H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML Suspend the Rules and Pass the Bill, H.R. 6201, with an Amendment (The amendment strikes all after the enacting clause and inserts a new text) ..................................................................... (Original Signature of Member) 116TH CONGRESS 2D SESSION H. R. 6201 Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 11, 2020 Mrs. LOWEY (for herself, Mr. SCOTT of Virginia, Mr. NEAL, Mr. BISHOP of Georgia, Ms. DELAURO, Mr. PALLONE, and Mr. PETERSON) introduced the following bill; which was referred to the Committee on 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 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 2 1 SECTION 1. SHORT TITLE. 2 This Act may be cited as the ‘‘Families First 3 Coronavirus Response Act’’. 4 SEC. 2. TABLE OF CONTENTS. 5 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 6 SEC. 3. REFERENCES. 7 Except as expressly provided otherwise, any reference 8 to ‘‘this Act’’ contained in any division of this Act shall 9 be treated as referring only to the provisions of that divi10 sion. 11 DIVISION A—SECOND CORONAVIRUS PRE12 PAREDNESS AND RESPONSE SUPPLE- 13 MENTAL APPROPRIATIONS ACT, 2020 14 The following sums are hereby appropriated, out of 15 any money in the Treasury not otherwise appropriated, 16 for the fiscal year ending September 30, 2020, and for 17 other purposes, namely: L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 3 1 TITLE I 2 DEPARTMENT OF AGRICULTURE 3 FOOD AND NUTRITION SERVICE 4 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR 5 WOMEN, INFANTS, AND CHILDREN (WIC) 6 For an additional amount for the ‘‘Special Supple- 7 mental Nutrition Program for Women, Infants, and Chil8 dren’’, $500,000,000, to remain available through Sep9 tember 30, 2021: Provided, That such amount is des10 ignated by the Congress as being for an emergency re11 quirement pursuant to section 251(b)(2)(A)(i) of the Bal12 anced Budget and Emergency Deficit Control Act of 1985. 13 COMMODITY ASSISTANCE PROGRAM 14 For an additional amount for the ‘‘Commodity As- 15 sistance Program’’ for the emergency food assistance pro16 gram as authorized by section 27(a) of the Food and Nu17 trition Act of 2008 (7 U.S.C. 2036(a)) and section 18 204(a)(1) of the Emergency Food Assistance Act of 1983 19 (7 U.S.C. 7508(a)(1)), $400,000,000, to remain available 20 through September 30, 2021: Provided, That of the funds 21 made available, the Secretary may use up to $100,000,000 22 for costs associated with the distribution of commodities: 23 Provided further, That such amount is designated by the 24 Congress as being for an emergency requirement pursuant L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 4 1 to section 251(b)(2)(A)(i) of the Balanced Budget and 2 Emergency Deficit Control Act of 1985. 3 GENERAL PROVISIONS—THIS TITLE 4 SEC. 1101. (a) PUBLIC HEALTH EMERGENCY.—Dur- 5 ing fiscal year 2020, in any case in which a school is closed 6 for at least 5 consecutive days during a public health 7 emergency designation during which the school would oth8 erwise be in session, each household containing at least 9 1 member who is an eligible child attending the school 10 shall be eligible to receive assistance pursuant to a state 11 agency plan approved under subsection (b). 12 (b) ASSISTANCE.—To carry out this section, the Sec- 13 retary of Agriculture may approve State agency plans for 14 temporary emergency standards of eligibility and levels of 15 benefits under the Food and Nutrition Act of 2008 (7 16 U.S.C. 2011 et seq.) for households with eligible children. 17 Plans approved by the Secretary shall provide for supple18 mental allotments to households receiving benefits under 19 such Act, and issuances to households not already receiv20 ing benefits. Such level of benefits shall be determined by 21 the Secretary in an amount not less than the value of 22 meals at the free rate over the course of 5 school days 23 for each eligible child in the household. 24 (c) MINIMUM CLOSURE REQUIREMENT.—The Sec- 25 retary of Agriculture shall not provide assistance under L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 5 1 this section in the case of a school that is closed for less 2 than 5 consecutive days. 3 (d) USE OF EBT SYSTEM.—A State agency may pro- 4 vide assistance under this section through the EBT card 5 system established under section 7 of the Food and Nutri6 tion Act of 2008 (7 U.S.C. 2016). 7 (e) RELEASE OF INFORMATION.—Notwithstanding 8 any other provision of law, the Secretary of Agriculture 9 may authorize State educational agencies and school food 10 authorities administering a school lunch program under 11 the Richard B. Russell National School Lunch Act (42 12 U.S.C. 1751 et seq.) to release to appropriate officials ad13 ministering the supplemental nutrition assistance program 14 such information as may be necessary to carry out this 15 section. 16 (f) WAIVERS.—To facilitate implementation of this 17 section, the Secretary of Agriculture may approve waivers 18 of the limits on certification periods otherwise applicable 19 under section 3(f) of the Food and Nutrition Act of 2008 20 (7 U.S.C. 2012(f)), reporting requirements otherwise ap21 plicable under section 6(c) of such Act (7 U.S.C. 2015(c)), 22 and other administrative requirements otherwise applica23 ble to State agencies under such Act. 24 (g) AVAILABILITY OF COMMODITIES.—During fiscal 25 year 2020, the Secretary of Agriculture may purchase L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 6 1 commodities for emergency distribution in any area of the 2 United States during a public health emergency designa3 tion. 4 (h) DEFINITIONS.—In this section: 5 (1) The term ‘‘eligible child’’ means a child (as 6 defined in section 12(d) or served under section 7 11(a)(1) of the Richard B. Russell National School 8 Lunch Act (42 U.S.C. 1760(d), 1759(a)(1)) who, if 9 not for the closure of the school attended by the 10 child during a public health emergency designation 11 and due to concerns about a COVID–19 outbreak, 12 would receive free or reduced price school meals 13 under the Richard B. Russell National School Lunch 14 Act (42 U.S.C. 175l et seq.) at the school. 