of 2019 Novel Coronavirus (2019-nCoV). . 107. Application with respect to Tricare, coverage for veterans, and coverage for Federal civilians (a) Tricare The Secretary of Defense may not require any copayment or other cost sharing under chapter 55 of title 10, United States Code, for in vitro diagnostic products described in paragraph (1) of section 101(a) (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) beginning on or after the date of the enactment of this Act. (b) Veterans The Secretary of Veterans Affairs may not require any copayment or other cost sharing under chapter 17 of title 38, United States Code, for in vitro diagnostic products described in paragraph (1) of section 101(a) (or the adminsitration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) beginning on or after the date of the enactment of this Act. (c) Federal civilians No copayment or other cost sharing may be required for any individual occupying a position in the civil service (as that term is defined in section 2101(1) of title 5, United States Code) enrolled in a health benefits plan, including any plan under chapter 89 of title 5, United States Code, or for any other individual currently enrolled in any plan under chapter 89 of title 5 for diagnostic tests” after “including any plan under chapter 89 of title 5, United States Code), for in vitro diagnostic products described in paragraph (1) of section 101(a) (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) beginning on or after the date of the enactment of this Act. 108. Coverage of testing for COVID–19 at no cost sharing for Indians receiving contract health services The Secretary of Health and Human Services shall cover, without the imposition of any cost sharing requirements, the cost of providing any COVID-19 related items and services as described in paragraph (1) of section 101(a) (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 320b–5(g) ) beginning on or after the date of the enactment of this Act to Indians (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )) receiving health services through the Indian Health Service, regardless of whether such items or services have been authorized under the contract health services system funded by the Indian Health Service or is covered as a health service of the Indian Health Service. 109. Temporary increase of Medicaid FMAP (a) In general Subject to subsection (b), for each calendar quarter occurring during the period beginning on the first day of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) and ending on the last day of the calendar quarter in which the last day of such emergency period occurs, the Federal medical assistance percentage determined for each State, including the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands, under section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ) shall be increased by 8 percentage points. (b) Requirement for all States A State described in subsection (a) may not receive the increase described in such subsection in the Federal medical assistance percentage for such State, with respect to a quarter, if— (1) eligibility standards, methodologies, or procedures under the State plan of such State under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) (including any waiver under such title or section 1115 of such Act ( 42 U.S.C. 1315 )) are more restrictive during such quarter than the eligibility standards methodologies, or procedures, respectively, under such plan (or waiver) as in effect on January 1, 2020; (2) the amount of any premium imposed by the State pursuant to section 1916 or 1916A of such Act ( 42 U.S.C. 1396o , 1396o–1) during such quarter, with respect to an individual enrolled under such plan (or waiver), exceeds the amount of such premium as of January 1, 2020; (3) the State terminates or denies the enrollment of any individual under such plan (or waiver) during such quarter for a reason other than a failure to satisfy financial, categorical, and State residency requirements (as applicable) under such plan (or waiver); (4) the State does not provide coverage under such plan (or waiver), without the imposition of cost sharing, during such quarter for any testing services and treatments for COVID–19, including vaccines, specialized equipment, and therapies; or (5) the State conducts during such quarter periodic income checks, including automated income checks, or eligibility redeterminations under such plan (or waiver) at a rate more frequent than once every 12 months. (c) Requirement for certain States Section 1905(cc) of the Social Security Act ( 42 U.S.C. 1396d(cc) ) is amended by striking American Recovery and Reinvestment Act of 2009. and inserting and section 109 of the Families First Coronavirus Response Act, except that in applying such treatments to the increases in the Federal medical assistance percentage under section 109 of the Families First Coronavirus Response Act, the reference to December 31, 2009 shall be deemed to be a reference to March 11, 2020 . . 110. Increase in Medicaid allotments for territories Section 1108(g) of the Social Security Act ( 42 U.S.C. 1308(g) ) is amended— (1) in paragraph (2)— (A) in subparagraph (B)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking for each of fiscal years 2020 through 2021, $126,000,000; and inserting for fiscal year 2020, $129,500,000; and ; and (iii) by adding at the end the following new clause: (iii) for fiscal year 2021, $128,500,000; ; (B) in subparagraph (C)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking for each of fiscal years 2020 through 2021, $127,000,000; and inserting for fiscal year 2020, $132,000,000; and ; and (iii) by adding at the end the following new clause: (iii) for fiscal year 2021, $130,500,000; ; (C) in subparagraph (D)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking for each of fiscal years 2020 through 2021, $60,000,000; and and inserting for fiscal year 2020, $64,000,000; and ; and (iii) by adding at the end the following new clause: (iii) for fiscal year 2021, $63,000,000; and ; and (D) in subparagraph (E)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking for each of fiscal years 2020 through 2021, $84,000,000. and inserting for fiscal year 2020, $87,000,000; and ; and (iii) by adding at the end the following new clause: (iii) for fiscal year 2021, $86,000,000. ; and (2) in paragraph (6)(A)— (A) in clause (i), by striking $2,623,188,000 and inserting $2,743,188,000 ; and (B) in clause (ii), by striking $2,719,072,000 and inserting $2,804,072,000 . H Budgetary Effects 101. Budgetary effects (a) Statutory PAYGO scorecards The budgetary effects of division B and each succeeding division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate PAYGO scorecards The budgetary effects of division B and each succeeding division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). (c) Classification of budgetary effects Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of division B and each succeeding division shall not be estimated— (1) for purposes of section 251 of such Act; and (2) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.

tv_txt: II 116th CONGRESS 2d Session H. R. 6201 IN THE SENATE OF THE UNITED STATES March 17, 2020 Received AN ACT Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes.

1. Short title This Act may be cited as the Families First Coronavirus Response Act . 2. Table of Contents The table of contents is as follows: Division A—Second Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 Division B—Nutrition Waivers Division C—Emergency Family and Medical Leave Expansion Act Division D—Emergency Unemployment Insurance Stabilization and Access Act of 2020 Division E—Emergency Paid Sick Leave Act Division F—Health Provisions Division G—Tax Credits for Paid Sick and Paid Family and Medical Leave Division H—Budgetary Effects 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 division. A Second Coronavirus Preparedness and Response Supplemental 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: 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 , $500,000,000, to remain available through September 30, 2021: 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. Commodity Assistance Program For an additional amount for the Commodity Assistance 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 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 to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. General Provisions—This Title 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 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 Secretary 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 supplemental allotments 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 consecutive 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 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 administering 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 applicable under section 6(c) of such Act ( 7 U.S.C. 2015(c) ), and other administrative requirements otherwise applicable to State agencies 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 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 designation means the declaration 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 ). (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 requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 1102. In addition to amounts otherwise made available, $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 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. II Department of Defense Defense Health Program For an additional amount for Defense Health Program , $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 Response Act (or the administration of such products): 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. 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 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. 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 division F of the Families First Coronavirus Response Act (or the administration of such products): Provided , That such amounts shall be allocated at the discretion of the Director of the Indian Health Service: 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. 