15 (2) The term ‘‘public health emergency designa- 16 tion’’ means the declaration of a public health emer- 17 gency, based on an outbreak of SARS–CoV–2 or an- 18 other coronavirus with pandemic potential, by the 19 Secretary of Health and Human Services under sec- 20 tion 319 of the Public Health Service Act (42 21 U.S.C. 247d). 22 (3) The term ‘‘school’’ has the meaning given 23 the term in section 12(d) of the Richard B. Russell 24 National School Lunch Act (42 U.S.C. 1760(d)). L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 7 1 (i) FUNDING.—There are hereby appropriated to the 2 Secretary of Agriculture such amounts as are necessary 3 to carry out this section: Provided, That such amount is 4 designated by the Congress as being for an emergency re5 quirement pursuant to section 251(b)(2)(A)(i) of the Bal6 anced Budget and Emergency Deficit Control Act of 1985. 7 SEC. 1102. In addition to amounts otherwise made 8 available, $100,000,000, to remain available through Sep9 tember 30, 2021, shall be available for the Secretary of 10 Agriculture to provide grants to the Commonwealth of the 11 Northern Mariana Islands, Puerto Rico, and American 12 Samoa for nutrition assistance in response to a COVID– 13 19 public health emergency: Provided, That such amount 14 is designated by the Congress as being for an emergency 15 requirement pursuant to section 251(b)(2)(A)(i) of the 16 Balanced Budget and Emergency Deficit Control Act of 17 1985. 18 TITLE II 19 DEPARTMENT OF DEFENSE 20 DEFENSE HEALTH PROGRAM 21 For an additional amount for ‘‘Defense Health Pro- 22 gram’’, $82,000,000, to remain available until September 23 30, 2022, for health services consisting of SARS–CoV– 24 2 or COVID–19 related items and services as described 25 in section 6006(a) of division F of the Families First L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 8 1 Coronavirus Response Act (or the administration of such 2 products): Provided, That such amount is designated by 3 the Congress as being for an emergency requirement pur4 suant to section 251(b)(2)(A)(i) of the Balanced Budget 5 and Emergency Deficit Control Act of 1985. 6 TITLE III 7 DEPARTMENT OF THE TREASURY 8 INTERNAL REVENUE SERVICE 9 TAXPAYER SERVICES 10 For an additional amount for ‘‘Taxpayer Services’’, 11 $15,000,000, to remain available until September 30, 12 2022, for the purposes of carrying out the Families First 13 Coronavirus Response Act: Provided, That amounts pro14 vided under this heading in this Act may be transferred 15 to and merged with ‘‘Operations Support’’: Provided fur16 ther, That such amount is designated by the Congress as 17 being for an emergency requirement pursuant to section 18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 19 Deficit Control Act of 1985. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 9 1 TITLE IV 2 DEPARTMENT OF HEALTH AND HUMAN 3 SERVICES 4 INDIAN HEALTH SERVICE 5 INDIAN HEALTH SERVICES 6 For an additional amount for ‘‘Indian Health Serv- 7 ices’’, $64,000,000, to remain available until September 8 30, 2022, for health services consisting of SARS–CoV– 9 2 or COVID–19 related items and services as described 10 in section 6007 of division F of the Families First 11 Coronavirus Response Act (or the administration of such 12 products): Provided, That such amounts shall be allocated 13 at the discretion of the Director of the Indian Health Serv14 ice: Provided further, That such amount is designated by 15 the Congress as being for an emergency requirement pur16 suant to section 251(b)(2)(A)(i) of the Balanced Budget 17 and Emergency Deficit Control Act of 1985. 18 TITLE V 19 DEPARTMENT OF HEALTH AND HUMAN 20 SERVICES 21 ADMINISTRATION 22 FOR COMMUNITY LIVING AGING AND DISABILITY SERVICES PROGRAMS 23 For an additional amount for ‘‘Aging and Disability 24 Services Programs’’, $250,000,000, to remain available 25 until September 30, 2021, for activities authorized under L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 10 1 subparts 1 and 2 of part C, of title III, and under title 2 VI, of the Older Americans Act of 1965 (‘‘OAA’’), of 3 which $160,000,000 shall be for Home-Delivered Nutri4 tion Services, $80,000,000 shall be for Congregate Nutri5 tion Services, and $10,000,000 shall be for Nutrition 6 Services for Native Americans: Provided, That State 7 matching requirements under sections 304(d)(1)(D) and 8 309(b)(2) of the OAA shall not apply to funds made avail9 able under this heading in this Act: Provided further, That 10 such amount is designated by the Congress as being for 11 an emergency requirement pursuant to section 12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 13 Deficit Control Act of 1985. 14 OFFICE OF THE SECRETARY 15 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 16 FUND 17 For an additional amount for ‘‘Public Health and So- 18 cial Services Emergency Fund’’, $1,000,000,000, to re19 main available until expended, for activities authorized 20 under section 2812 of the Public Health Service Act (42 21 U.S.C. 300hh–11), in coordination with the Administrator 22 of the Centers for Medicare & Medicaid Services, to pay 23 the claims of providers for reimbursement, as described 24 in subsection (a)(3)(D) of such section 2812, for health 25 services consisting of SARS–CoV–2 or COVID–19 related L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 11 1 items and services as described in paragraph (1) of section 2 6001(a) of division F of the Families First Coronavirus 3 Response Act (or the administration of such products) or 4 visits described in paragraph (2) of such section for unin5 sured individuals: Provided, That the term ‘‘uninsured in6 dividual’’ in this paragraph means an individual who is 7 not enrolled in— 8 (1) a Federal health care program (as defined 9 under section 1128B(f) of the Social Security Act 10 (42 U.S.C. 1320a-7b(f)), including an individual 11 who is eligible for medical assistance only because of 12 subsection (a)(10)(A)(ii)(XXIII) of Section 1902 of 13 the Social Security Act; or 14 (2) a group health plan or health insurance cov- 15 erage offered by a health insurance issuer in the 16 group or individual market (as such terms are de- 17 fined in section 2791 of the Public Health Service 18 Act (42 U.S.C. 300gg-91)), or a health plan offered 19 under chapter 89 of title 5, United States Code: 20 Provided further, That such amount is designated by the 21 Congress as being for an emergency requirement pursuant 22 to section 251(b)(2)(A)(i) of the Balanced Budget and 23 Emergency Deficit Control Act of 1985. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 12 1 TITLE VI 2 DEPARTMENT OF VETERANS AFFAIRS 3 VETERANS HEALTH ADMINISTRATION 4 MEDICAL SERVICES 5 For an additional amount for ‘‘Medical Services’’, 6 $30,000,000, to remain available until September 30, 7 2022, for health services consisting of SARS–CoV–2 or 8 COVID–19 related items and services as described in sec9 tion 6006(b) of division F of the Families First 10 Coronavirus Response Act (or the administration of such 11 products): Provided, That such amount is designated by 12 the Congress as being for an emergency requirement pur13 suant to section 251(b)(2)(A)(i) of the Balanced Budget 14 and Emergency Deficit Control Act of 1985. 15 MEDICAL COMMUNITY CARE 16 For an additional amount for ‘‘Medical Community 17 Care’’, $30,000,000, to remain available until September 18 30, 2022, for health services consisting of SARS–CoV– 19 2 or COVID–19 related items and services as described 20 in section 6006(b) of division F of the Families First 21 Coronavirus Response Act (or the administration of such 22 products): Provided, That such amount is designated by 23 the Congress as being for an emergency requirement pur24 suant to section 251(b)(2)(A)(i) of the Balanced Budget 25 and Emergency Deficit Control Act of 1985. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 13 1 TITLE VII 2 GENERAL PROVISIONS—THIS ACT 3 SEC. 1701. Not later than 30 days after the date of 4 enactment of this Act, the head of each executive agency 5 that receives funding in this Act shall provide a report 6 detailing the anticipated uses of all such funding to the 7 Committees on Appropriations of the House of Represent8 atives and the Senate: Provided, That each report shall 9 include estimated personnel and administrative costs, as 10 well as the total amount of funding apportioned, allotted, 11 obligated, and expended, to date: Provided further, That 12 each such plan shall be updated and submitted to such 13 Committees every 60 days until all funds are expended 14 or expire. 15 SEC. 1702. States and local governments receiving 16 funds or assistance pursuant to this division shall ensure 17 the respective State Emergency Operations Center re18 ceives regular and real-time reporting on aggregated data 19 on testing and results from State and local public health 20 departments, as determined by the Director of the Centers 21 for Disease Control, and that such data is transmitted to 22 the Centers for Disease Control. 23 SEC. 1703. Each amount appropriated or made avail- 24 able by this Act is in addition to amounts otherwise appro25 priated for the fiscal year involved. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 14 1 SEC. 1704. No part of any appropriation contained 2 in this Act shall remain available for obligation beyond 3 the current fiscal year unless expressly so provided herein. 4 SEC. 1705. Unless otherwise provided for by this Act, 5 the additional amounts appropriated by this Act to appro6 priations accounts shall be available under the authorities 7 and conditions applicable to such appropriations accounts 8 for fiscal year 2020. 9 SEC. 1706. Each amount designated in this Act by 10 the Congress as being for an emergency requirement pur11 suant to section 251(b)(2)(A)(i) of the Balanced Budget 12 and Emergency Deficit Control Act of 1985 shall be avail13 able (or rescinded or transferred, if applicable) only if the 14 President subsequently so designates all such amounts 15 and transmits such designations to the Congress. 16 SEC. 1707. Any amount appropriated by this Act, 17 designated by the Congress as an emergency requirement 18 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg19 et and Emergency Deficit Control Act of 1985 and subse20 quently so designated by the President, and transferred 21 pursuant to transfer authorities provided by this Act shall 22 retain such designation. 23 This division may be cited as the ‘‘Second 24 Coronavirus Preparedness and Response Supplemental 25 Appropriations Act, 2020’’. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 15 5 DIVISION B—NUTRITION WAIVERS TITLE I—MAINTAINING ESSENTIAL ACCESS TO LUNCH FOR STUDENTS ACT 6 SEC. 2101. SHORT TITLE. 1 2 3 4 7 This title may be cited as the ‘‘Maintaining Essential 8 Access to Lunch for Students Act’’ or the ‘‘MEALS Act’’. 9 SEC. 2102. WAIVER EXCEPTION FOR SCHOOL CLOSURES 10 DUE TO COVID–19. 11 (a) IN GENERAL.—The requirements under section 12 12(l)(1)(A)(iii) of the Richard B. Russell National School 13 Lunch Act (42 U.S.C. 1760(l)(1)(A)(iii)) shall not apply 14 to a qualified COVID–19 waiver. 15 (b) ALLOWABLE INCREASE IN FEDERAL COSTS.— 16 Notwithstanding paragraph (4) of section 12(l) of the 17 Richard B. Russell National School Lunch Act (42 U.S.C. 18 1760(l)), the Secretary of Agriculture may grant a quali19 fied COVID–19 waiver that increases Federal costs. 20 (c) TERMINATION AFTER PERIODIC REVIEW.—The 21 requirements under section 12(l)(5) of the Richard B. 22 Russell National School Lunch Act (42 U.S.C. 1760(l)(5)) 23 shall not apply to a qualified COVID–19 waiver. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 16 1 (d) QUALIFIED COVID–19 WAIVER.—In this sec- 2 tion, the term ‘‘qualified COVID–19 waiver’’ means a 3 waiver— 4 (1) requested by a State (as defined in section 5 12(d)(8) of the Richard B. Russell National School 6 Lunch Act (42 U.S.C. 1760(d)(8))) or eligible serv- 7 ice provider under section 12(l) of the Richard B. 8 Russell National School Lunch Act (42 U.S.C. 9 1760(l)); and 10 (2) to waive any requirement under such Act 11 (42 U.S.C. 1751 et seq.) or the Child Nutrition Act 12 of 1966 (42 U.S.C. 1771 et seq.), or any regulation 13 issued under either such Act, for purposes of pro- 14 viding meals and meal supplements under such Acts 15 during a school closure due to COVID–19. 16 TITLE II—COVID—19 CHILD NUTRITION RESPONSE ACT 17 18 SEC. 2201. SHORT TITLE. 19 This title may be cited as the ‘‘COVID–19 Child Nu- 20 trition Response Act’’. 21 SEC. 2202. NATIONAL SCHOOL LUNCH PROGRAM REQUIRE- 22 MENT WAIVERS ADDRESSING COVID–19. 23 (a) NATIONWIDE WAIVER.— 24 (1) IN 25 22:45 Mar 13, 2020 any other provision of law, the Secretary may establish a waiv- L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 GENERAL.—Notwithstanding Jkt 000000 (758530 1) PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 17 1 er for all States under section 12(l) of the Richard 2 B. Russell National School Lunch Act (42 U.S.C. 3 1760(l)), for purposes of— 4 (A) providing meals and meal supplements 5 under a qualified program; and 6 (B) carrying out subparagraph (A) with 7 appropriate safety measures with respect to 8 COVID–19, as determined by the Secretary. 9 (2) STATE 10 ELECTION.—A waiver established under paragraph (1) shall— 11 (A) notwithstanding paragraph (2) of sec- 12 tion 12(l) of the Richard B. Russell National 13 School Lunch Act (42 U.S.C. 1760(l)), apply 14 automatically to any State that elects to be sub- 15 ject to the waiver without further application; 16 and 17 (B) not be subject to the requirements 18 under paragraph (3) of such section. 19 20 (b) CHILD AND ADULT CARE FOOD PROGRAM WAIV- ER.—Notwithstanding any other provision of law, the Sec- 21 retary may grant a waiver under section 12(l) of the Rich22 ard B. Russell National School Lunch Act (42 U.S.C. 23 1760(l)) to allow non-congregate feeding under a child and 24 adult care food program under section 17 of the Richard L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 18 1 B. Russell National School Lunch Act (42 U.S.C. 1766) 2 if such waiver is for the purposes of— 3 (1) providing meals and meal supplements 4 under such child and adult care food program; and 5 (2) carrying out paragraph (1) with appropriate 6 safety measures with respect to COVID–19, as de- 7 termined by the Secretary. 8 (c) MEAL PATTERN WAIVER.—Notwithstanding 9 paragraph (4)(A) of section 12(l) of the Richard B. Rus10 sell National School Lunch Act (42 U.S.C. 1760(l)) the 11 Secretary may grant a waiver under such section that re12 lates to the nutritional content of meals served if the Sec13 retary determines that— 14 (1) such waiver is necessary to provide meals 15 and meal supplements under a qualified program; 16 and 17 (2) there is a supply chain disruption with re- 18 spect to foods served under such a qualified program 19 and such disruption is due to COVID–19. 20 (d) REPORTS.—Each State that receives a waiver 21 under subsection (a), (b), or (c), shall, not later than 1 22 year after the date such State received such waiver, sub23 mit a report to the Secretary that includes the following: 24 (1) A summary of the use of such waiver by the 25 State and eligible service providers. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 19 1 (2) A description of whether such waiver re- 2 sulted in improved services to children. 3 (e) SUNSET.—The authority of the Secretary to es- 4 tablish or grant a waiver under this section shall expire 5 on September 30, 2020. 6 (f) DEFINITIONS.—In this section: 7 (1) QUALIFIED 8 term ‘‘qualified program’’ means the following: 9 (A) The school lunch program under the 10 Richard B. Russell National School Lunch Act 11 (42 U.S.C. 1751 et seq.). 12 (B) The school breakfast program under 13 section 4 of the Child Nutrition Act of 1966 14 (42 U.S.C. 1773). 15 (C) The child and adult care food program 16 under section 17 of the Richard B. Russell Na- 17 tional School Lunch Act (42 U.S.C. 1766). 18 (D) The summer food service program for 19 children under section 13 of the Richard B. 20 Russell National School Lunch Act (42 U.S.C. 21 1761). 22 (2) SECRETARY.—The term ‘‘Secretary’’ means 23 the Secretary of Agriculture. 24 (3) STATE.—The term ‘‘State’’ has the mean- 25 ing given such term in section 12(d)(8) of the Rich- L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 PROGRAM.—The 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 20 1 ard B. Russell National School Lunch Act (42 2 U.S.C. 1760(d)(8)). 3 SEC. 2203. PHYSICAL PRESENCE WAIVER UNDER WIC DUR- 4 ING 5 GENCIES. 6 PUBLIC HEALTH EMER- (a) WAIVER AUTHORITY.— 7 (1) IN GENERAL.—Notwithstanding any other 8 provision of law, the Secretary may grant a request 9 described in paragraph (2) to— 10 (A) waive the requirement under section 11 17(d)(3)(C)(i) of the Child Nutrition Act of 12 1966 (42 U.S.C. 1786(d)(3)(C)(i)); and 13 (B) defer anthropometric and bloodwork 14 requirements necessary to determine nutritional 15 risk. 16 (2) REQUEST.—A request described in this 17 paragraph is a request made to the Secretary by a 18 State agency to waive, on behalf of the local agencies 19 served by such State agency, the requirements de- 20 scribed in paragraph (1) during any portion of the 21 emergency period (as defined in paragraph (1)(B) of 22 section 1135(g) of the Social Security Act (42 23 U.S.C. 1320b-5(g)) (beginning on or after the date 24 of the enactment of this section). 25 (b) REPORTS.— L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 CERTAIN 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 21 1 (1) LOCAL AGENCY REPORTS.—Each local 2 agency that uses a waiver pursuant to subsection (a) 3 shall, not later than 1 year after the date such local 4 agency uses such waiver, submit a report to the 5 State agency serving such local agency that includes 6 the following: 7 (A) A summary of the use of such waiver 8 by the local agency. 9 (B) A description of whether such waiver 10 resulted in improved services to women, infants, 11 and children. 12 (2) STATE AGENCY REPORTS.—Each State 13 agency that receives a waiver under subsection (a) 14 shall, not later than 18 months after the date such 15 State agency received such waiver, submit a report 16 to the Secretary that includes the following: 17 (A) A summary of the reports received by 18 the State agency under paragraph (1). 19 (B) A description of whether such waiver 20 resulted in improved services to women, infants, 21 and children. 22 (c) SUNSET.—The authority under this section shall 23 expire on September 30, 2020. 24 (d) DEFINITIONS.