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 Americans: Provided , That State matching requirements under sections 304(d)(1)(D) and 309(b)(2) of the OAA shall not apply to funds made available under this heading in this Act: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Office of the Secretary public health and social services emergency fund For an additional amount for Public Health and Social Services Emergency Fund , $1,000,000,000, to remain available until expended, for activities authorized under section 2812 of the Public Health Service Act ( 42 U.S.C. 300hh–11 ), in coordination with the Assistant Secretary for Preparedness and Response and the Administrator of the Centers for Medicare & 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 Families 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 eligible for medical assistance only because of subsection (a)(10)(A)(ii)(XXIII) of Section 1902 of the Social Security Act; or (2) a group health plan or health insurance coverage offered by a health insurance issuer in the group or individual market (as such terms are defined in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg-91 )), or a health plan offered under chapter 89 of title 5, United States Code: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 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 emergency 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 Response Act (or the administration of such products): 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. VII General Provisions—This Act 1701. Not later than 30 days after the date of enactment of this Act, the head of each executive agency that receives funding in this Act shall provide a report detailing the anticipated uses of all such funding to the Committees on Appropriations of the House of Representatives 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. 1702. States and local governments receiving funds or assistance pursuant to this division shall ensure the respective State Emergency Operations Center receives regular and real-time reporting on aggregated data on testing and results from State and local public health departments, as determined by the Director of the Centers for Disease Control and Prevention, and that such data is transmitted to the Centers for Disease Control and Prevention. 1703. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 1704. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 1705. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2020. 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 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. 1707. Any amount appropriated by this Act, designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced 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. This division may be cited as the Second Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 . B Nutrition Waivers I Maintaining Essential Access to Lunch for Students Act 2101. Short title This title may be cited as the Maintaining Essential Access to Lunch for Students Act or the MEALS Act . 2102. Waiver exception for school closures due to COVID–19 (a) In general The requirements under section 12(l)(1)(A)(iii) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(l)(1)(A)(iii) ) shall not apply to a qualified COVID–19 waiver. (b) Allowable increase in Federal costs Notwithstanding paragraph (4) of section 12(l) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(l) ), the Secretary of Agriculture may grant a qualified 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. (d) Qualified COVID–19 waiver In this section, 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 service 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 providing meals and meal supplements under such Acts during a school closure due to COVID–19. II COVID—19 Child Nutrition Response Act 2201. Short title This title may be cited as the COVID–19 Child Nutrition Response Act . 2202. National school lunch program requirement waivers addressing COVID–19 (a) Nationwide waiver (1) In general Notwithstanding any other provision of law, the Secretary may establish a waiver 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 section 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 subject 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 waiver Notwithstanding any other provision of law, the Secretary may grant a waiver under section 12(l) of the Richard 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 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 determined by the Secretary. (c) Meal pattern waiver Notwithstanding paragraph (4)(A) of section 12(l) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(l) ) the Secretary may grant a waiver under such section that relates to the nutritional content of meals served if the Secretary 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 respect 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, submit 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. (2) A description of whether such waiver resulted in improved services to children. (e) Sunset The authority of the Secretary to establish or grant a waiver under this section shall expire on September 30, 2020. (f) Definitions In this section: (1) Qualified program The term qualified program means the following: (A) The school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.). (B) The school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). (C) The child and adult care food program under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ). (D) The summer food service program for children under section 13 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 ). (2) Secretary The term Secretary means the Secretary of Agriculture. (3) State The term State has the meaning given such term in section 12(d)(8) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(d)(8) ). 2203. Physical presence waiver under WIC during certain public health emergencies (a) Waiver authority (1) In general Notwithstanding any other provision of law, the Secretary may grant a request described in paragraph (2) to— (A) waive the requirement under section 17(d)(3)(C)(i) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(C)(i) ); and (B) defer anthropometric and bloodwork requirements necessary to determine nutritional risk. (2) Request A request described in this paragraph is a request made to the Secretary by a State agency to waive, on behalf of the local agencies served by such State agency, the requirements described in paragraph (1) during any portion of the emergency period (as defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b-5(g) ) (beginning on or after the date of the enactment of this section). (b) Reports (1) Local agency reports Each local agency that uses a waiver pursuant to subsection (a) shall, not later than 1 year after the date such local agency uses such waiver, submit a report to the State agency serving such local agency that includes the following: (A) A summary of the use of such waiver by the local agency. (B) A description of whether such waiver resulted in improved services to women, infants, and children. (2) State agency reports Each State agency that receives a waiver under subsection (a) shall, not later than 18 months after the date such State agency received such waiver, submit a report to the Secretary that includes the following: (A) A summary of the reports received by the State agency under paragraph (1). (B) A description of whether such waiver resulted in improved services to women, infants, and children. (c) Sunset The authority under this section shall expire on September 30, 2020. (d) Definitions In this section: (1) Local agency The term local agency has the meaning given the term in section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) ). (2) Nutritional risk The term nutritional risk has the meaning given the term in section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) ). (3) Secretary The term Secretary means the Secretary of Agriculture. (4) State agency The term State agency has the meaning given the term in section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) ). 2204. Administrative requirements waiver under WIC (a) Waiver authority (1) In general Notwithstanding any other provision of law, the Secretary of Agriculture may, if requested by a State agency (as defined in section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) ), modify or waive any qualified administrative requirement with respect to such State agency. (2) Qualified administrative requirement In this section, the term qualified administrative requirement means a regulatory requirement issued under section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) that the Secretary of Agriculture determines— (A) cannot be met by a State agency due to COVID–19; and (B) the modification or waiver of which is necessary to provide assistance under such section. (b) State agency reports Each State agency that receives a waiver under subsection (a)(1) shall, not later than 1 year after the date such State agency received such waiver, submit a report to the Secretary of Agriculture that includes the following: (1) A summary of the use of such waiver by the State agency. (2) A description of whether such waiver resulted in improved services to women, infants, and children. (c) Sunset The authority under this section shall expire on September 30, 2020. III SNAP Waivers 2301. SNAP flexibility for low-income jobless workers (a) Beginning with the first month that begins after the enactment of this Act and for each subsequent month through the end of the month subsequent to the month a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease 2019 (COVID–19) is lifted, eligibility for supplemental nutrition assistance program benefits shall not be limited under section 6(o)(2) of the Food and Nutrition Act of 2008 unless an individual does not comply with the requirements of a program offered by the State agency (as defined in section 3 of the Food and Nutrition Act of 2008) that meets the standards of subparagraphs (B) or (C) of such section 6(o)(2). (b) Beginning on the month subsequent to the month the public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of COVID–19 is lifted for purposes of section 6(o) of the Food and Nutrition Act of 2008, such State agency shall disregard any period during which an individual received benefits under the supplemental nutrition assistance program prior to such month. 2302. Additional SNAP flexibilities in a public health emergency (a) In the event of a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act based on an outbreak of coronavirus disease 2019 (COVID–19) and the issuance of an emergency or disaster declaration by a State based on an outbreak of COVID–19, the Secretary of Agriculture— (1) shall provide, at the request of a State agency (as defined in section 3 of the Food and Nutrition Act of 2008) that provides sufficient data (as determined by the Secretary through guidance) supporting such request, for emergency allotments to households participating 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 by guidance in consultation with one or more State agencies, issuance methods and application and reporting requirements 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 availability of offices and personnel in State agencies, any conditions that make reliance on electronic benefit transfer systems described in section 7(h) of the Food and Nutrition Act of 2008 impracticable, any disruptions of transportation and communication facilities, and any health considerations that warrant alternative approaches.) (b) Not later than 10 days after the date of the receipt or issuance of each document listed in paragraphs (1), (2), or (3) of this subsection, the Secretary of Agriculture shall make publicly available on the website of the Department the following documents: (1) Any request submitted by State agencies under subsection (a). (2) The Secretary’s approval or denial of each such request. (3) Any guidance issued under subsection (a)(2). (c) The Secretary of Agriculture shall, within 18 months after the public health emergency declaration described in subsection (a) is lifted, submit a report to the House and Senate Agriculture Committees with a description of the measures taken to address the food security needs of affected populations during the emergency, any information or data supporting State agency requests, any additional measures that States requested that were not approved, and recommendations for changes to the Secretary’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. C Emergency Family and Medical Leave Expansion Act 3101. Short title This Act may be cited as Emergency Family and Medical Leave Expansion Act . 3102. Amendments to the Family and Medical Leave Act of 1993 (a) Public health emergency leave (1) In general Section 102(a)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a)(1) ) is amended by adding at the end the following: (F) During the period beginning on the date the Emergency Family and Medical Leave Expansion Act takes effect, and ending on December 31, 2020, because of a qualifying need related to a public 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) 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: 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 follows: (A) Eligible employee In lieu of the definition in sections 101(2)(A) and 101(2)(B)(ii), the term eligible employee means an employee who has been employed for at least 30 calendar days by the employer with respect to whom leave is requested under 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 calendar workweeks in the current or preceding calendar year . (2) Additional definitions In addition to the definitions described in paragraph (1), the following 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 emergency , with respect 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 compensation for providing child care services on a regular basis, including an eligible child care provider (as defined in section 658P of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858n )). (D) School The term school means an elementary school or secondary school as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Regulatory Authorities The 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 eligible employee under section 110(a)(1)(A); and (B) to exempt small businesses with fewer than 50 employees from the requirements of section 102(a)(1)(F) when the imposition of such requirements would jeopardize the viability of the business as a going concern. (b) Relationship to paid leave (1) Unpaid leave for initial 10 days (A) In general The first 10 days for which an employee takes leave under section 102(a)(1)(F) may consist of unpaid leave. (B) Employee election An employee may elect to substitute any accrued vacation leave, personal leave, or medical or sick leave for unpaid leave under section 102(a)(1)(F) in accordance with section 102(d)(2)(B). (2) Paid leave for subsequent days (A) In general An employer shall provide paid leave for each day of leave under section 102(a)(1)(F) that an employee takes after taking leave under such section for 10 days. (B) Calculation (i) In general Subject to clause (ii), paid leave under subparagraph (A) for an employee shall be calculated based on— (I) an amount that is not less than two-thirds of an employee’s 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 employee would otherwise be normally scheduled to work (or the number of hours calculated under subparagraph (C)). (ii) Clarification In no event shall such paid leave exceed $200 per day and $10,000 in the aggregate. (C) Varying schedule hours calculation In the case of an employee whose schedule varies from week to week to such an extent that an employer is unable to determine with certainty the number of hours the 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 employee was scheduled per day over the 6-month period ending on the date on which the employee 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 subsection (a)(2)(A)(iii) is foreseeable, an employee shall provide the employer with such notice of leave as is practicable. (d) Restoration to position (1) In general Section 104(a)(1) shall not apply with respect to an employee of an employer who employs fewer than 25 employees if the conditions described in paragraph (2) are met. (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 emergency 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 commenced, 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 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 section 102(a)(1)(F) commences. . 3103. Employment under multi-employer bargaining agreements (a) Employers An employer signatory to a multiemployer collective bargaining agreement may, consistent with its bargaining obligations and its collective bargaining agreement, fulfill its obligations under section 110(b)(2) of title I of the Family and Medical Leave Act of 1993, as added by the Families First Coronavirus Response Act, by making contributions to a multiemployer fund, plan, or program based on the paid leave each of its employees is entitled to under such section while 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 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 multiemployer collective bargaining agreement into which their employers 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 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. 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). 3105. Special Rule for Health Care Providers and Emergency Responders 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 the provisions in the amendments made under of section 3102 of this Act. 3106. Effective Date This Act shall take effect not later than 15 days after the date of enactment of this Act. D Emergency Unemployment Insurance Stabilization and Access Act of 2020 4101. Short title This division may be cited as the Emergency Unemployment Insurance Stabilization and Access Act of 2020 . 4102. Emergency transfers for unemployment compensation administration (a) In general Section 903 of the Social Security Act ( 42 U.S.C. 1103 ) is amended by adding at the end the following: (h) Emergency transfers in fiscal year 2020 for administration (1) (A) In addition to any other amounts, the Secretary of Labor shall provide for the making of emergency administration grants in fiscal year 2020 to the accounts of the States in the Unemployment Trust Fund, in 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 multiplying $1,000,000,000 by the same ratio as would apply under subsection (a)(2)(B) for purposes of determining such State’s share of any excess amount (as described 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 determined under subparagraph (B) with respect to a State— (i) not later than 60 days after the date of enactment of this subsection, 50 percent 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 (2); and (ii) only with respect to a State in which the number of unemployment compensation claims has increased by at least 10 percent over the same quarter in the previous calendar year, the remainder shall be transferred to the account of such State upon a certification by the Secretary of Labor to the Secretary of the Treasury that the State meets the requirements of paragraph (3). (2) The requirements of this paragraph with respect to a State are the following: (A) The State requires employers to provide notification of the availability of unemployment compensation to employees at the time of separation from employment. Such notification may be based on model notification 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 application is received and is being processed, and in any case in which an application is unable to be processed, provides information about steps the applicant 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 unemployment 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 claimants, including waiving work search requirements and the waiting week, and non-charging employers directly impacted by COVID–19 due to an illness in the workplace or direction from a public health official to isolate or quarantine workers. (4) Any amount transferred to the account of a State under this subsection may be used by such State only for the administration of its unemployment compensation law, including by taking such steps as may be necessary to ensure adequate resources in periods of high demand. (5) Not later than 1 year after the date of enactment of the Emergency Unemployment Insurance Stabilization and Access Act of 2020 , each State receiving emergency administration grant funding under paragraph (1)(C)(i) shall submit to the Secretary of Labor, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate, a report that includes— (A) an analysis of the recipiency rate for unemployment compensation in the State as such rate has changed over time; (B) a description of steps the State intends to take to increase such recipiency rate. (6) (A) Notwithstanding any other provision of law, the Secretary of the Treasury shall transfer from the general fund of the Treasury (from funds not otherwise appropriated) to the employment security administration account (as established by section 901 of the Social Security Act) such sums as the Secretary of Labor estimates to be necessary for purposes of making the transfers described in paragraph (1)(C). (B) There are appropriated from the general fund of the Treasury, without fiscal year limitation, the sums referred to in the preceding sentence and such sums shall not be required to be repaid. . (b) Emergency flexibility Notwithstanding any other law, if a State modifies its unemployment compensation law and policies with respect to work search, waiting week, good cause, or employer experience rating on an emergency temporary basis as needed to respond to the spread of COVID–19, such modifications shall be disregarded for the purposes of applying section 303 of the Social Security Act and section 3304 of the Internal Revenue Code of 1986 to such State law. (c) Regulations The Secretary of Labor may prescribe any regulations, operating instructions, or other guidance necessary to carry out the amendment made by subsection (a). 