—In this section: L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 22 1 (1) LOCAL term ‘‘local agency’’ 2 has the meaning given the term in section 17(b) of 3 the Child Nutrition Act of 1966 (42 U.S.C. 4 1786(b)). 5 (2) NUTRITIONAL RISK.—The term ‘‘nutritional 6 risk’’ has the meaning given the term in section 7 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 8 1786(b)). 9 (3) SECRETARY.—The term ‘‘Secretary’’ means 10 the Secretary of Agriculture. 11 (4) STATE AGENCY.— The term ‘‘State agency’’ 12 has the meaning given the term in section 17(b) of 13 the Child Nutrition Act of 1966 (42 U.S.C. 14 1786(b)). 15 SEC. 2204. 16 ADMINISTRATIVE REQUIREMENTS WAIVER UNDER WIC. 17 (a) WAIVER AUTHORITY.— 18 (1) IN GENERAL.—Notwithstanding any other 19 provision of law, the Secretary of Agriculture may, 20 if requested by a State agency (as defined in section 21 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 22 1786(b)), modify or waive any qualified administra- 23 tive requirement with respect to such State agency. 24 (2) 25 22:45 Mar 13, 2020 QUALIFIED MENT.—In L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 AGENCY.—The Jkt 000000 ADMINISTRATIVE REQUIRE- this section, the term ‘‘qualified adminis- (758530 1) PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 23 1 trative requirement’’ means a regulatory require- 2 ment issued under section 17 of the Child Nutrition 3 Act of 1966 (42 U.S.C. 1786) that the Secretary of 4 Agriculture determines— 5 (A) cannot be met by a State agency due 6 to COVID–19; and 7 (B) the modification or waiver of which is 8 necessary to provide assistance under such sec- 9 tion. 10 (b) STATE AGENCY REPORTS.—Each State agency 11 that receives a waiver under subsection (a)(1) shall, not 12 later than 1 year after the date such State agency received 13 such waiver, submit a report to the Secretary of Agri14 culture that includes the following: 15 (1) A summary of the use of such waiver by the 16 State agency. 17 (2) A description of whether such waiver re- 18 sulted in improved services to women, infants, and 19 children. 20 (c) SUNSET.—The authority under this section shall 21 expire on September 30, 2020. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 24 1 TITLE III—SNAP WAIVERS 2 SEC. 2301. SNAP FLEXIBILITY FOR LOW-INCOME JOBLESS 3 WORKERS. 4 (a) Beginning with the first month that begins after 5 the enactment of this Act and for each subsequent month 6 through the end of the month subsequent to the month 7 a public health emergency declaration by the Secretary of 8 Health and Human Services under section 319 of the Pub9 lic Health Service Act based on an outbreak of coronavirus 10 disease 2019 (COVID–19) is lifted, eligibility for supple11 mental nutrition assistance program benefits shall not be 12 limited under section 6(o)(2) of the Food and Nutrition 13 Act of 2008 unless an individual does not comply with the 14 requirements of a program offered by the State agency 15 (as defined in section 3 of the Food and Nutrition Act 16 of 2008) that meets the standards of subparagraphs (B) 17 or (C) of such section 6(o)(2). 18 (b) Beginning on the month subsequent to the month 19 the public health emergency declaration by the Secretary 20 of Health and Human Services under section 319 of the 21 Public Health Service Act based on an outbreak of 22 COVID–19 is lifted for purposes of section 6(o) of the 23 Food and Nutrition Act of 2008, such State agency shall 24 disregard any period during which an individual received L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 25 1 benefits under the supplemental nutrition assistance pro2 gram prior to such month. 3 SEC. 2302. ADDITIONAL SNAP FLEXIBILITIES IN A PUBLIC 4 HEALTH EMERGENCY. 5 (a) In the event of a public health emergency declara- 6 tion by the Secretary of Health and Human Services 7 under section 319 of the Public Health Service Act based 8 on an outbreak of coronavirus disease 2019 (COVID–19) 9 and the issuance of an emergency or disaster declaration 10 by a State based on an outbreak of COVID–19, the Sec11 retary of Agriculture— 12 (1) shall provide, at the request of a State 13 agency (as defined in section 3 of the Food and Nu- 14 trition Act of 2008) that provides sufficient data (as 15 determined by the Secretary through guidance) sup- 16 porting such request, for emergency allotments to 17 households participating in the supplemental nutri- 18 tion assistance program under the Food and Nutri- 19 tion Act of 2008 to address temporary food needs 20 not greater than the applicable maximum monthly 21 allotment for the household size; and 22 (2) may adjust, at the request of State agencies 23 or by guidance in consultation with one or more 24 State agencies, issuance methods and application 25 and reporting requirements under the Food and Nu- L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 26 1 trition Act of 2008 to be consistent with what is 2 practicable under actual conditions in affected areas. 3 (In making this adjustment, the Secretary shall con- 4 sider the availability of offices and personnel in 5 State agencies, any conditions that make reliance on 6 electronic benefit transfer systems described in sec- 7 tion 7(h) of the Food and Nutrition Act of 2008 im- 8 practicable, any disruptions of transportation and 9 communication facilities, and any health consider- 10 ations that warrant alternative approaches.) 11 (b) Not later than 10 days after the date of the re- 12 ceipt or issuance of each document listed in paragraphs 13 (1), (2), or (3) of this subsection, the Secretary of Agri14 culture shall make publicly available on the website of the 15 Department the following documents: 16 (1) Any request submitted by State agencies 17 under subsection (a). 18 (2) The Secretary’s approval or denial of each 19 such request. 20 (3) Any guidance issued under subsection 21 (a)(2). 22 (c) The Secretary of Agriculture shall, within 18 23 months after the public health emergency declaration de24 scribed in subsection (a) is lifted, submit a report to the 25 House and Senate Agriculture Committees with a descrip- L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 27 1 tion of the measures taken to address the food security 2 needs of affected populations during the emergency, any 3 information or data supporting State agency requests, any 4 additional measures that States requested that were not 5 approved, and recommendations for changes to the Sec6 retary’s authority under the Food and Nutrition Act of 7 2008 to assist the Secretary and States and localities in 8 preparations for any future health emergencies. 