4103. Temporary assistance for States with advances Section 1202(b)(10)(A) of the Social Security Act ( 42 U.S.C. 1322(b)(10)(A) ) is amended by striking beginning on the date of enactment of this paragraph and ending on December 31, 2010 and inserting beginning on the date of enactment of the Emergency Unemployment Insurance Stabilization and Access Act of 2020 and ending on December 31, 2020 . 4104. Technical assistance and guidance for short-time compensation programs The Secretary of Labor shall assist States in establishing, implementing, and improving the employer awareness of short-time compensation programs (as defined in section 3306(v) of the Internal Revenue Code of 1986) to help avert layoffs, including by providing technical assistance and guidance. 4105. Full federal funding of extended unemployment compensation for a limited period (a) In general In the case of sharable extended compensation and sharable regular compensation paid for weeks of unemployment beginning after the date of the enactment of this section and before December 31, 2020 (and only with respect to States that receive emergency administration grant funding under clauses (i) and (ii) of section 903(h)(1)(C) of the Social Security Act ( 42 U.S.C. 1102(h)(1)(C) )), section 204(a)(1) of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note) shall be applied by substituting 100 percent of for one-half of . (b) Temporary federal matching for the first week of extended benefits for states with no waiting week With respect to weeks of unemployment beginning after the date of the enactment of this Act and ending on or before December 31, 2020, subparagraph (B) of section 204(a)(2) of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note) shall not apply. (c) Definitions For purposes of this section— (1) the terms sharable extended compensation and sharable regular compensation have the respective meanings given such terms under section 204 of the Federal-State Extended Unemployment Compensation Act of 1970; and (2) the term week has the meaning given such term under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970. (d) Regulations The Secretary of Labor may prescribe any operating instructions or regulations necessary to carry out this section. E Emergency Paid Sick Leave Act 5101. Short title This Act may be cited as the Emergency Paid Sick Leave Act . 5102. Paid sick time requirement (a) In general An employer shall provide to each employee employed by the employer paid sick time to the extent that the employee is unable to work (or telework) due to a need for leave because: (1) The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19. (2) The employee has been advised by a health care provider to self-quarantine due to concerns 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. (6) The employee is experiencing any other substantially 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 employee 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). (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 subsection (a) shall be available for immediate use by the employee for the purposes described in such subsection, regardless of how long the employee has been employed by an employer. (2) Sequencing (A) In general An employee may first use the paid sick time under subsection (a) for the purposes described in such subsection. (B) Prohibition An employer may not require an employee to use other paid leave provided by the employer to the employee before the employee uses the paid sick time under subsection (a). 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. (b) Model notice Not later than 7 days after the date of enactment of this Act, the Secretary of Labor shall make publicly available a model of a notice that meets the requirements of subsection (a). 5104. Prohibited acts It shall be unlawful for any employer to discharge, discipline, or in any other manner discriminate against any employee who— (1) takes leave in accordance with this Act; and (2) has filed any complaint or instituted or caused to be instituted any proceeding under or 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. 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 Standards 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 respect to such violation. (b) Unlawful termination An employer who willfully violates section 5104 shall— (1) be considered to be in violation of section 15(a)(3) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a)(3) ); and (2) be subject to the penalties described in sections 16 and 17 of such Act ( 29 U.S.C. 216 ; 217) with respect to such violation. 5106. Employment under multi-employer bargaining agreements (a) Employers An employer signatory to a multiemployer collective bargaining agreement may, consistent with its bargaining obligations and its collective bargaining agreement, fulfill its obligations under this Act by making contributions to a multiemployer fund, plan, or program based on the hours of paid sick time each of its employees is entitled to under this Act while working under the multiemployer collective bargaining agreement, provided that the fund, plan, or program enables 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 multiemployer collective bargaining agreement into which their employers 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 bargaining agreement for the uses specified in section 5102(a). 5107. Rules of construction Nothing in this Act shall be construed— (1) to in any way diminish the rights or benefits that an employee is entitled to under any— (A) other Federal, State, or local law; (B) collective bargaining agreement; or (C) existing employer policy; or (2) to require financial or other reimbursement to an employee from an employer upon the employee’s termination, resignation, retirement, or other separation from employment for paid sick time under this Act that has not been used by such employee. 5108. Effective date This Act, and the requirements under this Act, shall take effect not later than 15 days after the date of enactment of this Act. 5109. Sunset This Act, and the requirements under this Act, shall expire on December 31, 2020. 5110. Definitions For purposes of the Act: (1) Employee The terms employee means an individual who is— (A) (i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ), who is not covered under subparagraph (E) or (F), including such an 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 Accountability 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 section 2101(1) of title 5, United States Code). (2) Employer (A) In general The term employer means a person who is— (i) (I) a covered employer, as defined in subparagraph (B), who is not covered under subclause (V); (II) an entity employing a State 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 Postal Regulatory Commission; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii). (B) Covered employer (i) In general In subparagraph (A)(i)(I), the term covered employer — (I) means any person engaged in commerce or in any industry or activity affecting commerce that— (aa) in the case of a private entity or individual, employs fewer than 500 employees; and (bb) in the case of a public agency or any other entity that is not a private entity or individual, employs 1 or more employees; (II) includes— (aa) includes any person acting directly or indirectly in the interest of an employer in relation to an employee (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 Standards Act of 1938 ( 29 U.S.C. 203(x) ); and (IV) includes the Government Accountability Office and the Library of Congress. (ii) Public agency For purposes of clause (i)(IV), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (iii) Definitions For purposes of this subparagraph: (I) Commerce The terms commerce 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 industry 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 employee has the same meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ). (III) Person The term 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 provider and son or daughter have the meanings given such terms in section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 ). (5) Paid sick time (A) In general The term paid sick time means an increment of compensated leave that— (i) is provided by an employer for use during an absence from employment for a reason described in any paragraph of 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 subparagraph (C)), except that in no event shall such paid sick time exceed— (I) $511 per day and $5,110 in the aggregate for a use described in paragraph (1), (2), or (3) of section 5102(a); and (II) $200 per day and $2,000 in the aggregate for a use described in paragraph (4), (5), or (6) of section 5102(a). (B) Required compensation (i) In General Subject to subparagraph (A)(ii), the employee’s required compensation under this subparagraph shall be not less than the greater of the following: (I) The employee’s regular rate of pay (as determined under section 7(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207(e) ). (II) The minimum wage rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ). (III) The minimum wage rate in effect for such employee in the applicable 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 calculation In the case of a part-time employee described 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 employee was scheduled per day over the 6-month period ending on the date on which the employee takes the paid sick time, including hours for which the 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. (D) Guidelines Not later than 15 days after the date of the enactment of this Act, the Secretary of Labor shall issue guidelines to assist employers 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 require the employee to follow reasonable notice procedures in order to continue receiving such paid sick time. 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 employer of such health care providers and emergency responders to opt out; (2) to exempt small businesses with fewer than 50 employees from the requirements of section 5102(a)(5) when the imposition of such requirements would jeopardize the viability of the business as a going concern; and (3) as necessary, to carry out the purposes of this Act, including to ensure consistency between this Act and Division C and Division G of the Families First Coronavirus Response Act. F Health Provisions 6001. Coverage of testing for COVID–19 (a) In general A group health plan and a health insurance 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 coinsurance) requirements or prior authorization or other medical management requirements, for the following items and services furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) beginning on or after the date of the enactment of this Act: (1) In vitro diagnostic products (as defined in section 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 administration 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 determining the need of such individual for such product. (b) Enforcement The provisions of subsection (a) shall be applied by the Secretary of Health and Human Services, Secretary of Labor, and Secretary of the 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 Income 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 otherwise. (d) Terms The terms group health plan ; health insurance issuer ; group health insurance coverage , and individual health insurance coverage have the meanings given such terms in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 ), section 733 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1191b ), and section 9832 of the Internal Revenue Code of 1986, as applicable. 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 specified COVID–19 testing-related service described in paragraph (1) of subsection (cc) for which payment may be made under a specified outpatient payment provision described in paragraph (2) of such subsection, the amounts paid shall be 100 percent of the payment amount otherwise recognized under such respective specified outpatient payment provision 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 testing-related service described in paragraph (1) of subsection (cc) for which payment may be made under a specified outpatient payment provision described in paragraph (2) of such subsection ; and (3) by adding at the end the following new subsection: (cc) Specified COVID–19 testing-related services For purposes of subsection (a)(1)(DD): (1) Description (A) In general A specified COVID–19 testing-related service described in this paragraph is a medical visit that— (i) is in any of the categories of HCPCS evaluation and management service codes described 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 administration of a clinical diagnostic laboratory test described in section 1852(a)(1)(B)(iv)(IV); and (iv) relates to the furnishing or administration 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. (vii) Online digital evaluation and management services. (2) Specified outpatient payment provision A specified outpatient payment provision described in this paragraph is any of the following: (A) The hospital outpatient prospective payment system under subsection (t). (B) The physician fee schedule under section 1848. (C) The prospective payment system developed under section 1834(o). (D) Section 1834(g), with respect to an outpatient critical access hospital service. (E) The payment basis determined in regulations pursuant to section 1833(a)(3) for rural health clinic services. . (b) Claims modifier The Secretary of Health and Human Services shall provide for an appropriate modifier (or other identifier) to include on claims to 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. (c) Implementation Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the provisions of, including amendments made by, this section through program instruction or otherwise. 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 subclause (VI); and (B) by inserting after subclause (III) the following new subclauses: (IV) Clinical diagnostic laboratory test administered during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) beginning on or after the date of the enactment of the Families First Coronavirus Response Act for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19 and the administration of such test. (V) Specified COVID–19 testing-related services (as described in section 1833(cc)(1)) for which payment would be payable under a specified outpatient payment provision described in section 1833(cc)(2). ; (2) in clause (v), by inserting , other than subclauses (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 testing In the case of a product or service described in subclause (IV) or (V), respectively, of clause (iv) that is administered or furnished during any portion of the emergency period described in such subclause beginning on or after the date of the enactment of this clause, an MA plan may not impose any prior authorization or other utilization management requirements with respect to the coverage of such a product or service under such plan. . (b) Implementation Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by this section by program instruction or otherwise. 6004. Coverage at no cost sharing of COVID–19 testing 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 inserting (A) other laboratory ; (B) by inserting and after the semicolon; and (C) by adding at the end the following new subparagraph: (B) in vitro diagnostic products (as defined in section 809.3(a) of title 21, Code of Federal Regulations) administered during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) beginning on or after the date of the enactment of this subparagraph for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19 that are approved, cleared, or 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 (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 during any portion of the emergency period described in such section beginning on or after the date of the enactment of this subparagraph (and the administration of such product), 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 described in section 1905(a)(3)(B) that is administered during any portion of the emergency period described in such section beginning on or after the date of the enactment of this clause (and the administration of such product) and any visit described in section 1916(a)(2)(G) that is furnished during any such portion. . (C) Clarification The amendments made this paragraph shall apply with respect to a State plan of a territory in the same manner as a State plan of one of the 50 States. (3) State option to provide coverage for uninsured individuals (A) In general Section 1902(a)(10) of the Social Security Act ( 42 U.S.C. 1396a(a)(10) ) is amended— (i) in subparagraph (A)(ii)— (I) in subclause (XXI), by striking or at the end; (II) in subclause (XXII), by adding or at the end; and (III) by adding at the end the following new subclause: (XXIII) during any portion of the emergency period defined in paragraph (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 inserting , (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 eligible for medical assistance only because of subparagraph (A)(ii)(XXIII) shall be limited 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 described in such section beginning on or after the date of the enactment of this subclause (and the administration of such product) and any visit described in section 1916(a)(2)(G) that is furnished during any such portion . (B) Receipt and initial processing of applications 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 Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended by adding at the end the following new subsection: (ss) Uninsured individual defined For purposes of this section, the term uninsured individual means, notwithstanding any other provision of this title, any individual who is— (1) not described in subsection (a)(10)(A)(i); and (2) not enrolled in a Federal health care 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 percentage Section 1905(b) of the Social Security Act ( 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 centum with respect to (and, notwithstanding any other provision of this title, available for) medical assistance provided to uninsured individuals (as defined 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 expenditures described in section 1903(a)(7) that a State demonstrates to the satisfaction of the Secretary are attributable to administrative costs related to providing for such medical assistance to such individuals under the State plan. . (b) CHIP (1) In general Section 2103(c) of the Social Security 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 coverage of any in vitro diagnostic product described in section 1905(a)(3)(B) that is administered during any portion of the emergency period described in such section beginning on or after the date of the enactment of this subparagraph (and the administration of such product). . (2) Coverage for targeted low-income pregnant women Section 2112(b)(4) of the Social Security Act ( 42 U.S.C. 1397ll(b)(4) ) is amended by inserting under section 2103(c) after same requirements . (3) Prohibition of cost sharing Section 2103(e)(2) of the Social Security Act ( 42 U.S.C. 1397cc(e)(2) ) is amended— (A) in the paragraph header, by inserting , COVID–19 testing, before or pregnancy-related assistance ; and (B) by striking category of services described in subsection (c)(1)(D) or and inserting categories 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 . 6005. Treatment of personal respiratory protective 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; and (2) in subparagraph (C), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (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 authorization issued by the Secretary on March 2, 2020, or subsequent emergency use authorizations, pursuant to section 564 of the Federal Food, Drug, and Cosmetic Act (authorizing emergency use of personal respiratory protective 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 emergency declared on January 31, 2020, pursuant to section 319 as a result of confirmed cases of 2019 Novel Coronavirus (2019-nCoV). . 