11 DIVISION C—EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT 12 SEC. 3101. SHORT TITLE. 9 10 13 This Act may be cited as ‘‘Emergency Family and 14 Medical Leave Expansion Act’’. 15 SEC. 3102. AMENDMENTS TO THE FAMILY AND MEDICAL 16 LEAVE ACT OF 1993. 17 (a) PUBLIC HEALTH EMERGENCY LEAVE.— 18 (1) IN 102(a)(1) of the 19 Family and Medical Leave Act of 1993 (29 U.S.C. 20 2612(a)(1)) is amended by adding at the end the 21 following: 22 ‘‘(F) During the period beginning on the 23 date the Emergency Family and Medical Leave 24 Expansion Act takes effect, and ending on De- 25 cember 31, 2020, because of a qualifying need L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 GENERAL.—Section 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 28 1 related to a public health emergency in accord- 2 ance with section 110.’’. 3 (2) PAID REQUIREMENT.—Section LEAVE 4 102(c) of the Family and Medical Leave Act of 1993 5 (29 U.S.C. 2612(c)) is amended by striking ‘‘under 6 subsection (a)’’ and inserting ‘‘under subsection (a) 7 (other than certain periods of leave under subsection 8 (a)(1)(F))’’. 9 (b) REQUIREMENTS.—Title I of the Family and Med- 10 ical Leave Act of 1993 (29 U.S.C. 2611 et seq.) is amend11 ed by adding at the end the following: 12 ‘‘SEC. 110. PUBLIC HEALTH EMERGENCY LEAVE. 13 ‘‘(a) DEFINITIONS.—The following shall apply with 14 respect to leave under section 102(a)(1)(F): 15 ‘‘(1) APPLICATION 16 definitions in section 101 shall apply, except as fol- 17 lows: 18 ‘‘(A) ELIGIBLE EMPLOYEE.—In lieu of the 19 definition 20 101(2)(B)(ii), 21 means an employee who has been employed for 22 at least 30 calendar days by the employer with 23 respect to whom leave is requested under sec- 24 tion 102(a)(1)(F). L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 OF CERTAIN TERMS.—The 22:45 Mar 13, 2020 Jkt 000000 in sections the term 101(2)(A) ‘eligible and employee’ (758530 1) PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 29 1 ‘‘(B) 2 101(4)(A)(i) shall be applied by substituting 3 ‘fewer than 500 employees’ for ‘50 or more em- 4 ployees for each working day during each of 20 5 or more calendar workweeks in the current or 6 preceding calendar year’. 7 ‘‘(C) PARENT.—In lieu of the definition in 8 section 101(7), the term ‘parent’, with respect 9 to an employee, means any of the following: 10 ‘‘(i) A biological, foster, or adoptive 11 parent of the employee. 12 ‘‘(ii) A stepparent of the employee. 13 ‘‘(iii) A parent-in-law of the employee. 14 ‘‘(iv) A parent of a domestic partner 15 of the employee. 16 ‘‘(v) A legal guardian or other person 17 who stood in loco parentis to an employee 18 when the employee was a child. 19 ‘‘(2) ADDITIONAL DEFINITIONS.—In addition to 20 the definitions described in paragraph (1), the fol- 21 lowing definitions shall apply with respect to leave 22 under section 102(a)(1)(F): 23 ‘‘(A) QUALIFYING NEED RELATED TO A 24 PUBLIC 25 ‘qualifying need related to a public health emer- L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 THRESHOLD.—Section EMPLOYER 22:45 Mar 13, 2020 Jkt 000000 HEALTH EMERGENCY.—The term (758530 1) PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 30 1 gency’, with respect to leave, means the em- 2 ployee has a need for leave for one of the fol- 3 lowing: 4 ‘‘(i) To comply with a recommenda- 5 tion or order by a public official having ju- 6 risdiction or a health care provider on the 7 basis that— 8 ‘‘(I) the physical presence of the 9 employee on the job would jeopardize 10 the health of others because of— 11 ‘‘(aa) the exposure of the 12 employee to coronavirus; or 13 ‘‘(bb) exhibition of symp- 14 toms of coronavirus by the em- 15 ployee; and 16 ‘‘(II) the employee is unable to 17 both perform the functions of the po- 18 sition of such employee and comply 19 with such recommendation or order. 20 ‘‘(ii) To care for a family member of 21 an eligible employee with respect to whom 22 a public official having jurisdiction or a 23 health care provider makes a determina- 24 tion that the presence of the family mem- 25 ber in the community would jeopardize the L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 31 1 health of other individuals in the commu- 2 nity because of— 3 ‘‘(I) the exposure of such family 4 member to coronavirus; or 5 ‘‘(II) exhibition of symptoms of 6 coronavirus by such family member. 7 ‘‘(iii) To care for the son or daughter 8 under 18 years of age of such employee if 9 the school or place of care has been closed, 10 or the child care provider of such son or 11 daughter is unavailable, due to a public 12 health emergency. 13 ‘‘(B) PUBLIC 14 term ‘public health emergency’ means an emer- 15 gency with respect to coronavirus declared by a 16 Federal, State, or local authority. 17 ‘‘(C) CHILD CARE PROVIDER.—The term 18 ‘child care provider’ means a provider who re- 19 ceives compensation for providing child care 20 services on a regular basis, including an ‘eligible 21 child care provider’ (as defined in section 658P 22 of the Child Care and Development Block 23 Grant Act of 1990 (42 U.S.C. 9858n)). 24 ‘‘(D) 25 22:45 Mar 13, 2020 CORONAVIRUS.—The term ‘coronavirus’ has the meaning given the term in L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 HEALTH EMERGENCY.—The Jkt 000000 (758530 1) PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 32 1 section 506 of the Coronavirus Preparedness 2 and Response Supplemental Appropriations 3 Act, 2020. 4 ‘‘(E) SCHOOL.—The term ‘school’ means 5 an ‘elementary school’ or ‘secondary school’ as 6 such terms are defined in section 8101 of the 7 Elementary and Secondary Education Act of 8 1965 (20 U.S.C. 7801). 9 ‘‘(F) FAMILY.—The term ‘family member’, 10 with respect to an employee, means any of the 11 following: 12 ‘‘(i) A parent of the employee. 13 ‘‘(ii) A spouse of the employee. 14 ‘‘(iii) A son or daughter, who is under 15 18 years of age, of the employee. 