6006. Application with respect to Tricare, coverage for veterans, and coverage for Federal civilians (a) Tricare The Secretary of Defense may not require any copayment or other cost sharing under chapter 55 of title 10, United States Code, for in vitro diagnostic products described in paragraph (1) of section 6001(a) (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) beginning on or after the date of the enactment of this Act. (b) Veterans The Secretary of Veterans Affairs may not require any copayment or other cost sharing under chapter 17 of title 38, United States Code, for in vitro diagnostic products described in paragraph (1) of section 6001(a) (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) beginning on or after the date of the enactment of this Act. (c) Federal civilians No copayment or other cost sharing may be required for any individual occupying a position in the civil service (as that term is defined in section 2101(1) of title 5, United States Code) enrolled in a health benefits plan, including any plan under chapter 89 of title 5, United States Code, or for any other individual currently enrolled in any plan under chapter 89 of title 5 for in vitro diagnostic products described in paragraph (1) of section 6001(a) (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) beginning on or after the date of the enactment of this Act. 6007. Coverage of testing for COVID–19 at no cost sharing for Indians receiving purchased/referred care The Secretary of Health and Human Services shall cover, without the imposition of any cost sharing requirements, the cost of providing any COVID–19 related items and services as described in paragraph (1) of section 6001(a) (or the administration of such products) or visits described in paragraph (2) of such section furnished during any portion of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 320b–5(g) ) beginning on or after the date of the enactment of this Act to Indians (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )) receiving health services through the Indian Health Service, including through an Urban Indian Organization, regardless of whether such items or services have been authorized under the purchased/referred care system funded by the Indian Health Service or is covered as a health service of the Indian Health Service. 6008. Temporary increase of Medicaid FMAP (a) In general Subject to subsection (b), for each calendar quarter occurring during the period beginning on the first day of the emergency period defined in paragraph (1)(B) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) and ending on the last day of the calendar quarter in which the last day of such emergency period occurs, the Federal medical assistance percentage determined for each State, including the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands, under section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ) shall be increased by 6.2 percentage points. (b) Requirement for all States A State described in subsection (a) may not receive the increase described in such subsection in the Federal medical assistance percentage for such State, with respect to a quarter, if— (1) eligibility standards, methodologies, or procedures under the State plan of such State under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) (including any waiver under such title or section 1115 of such Act ( 42 U.S.C. 1315 )) are more restrictive during such quarter than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on January 1, 2020; (2) the amount of any premium imposed by the State pursuant to section 1916 or 1916A of such Act ( 42 U.S.C. 1396o , 1396o–1) during such quarter, with respect to an individual enrolled under such plan (or waiver), exceeds the amount of such premium as of January 1, 2020; (3) the State fails to provide that an individual who is enrolled for benefits under such plan (or waiver) as of the date of enactment of this section or enrolls for benefits under such plan (or waiver) during the period beginning on such date of enactment and ending the last day of the month in which the emergency period described in subsection (a) ends shall be treated as eligible for such benefits through the end of the month in which such emergency period ends unless the individual requests a voluntary termination of eligibility or the individual ceases to be a resident of the State; or (4) the State does not provide coverage under such plan (or waiver), without the imposition of cost sharing, during such quarter for any testing services and treatments for COVID–19, including vaccines, specialized equipment, and therapies. (c) Requirement for certain States Section 1905(cc) of the Social Security Act ( 42 U.S.C. 1396d(cc) ) is amended by striking the period at the end of the subsection and inserting and section 6008 of the Families First Coronavirus Response Act, except that in applying such treatments to the increases in the Federal medical assistance percentage under section 6008 of the Families First Coronavirus Response Act, the reference to December 31, 2009 shall be deemed to be a reference to March 11, 2020 . . 6009. Increase in Medicaid allotments for territories Section 1108(g) of the Social Security Act ( 42 U.S.C. 1308(g) ) is amended— (1) in paragraph (2)— (A) in subparagraph (B)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking for each of fiscal years 2020 through 2021, $126,000,000; and inserting for fiscal year 2020, $128,712,500; and ; and (iii) by adding at the end the following new clause: (iii) for fiscal year 2021, $127,937,500; ; (B) in subparagraph (C)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking for each of fiscal years 2020 through 2021, $127,000,000; and inserting for fiscal year 2020, $130,875,000; and ; and (iii) by adding at the end the following new clause: (iii) for fiscal year 2021, $129,712,500; ; (C) in subparagraph (D)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking for each of fiscal years 2020 through 2021, $60,000,000; and and inserting for fiscal year 2020, $63,100,000; and ; and (iii) by adding at the end the following new clause: (iii) for fiscal year 2021, $62,325,000; and ; and (D) in subparagraph (E)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking for each of fiscal years 2020 through 2021, $84,000,000. and inserting for fiscal year 2020, $86,325,000; and ; and (iii) by adding at the end the following new clause: (iii) for fiscal year 2021, $85,550,000. ; and (2) in paragraph (6)(A)— (A) in clause (i), by striking $2,623,188,000 and inserting $2,716,188,000 ; and (B) in clause (ii), by striking $2,719,072,000 and inserting $2,809,063,000 . 6010. Clarification relating to Secretarial authority regarding Medicare telehealth services furnished during COVID–19 emergency period Paragraph (3)(A) of section 1135(g) of the Social Security Act ( 42 U.S.C. 1320b–5(g) ) is amended to read as follows: (A) furnished to such individual, during the 3-year period ending on the date such telehealth service was furnished, an item or service that would be considered covered under title XVIII if furnished to an individual entitled to benefits or enrolled under such title; or . G Tax Credits for Paid Sick and Paid Family and Medical Leave 7001. Payroll Credit for Required Paid Sick Leave (a) In general In the case of an employer, there shall be allowed as a credit against the tax imposed by section 3111(a) or 3221(a) of the Internal Revenue Code of 1986 for each calendar quarter an amount equal to 100 percent of the qualified sick leave wages paid by such employer with respect to such calendar quarter. (b) Limitations and refundability (1) Wages taken into account The amount of qualified sick leave wages taken into account under subsection (a) with respect to any individual shall not exceed $200 ($511 in the case of any day any portion of which is paid sick time described in paragraph (1), (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave Act) for any day (or portion thereof) for which the individual is paid qualified sick leave wages. (2) Overall limitation on number of days taken into account The aggregate number of days taken into account under paragraph (1) for any calendar quarter shall not exceed the excess (if any) of— (A) 10, over (B) the aggregate number of days so taken into account for all preceding calendar quarters. (3) Credit limited to certain employment taxes The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the tax imposed by section 3111(a) or 3221(a) of such Code for such calendar quarter (reduced by any credits allowed under subsections (e) and (f) of section 3111 of such Code for such quarter) on the wages paid with respect to the employment of all employees of the employer. (4) Refundability of excess credit (A) In general If the amount of the credit under subsection (a) exceeds the limitation of paragraph (3) for any calendar quarter, such excess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b) of such Code. (B) Treatment of payments For purposes of section 1324 of title 31, United States Code, any amounts due to an employer under this paragraph shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (c) Qualified sick leave wages For purposes of this section, the term qualified sick leave wages means wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) and compensation (as defined in section 3231(e) of the Internal Revenue Code) paid by an employer which are required to be paid by reason of the Emergency Paid Sick Leave Act . (d) Allowance of credit for certain health plan expenses (1) In general The amount of the credit allowed under subsection (a) shall be increased by so much of the employer’s qualified health plan expenses as are properly allocable to the qualified sick leave wages for which such credit is so allowed. (2) Qualified health plan expenses For purposes of this subsection, the term qualified health plan expenses means amounts paid or incurred by the employer to provide and maintain a group health plan (as defined in section 5000(b)(1) of the Internal Revenue Code of 1986), but only to the extent that such amounts are excluded from the gross income of employees by reason of section 106(a) of such Code. (3) Allocation rules For purposes of this section, qualified health plan expenses shall be allocated to qualified sick leave wages in such manner as the Secretary of the Treasury (or the Secretary’s delegate) may prescribe. Except as otherwise provided by the Secretary, such allocation shall be treated as properly made if made on the basis of being pro rata among covered employees and pro rata on the basis of periods of coverage (relative to the time periods of leave to which such wages relate). (e) Special rules (1) Denial of double benefit For purposes of chapter 1 of such Code, the gross income of the employer, for the taxable year which includes the last day of any calendar quarter with respect to which a credit is allowed under this section, shall be increased by the amount of such credit. Any wages taken into account in determining the credit allowed under this section shall not be taken into account for purposes of determining the credit allowed under section 45S of such Code. (2) Election not to have section apply This section shall not apply with respect to any employer for any calendar quarter if such employer elects (at such time and in such manner as the Secretary of the Treasury (or the Secretary’s delegate) may prescribe) not to have this section apply. (3) Certain terms Any term used in this section which is also used in chapter 21 of such Code shall have the same meaning as when used in such chapter. (4) Certain governmental employers This credit shall not apply to the Government of the United States, the government of any State or political subdivision thereof, or any agency or instrumentality of any of the foregoing. (f) Regulations The Secretary of the Treasury (or the Secretary’s delegate) shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including— (1) regulations or other guidance to prevent the avoidance of the purposes of the limitations under this section, (2) regulations or other guidance to minimize compliance and record-keeping burdens under this section, (3) regulations or other guidance providing for waiver of penalties for failure to deposit amounts in anticipation of the allowance of the credit allowed under this section, (4) regulations or other guidance for recapturing the benefit of credits determined under this section in cases where there is a subsequent adjustment to the credit determined under subsection (a), and (5) regulations or other guidance to ensure that the wages taken into account under this section conform with the paid sick time required to be provided under the Emergency Paid Sick Leave Act . (g) Application of section This section shall apply only to wages paid with respect to the period beginning on a date selected by the Secretary of the Treasury (or the Secretary’s delegate) which is during the 15-day period beginning on the date of the enactment of this Act, and ending on December 31, 2020. (h) Transfers to Federal Old-Age and Survivors Insurance Trust Fund There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 ) and the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231n–1(a) ) amounts equal to the reduction in revenues to the Treasury by reason of this section (without regard to this subsection). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund or Account had this section not been enacted. 7002. Credit for sick leave for certain self-employed individuals (a) Credit against self-employment tax In the case of an eligible self-employed individual, there shall be allowed as a credit against the tax imposed by subtitle A of the Internal Revenue Code of 1986 for any taxable year an amount equal to the qualified sick leave equivalent amount with respect to the individual. (b) Eligible self-employed individual For purposes of this section, the term eligible self-employed individual means an individual who— (1) regularly carries on any trade or business within the meaning of section 1402 of such Code, and (2) would be entitled to receive paid leave during the taxable year pursuant to the Emergency Paid Sick Leave Act if the individual were an employee of an employer (other than himself or herself). (c) Qualified sick leave equivalent amount For purposes of this section— (1) In general The term qualified sick leave equivalent amount means, with respect to any eligible self-employed individual, an amount equal to— (A) the number of days during the taxable year (but not more than the applicable number of days) that the individual is unable to perform services in any trade or business referred to in section 1402 of such Code for a reason with respect to which such individual would be entitled to receive sick leave as described in subsection (b), multiplied by (B) the lesser of— (i) $200 ($511 in the case of any day of paid sick time described in paragraph (1), (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave Act), or (ii) 67 percent (100 percent in the case of any day of paid sick time described in paragraph (1), (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave Act) of the average daily self-employment income of the individual for the taxable year. (2) Average daily self-employment income For purposes of this subsection, the term average daily self-employment income means an amount equal to— (A) the net earnings from self-employment of the individual for the taxable year, divided by (B) 260. (3) Applicable number of days For purposes of this subsection, the term applicable number of days means, with respect to any taxable year, the excess (if any) of 10 days over the number of days taken into account under paragraph (1)(A) in all preceding taxable years. (d) Special rules (1) Credit refundable (A) In general The credit determined under this section shall be treated as a credit allowed to the taxpayer under subpart C of part IV of subchapter A of chapter 1 of such Code. (B) Treatment of payments For purposes of section 1324 of title 31, United States Code, any refund due from the credit determined under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (2) Documentation No credit shall be allowed under this section unless the individual maintains such documentation as the Secretary of the Treasury (or the Secretary’s delegate) may prescribe to establish such individual as an eligible self-employed individual. (3) Denial of double benefit In the case of an individual who receives wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) or compensation (as defined in section 3231(e) of the Internal Revenue Code) paid by an employer which are required to be paid by reason of the Emergency Paid Sick Leave Act, the qualified sick leave equivalent amount otherwise determined under subsection (c) shall be reduced (but not below zero) to the extent that the sum of the amount described in such subsection and in section 7001(b)(1) exceeds $2,000 ($5,110 in the case of any day any portion of which is paid sick time described in paragraph (1), (2), or (3) of section 5102(a) of the Emergency Paid Sick Leave Act). (4) Certain terms Any term used in this section which is also used in chapter 2 of the Internal Revenue Code of 1986 shall have the same meaning as when used in such chapter. (e) Application of section Only days occurring during the period beginning on a date selected by the Secretary of the Treasury (or the Secretary’s delegate) which is during the 15-day period beginning on the date of the enactment of this Act, and ending on December 31, 2020, may be taken into account under subsection (c)(1)(A). (f) Application of credit in certain possessions (1) Payments to possessions with mirror code tax systems The Secretary of the Treasury (or the Secretary’s delegate) shall pay to each possession of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the application of the provisions of this section. Such amounts shall be determined by the Secretary of the Treasury (or the Secretary’s delegate) based on information provided by the government of the respective possession. (2) Payments to other possessions The Secretary of the Treasury (or the Secretary’s delegate) shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury (or the Secretary’s delegate) as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the provisions of this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary of the Treasury (or the Secretary’s delegate), under which such possession will promptly distribute such payments to its residents. (3) Mirror code tax system For purposes of this section, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (4) Treatment of payments For purposes of section 1324 of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (g) Regulations The Secretary of the Treasury (or the Secretary’s delegate) shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including— (1) regulations or other guidance to effectuate the purposes of this Act, and (2) regulations or other guidance to minimize compliance and record-keeping burdens under this section. 7003. Payroll Credit for Required Paid Family Leave (a) In general In the case of an employer, there shall be allowed as a credit against the tax imposed by section 3111(a) or 3221(a) of the Internal Revenue Code of 1986 for each calendar quarter an amount equal to 100 percent of the qualified family leave wages paid by such employer with respect to such calendar quarter. (b) Limitations and refundability (1) Wages taken into account The amount of qualified family leave wages taken into account under subsection (a) with respect to any individual shall not exceed— (A) for any day (or portion thereof) for which the individual is paid qualified family leave wages, $200, and (B) in the aggregate with respect to all calendar quarters, $10,000. (2) Credit limited to certain employment taxes The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the tax imposed by section 3111(a) or 3221(a) of such Code for such calendar quarter (reduced by any credits allowed under subsections (e) and (f) of section 3111 of such Code, and section 7001 of this Act, for such quarter) on the wages paid with respect to the employment of all employees of the employer. (3) Refundability of excess credit If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b) of such Code. (c) Qualified family leave wages For purposes of this section, the term qualified family leave wages means wages (as defined in section 3121(a) of such Code) and compensation (as defined in section 3231(e) of the Internal Revenue Code) paid by an employer which are required to be paid by reason of the Emergency Family and Medical Leave Expansion Act (including the amendments made by such Act). (d) Allowance of credit for certain health plan expenses (1) In general The amount of the credit allowed under subsection (a) shall be increased by so much of the employer’s qualified health plan expenses as are properly allocable to the qualified family leave wages for which such credit is so allowed. (2) Qualified health plan expenses For purposes of this subsection, the term qualified health plan expenses means amounts paid or incurred by the employer to provide and maintain a group health plan (as defined in section 5000(b)(1) of the Internal Revenue Code of 1986), but only to the extent