16 ‘‘(iv) An individual who is a pregnant 17 woman, senior citizen, individual with a 18 disability, or has access or functional needs 19 and who is— 20 ‘‘(I) a son or daughter of the em- 21 ployee; 22 ‘‘(II) a next of kin of the em- 23 ployee or a person for whom the em- 24 ployee is next of kin; or L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 33 1 ‘‘(III) a grandparent or grand- 2 child of the employee. 3 ‘‘(3) REGULATORY Sec- 4 retary of Labor shall have the authority to issue reg- 5 ulations for good cause under sections 553(b)(B) 6 and 553(d)(A) of title 5, United States Code— 7 ‘‘(A) to exclude certain health care pro- 8 viders and emergency responders from the defi- 9 nition 10 of eligible employee under section 110(a)(1)(A); and 11 ‘‘(B) to exempt small businesses with fewer 12 than 50 employees from the requirements of 13 section 102(a)(1)(F) when the imposition of 14 such requirements would jeopardize the viability 15 of the business as a going concern. 16 ‘‘(b) RELATIONSHIP TO PAID LEAVE.— 17 ‘‘(1) UNPAID 18 ‘‘(A) IN LEAVE FOR INITIAL 14 DAYS.— GENERAL.—The first 14 days for 19 which an employee takes leave under section 20 102(a)(1)(F) may consist of unpaid leave. 21 ‘‘(B) EMPLOYEE ELECTION.—An employee 22 may elect to substitute any accrued vacation 23 leave, personal leave, or medical or sick leave 24 for unpaid leave under section 102(a)(1)(F) in 25 accordance with section 102(d)(2)(B). L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 AUTHORITIES.—The 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 34 1 em- 2 ployer may not require an employee to sub- 3 stitute any leave as described in subparagraph 4 (B) for leave under section 102(a)(1)(F). 5 ‘‘(2) PAID 6 LEAVE FOR SUBSEQUENT DAYS.— ‘‘(A) IN GENERAL.—An employer shall 7 provide paid leave for each day of leave under 8 section 102(a)(1)(F) that an employee takes 9 after taking leave under such section for 14 10 days. 11 ‘‘(B) CALCULATION.—Paid leave under 12 subparagraph (A) for an employee shall be cal- 13 culated based on— 14 ‘‘(i) an amount that is not less than 15 two-thirds of an employee’s regular rate of 16 pay (as determined under section 7(e) of 17 the Fair Labor Standards Act of 1938 (29 18 U.S.C. 207(e)); and 19 ‘‘(ii) the number of hours the em- 20 ployee would otherwise be normally sched- 21 uled to work (or the number of hours cal- 22 culated under subparagraph (C)). 23 ‘‘(C) VARYING SCHEDULE HOURS CAL- 24 CULATION.—In 25 schedule varies from week to week to such an L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 REQUIREMENT.—An ‘‘(C) EMPLOYER 22:45 Mar 13, 2020 Jkt 000000 the case of an employee whose (758530 1) PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 35 1 extent that an employer is unable to determine 2 with certainty the number of hours the em- 3 ployee would have worked if such employee had 4 not taken leave under section 102(a)(1)(F), the 5 employer shall use the following in place of such 6 number: 7 ‘‘(i) Subject to clause (ii), a number 8 equal to the average number of hours that 9 the employee was scheduled per day over 10 the 6-month period ending on the date on 11 which the employee takes such leave, in- 12 cluding hours for which the employee took 13 leave of any type. 14 ‘‘(ii) If the employee did not work 15 over such period, the reasonable expecta- 16 tion of the employee at the time of hiring 17 of the average number of hours per day 18 that the employee would normally be 19 scheduled to work. 20 ‘‘(c) NOTICE.—In any case where the necessity for 21 leave under section 102(a)(1)(F) for the purpose described 22 in subsection (a)(2)(A)(iii) is foreseeable, an employee 23 shall provide the employer with such notice of leave as is 24 practicable. 25 ‘‘(d) RESTORATION TO POSITION.— L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 36 1 ‘‘(1) IN 104(a)(1) shall not 2 apply with respect to an employee of an employer 3 who employs fewer than 25 employees if the condi- 4 tions described in paragraph (2) are met. 5 ‘‘(2) CONDITIONS.—The conditions described in 6 this paragraph are the following: 7 ‘‘(A) The employee takes leave under sec- 8 tion 102(a)(1)(F). 9 ‘‘(B) The position held by the employee 10 when the leave commenced does not exist due to 11 economic conditions or other changes in oper- 12 ating conditions of the employer— 13 ‘‘(i) that affect employment; and 14 ‘‘(ii) are caused by a public health 15 emergency during the period of leave. 16 ‘‘(C) The employer makes reasonable ef- 17 forts to restore the employee to a position 18 equivalent to the position the employee held 19 when the leave commenced, with equivalent em- 20 ployment benefits, pay, and other terms and 21 conditions of employment. 22 ‘‘(D) If the reasonable efforts of the em- 23 ployer under subparagraph (C) fail, the em- 24 ployer makes reasonable efforts during the pe- 25 riod described in paragraph (3) to contact the L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 GENERAL.—Section 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 37 1 employee if an equivalent position described in 2 subparagraph (C) becomes available. 3 ‘‘(3) CONTACT PERIOD.—The period described 4 under this paragraph is the 1-year period beginning 5 on the earlier of— 6 ‘‘(A) the date on which the qualifying need 7 related to a public health emergency concludes; 8 or 9 ‘‘(B) the date that is 12 weeks after the 10 date on which the employee’s leave under sec- 11 tion 102(a)(1)(F) commences.’’. 12 SEC. 3103. EMPLOYMENT UNDER MULTI-EMPLOYER BAR- 13 GAINING AGREEMENTS. 14 (a) EMPLOYERS.—An employer signatory to a multi- 15 employer collective bargaining agreement may, consistent 16 with its bargaining obligations and its collective bar17 gaining agreement, fulfill its obligations under section 18 110(b)(2) of title I of the Family and Medical Leave Act 19 of 1993, as added by the Families First Coronavirus Re20 sponse Act, by making contributions to a multiemployer 21 fund, plan, or program based on the paid leave each of 22 its employees is entitled to under such section while work23 ing under the multiemployer collective bargaining agree24 ment, provided that the fund, plan, or program enables 25 employees to secure pay from such fund, plan, or program L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 38 1 based on hours they have worked under the multiemployer 2 collective bargaining agreement for paid leave taken under 3 section 102(a)(1)(F) of title I of the Family and Medical 4 Leave Act of 1993, as added by the Families First 5 Coronavirus Response Act. 6 (b) EMPLOYEES.