that such amounts are excluded from the gross income of employees by reason of section 106(a) of such Code. (3) Allocation rules For purposes of this section, qualified health plan expenses shall be allocated to qualified family leave wages in such manner as the Secretary of the Treasury (or the Secretary’s delegate) may prescribe. Except as otherwise provided by the Secretary, such allocation shall be treated as properly made if made on the basis of being pro rata among covered employees and pro rata on the basis of periods of coverage (relative to the time periods of leave to which such wages relate). (e) Special rules (1) Denial of double benefit For purposes of chapter 1 of such Code, the gross income of the employer, for the taxable year which includes the last day of any calendar quarter with respect to which a credit is allowed under this section, shall be increased by the amount of such credit. Any wages taken into account in determining the credit allowed under this section shall not be taken into account for purposes of determining the credit allowed under section 45S of such Code . (2) Election not to have section apply This section shall not apply with respect to any employer for any calendar quarter if such employer elects (at such time and in such manner as the Secretary of the Treasury (or the Secretary’s delegate) may prescribe) not to have this section apply. (3) Certain terms Any term used in this section which is also used in chapter 21 of such Code shall have the same meaning as when used in such chapter. (4) Certain governmental employers This credit shall not apply to the Government of the United States, the government of any State or political subdivision thereof, or any agency or instrumentality of any of the foregoing. (f) Regulations The Secretary of the Treasury (or the Secretary’s delegate) shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including— (1) regulations or other guidance to prevent the avoidance of the purposes of the limitations under this section, (2) regulations or other guidance to minimize compliance and record-keeping burdens under this section, (3) regulations or other guidance providing for waiver of penalties for failure to deposit amounts in anticipation of the allowance of the credit allowed under this section, (4) regulations or other guidance for recapturing the benefit of credits determined under this section in cases where there is a subsequent adjustment to the credit determined under subsection (a), and (5) regulations or other guidance to ensure that the wages taken into account under this section conform with the paid leave required to be provided under the Emergency Family and Medical Leave Expansion Act (including the amendments made by such Act). (g) Application of section This section shall apply only to wages paid with respect to the period beginning on a date selected by the Secretary of the Treasury (or the Secretary’s delegate) which is during the 15-day period beginning on the date of the enactment of this Act, and ending on December 31, 2020. (h) Transfers to Federal Old-Age and Survivors Insurance Trust Fund There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 ) and the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231n–1(a) ) amounts equal to the reduction in revenues to the Treasury by reason of this section (without regard to this subsection). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund or Account had this section not been enacted. 7004. Credit for family leave for certain self-employed individuals (a) Credit against self-employment tax In the case of an eligible self-employed individual, there shall be allowed as a credit against the tax imposed by subtitle A of the Internal Revenue Code of 1986 for any taxable year an amount equal to 100 percent of the qualified family leave equivalent amount with respect to the individual. (b) Eligible self-employed individual For purposes of this section, the term eligible self-employed individual means an individual who— (1) regularly carries on any trade or business within the meaning of section 1402 of such Code, and (2) would be entitled to receive paid leave during the taxable year pursuant to the Emergency Family and Medical Leave Expansion Act if the individual were an employee of an employer (other than himself or herself). (c) Qualified family leave equivalent amount For purposes of this section— (1) In general The term qualified family leave equivalent amount means, with respect to any eligible self-employed individual, an amount equal to the product of— (A) the number of days (not to exceed 50) during the taxable year that the individual is unable to perform services in any trade or business referred to in section 1402 of such Code for a reason with respect to which such individual would be entitled to receive paid leave as described in subsection (b), multiplied by (B) the lesser of— (i) 67 percent of the average daily self-employment income of the individual for the taxable year, or (ii) $200. (2) Average daily self-employment income For purposes of this subsection, the term average daily self-employment income means an amount equal to— (A) the net earnings from self-employment income of the individual for the taxable year, divided by (B) 260. (d) Special rules (1) Credit refundable (A) In general The credit determined under this section shall be treated as a credit allowed to the taxpayer under subpart C of part IV of subchapter A of chapter 1 of such Code. (B) Treatment of payments For purposes of section 1324 of title 31, United States Code, any refund due from the credit determined under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (2) Documentation No credit shall be allowed under this section unless the individual maintains such documentation as the Secretary of the Treasury (or the Secretary’s delegate) may prescribe to establish such individual as an eligible self-employed individual. (3) Denial of double benefit In the case of an individual who receives wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) or compensation (as defined in section 3231(e) of the Internal Revenue Code) paid by an employer which are required to be paid by reason of the Emergency Family and Medical Leave Expansion Act, the qualified family leave equivalent amount otherwise described in subsection (c) shall be reduced (but not below zero) to the extent that the sum of the amount described in such subsection and in section 7003(b)(1) exceeds $10,000. (4) Certain terms Any term used in this section which is also used in chapter 2 of the Internal Revenue Code of 1986 shall have the same meaning as when used in such chapter. (5) References to Emergency Family and Medical Leave Expansion Act Any reference in this section to the Emergency Family and Medical Leave Expansion Act shall be treated as including a reference to the amendments made by such Act. (e) Application of section Only days occurring during the period beginning on a date selected by the Secretary of the Treasury (or the Secretary’s delegate) which is during the 15-day period beginning on the date of the enactment of this Act, and ending on December 31, 2020, may be taken into account under subsection (c)(1)(A). (f) Application of credit in certain possessions (1) Payments to possessions with mirror code tax systems The Secretary of the Treasury (or the Secretary’s delegate) shall pay to each possession of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the application of the provisions of this section. Such amounts shall be determined by the Secretary of the Treasury (or the Secretary’s delegate) based on information provided by the government of the respective possession. (2) Payments to other possessions The Secretary of the Treasury (or the Secretary’s delegate) shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury (or the Secretary’s delegate) as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the provisions of this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary of the Treasury (or the Secretary’s delegate), under which such possession will promptly distribute such payments to its residents. (3) Mirror code tax system For purposes of this section, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (4) Treatment of payments For purposes of section 1324 of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (e) Regulations The Secretary of the Treasury (or the Secretary’s delegate) shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including— (1) regulations or other guidance to prevent the avoidance of the purposes of this Act, and (2) regulations or other guidance to minimize compliance and record-keeping burdens under this section. 7005. Special Rule Related to Tax on Employers (a) In General Any wages required to be paid by reason of the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act shall not be considered wages for purposes of section 3111(a) of the Internal Revenue Code of 1986 or compensation for purposes of section 3221(a) of such Code. (b) Allowance of credit for hospital insurance taxes (1) In general The credit allowed by section 7001 and the credit allowed by section 7003 shall each be increased by the amount of the tax imposed by section 3111(b) of the Internal Revenue Code of 1986 on qualified sick leave wages, or qualified family leave wages, for which credit is allowed under such section 7001 or 7003 (respectively). (2) Denial of double benefit For denial of double benefit with respect to the credit increase under paragraph (1), see sections 7001(e)(1) and 7003(e)(1). (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 ) and the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231n–1(a) ) amounts equal to the reduction in revenues to the Treasury by reason of this section (without regard to this subsection). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund or Account had this section not been enacted. H Budgetary Effects 8001. Budgetary effects (a) Statutory PAYGO scorecards The budgetary effects of division B and each succeeding division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate PAYGO scorecards The budgetary effects of division B and each succeeding division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). (c) Classification of budgetary effects Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of division B and each succeeding division shall not be estimated— (1) for purposes of section 251 of such Act; and (2) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.

Passed the House of Representatives March 14 (legislative day March 13), 2020. Cheryl L. Johnson, Clerk. Gloria J. Lett, Deputy Clerk.