—Employees who work under a mul- 7 tiemployer collective bargaining agreement into which 8 their employers make contributions as provided in sub9 section (a) may secure pay from such fund, plan, or pro10 gram based on hours they have worked under the multiem11 ployer collective bargaining agreement for paid leave taken 12 under section 102(a)(1)(F) of title I of the Family and 13 Medical Leave Act of 1993, as added by the Families First 14 Coronavirus Response Act. 15 SEC. 3104. SPECIAL RULE FOR CERTAIN EMPLOYERS. 16 An employer under 110(a)(B) shall not be subject to 17 section 107(a) for a violation of section 102(a)(1)(F) if 18 the employer does not meet the definition of employer set 19 forth at Section 101(4)(A)(i). 20 SEC. 3105. EFFECTIVE DATE. 21 This Act shall take effect not later than 15 days after 22 the date of enactment of this Act. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 39 4 DIVISION D—EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION AND ACCESS ACT OF 2020 5 SEC. 4101. SHORT TITLE. 1 2 3 6 This division may be cited as the ‘‘Emergency Unem- 7 ployment Insurance Stabilization and Access Act of 8 2020’’. 9 SEC. 4102. EMERGENCY TRANSFERS FOR UNEMPLOYMENT 10 COMPENSATION ADMINISTRATION. 11 (a) IN GENERAL.—Section 903 of the Social Security 12 Act (42 U.S.C. 1103) is amended by adding at the end 13 the following: 14 ‘‘Emergency Transfers in Fiscal Year 2020 for 15 Administration 16 ‘‘(h)(1)(A) In addition to any other amounts, the Sec- 17 retary of Labor shall provide for the making of emergency 18 administration grants in fiscal year 2020 to the accounts 19 of the States in the Unemployment Trust Fund, in accord20 ance with succeeding provisions of this subsection. 21 ‘‘(B) The amount of an emergency administration 22 grant with respect to a State shall, as determined by the 23 Secretary of Labor, be equal to the amount obtained by 24 multiplying $1,000,000,000 by the same ratio as would 25 apply under subsection (a)(2)(B) for purposes of deterL:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 40 1 mining such State’s share of any excess amount (as de2 scribed in subsection (a)(1)) that would have been subject 3 to transfer to State accounts, as of October 1, 2019, under 4 the provisions of subsection (a). 5 ‘‘(C) Of the emergency administration grant deter- 6 mined under subparagraph (B) with respect to a State— 7 ‘‘(i) not later than 60 days after the date of en- 8 actment of this subsection, 50 percent shall be 9 transferred to the account of such State upon a cer- 10 tification by the Secretary of Labor to the Secretary 11 of the Treasury that the State meets the require- 12 ments of paragraph (2); and 13 ‘‘(ii) only with respect to a State in which the 14 number of unemployment compensation claims has 15 increased by at least 10 percent over the same quar- 16 ter in the previous calendar year, the remainder 17 shall be transferred to the account of such State 18 upon a certification by the Secretary of Labor to the 19 Secretary of the Treasury that the State meets the 20 requirements of paragraph (3). 21 ‘‘(2) The requirements of this paragraph with respect 22 to a State are the following: 23 ‘‘(A) The State requires employers to provide 24 notification of the availability of unemployment com- 25 pensation to employees at the time of separation L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 41 1 from employment. Such notification may be based 2 on model notification language issued by the Sec- 3 retary of Labor. 4 ‘‘(B) The State ensures that applications for 5 unemployment compensation, and assistance with 6 the application process, are accessible in at least two 7 of the following: in-person, by phone, or online. 8 ‘‘(C) The State notifies applicants when an ap- 9 plication is received and is being processed, and in 10 any case in which an application is unable to be 11 processed, provides information about steps the ap- 12 plicant can take to ensure the successful processing 13 of the application. 14 ‘‘(3) The requirements of this paragraph with respect 15 to a State are the following: 16 ‘‘(A) The State has expressed its commitment 17 to maintain and strengthen access to the unemploy- 18 ment compensation system, including through initial 19 and continued claims. 20 ‘‘(B) The State has demonstrated steps it has 21 taken or will take to ease eligibility requirements 22 and access to unemployment compensation for claim- 23 ants, including waiving work search requirements 24 and the waiting week, and non-charging employers 25 directly impacted by COVID–19 due to an illness in L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 42 1 the workplace or direction from a public health offi- 2 cial to isolate or quarantine workers. 3 ‘‘(4) Any amount transferred to the account of a 4 State under this subsection may be used by such State 5 only for the administration of its unemployment com6 pensation law, including by taking such steps as may be 7 necessary to ensure adequate resources in periods of high 8 demand. 9 ‘‘(5) Not later than 1 year after the date of enact- 10 ment of the Emergency Unemployment Insurance Sta11 bilization and Access Act of 2020, each State receiving 12 emergency administration grant funding under paragraph 13 (1)(C)(i) shall submit to the Secretary of Labor, the Com14 mittee on Ways and Means of the House of Representa15 tives, and the Committee on Finance of the Senate, a re16 port that includes— 17 ‘‘(A) an analysis of the recipiency rate for un- 18 employment compensation in the State as such rate 19 has changed over time; 20 ‘‘(B) a description of steps the State intends to 21 take to increase such recipiency rate. 22 ‘‘(6)(A) Notwithstanding any other provision of law, 23 the Secretary of the Treasury shall transfer from the gen24 eral fund of the Treasury (from funds not otherwise ap25 propriated) to the employment security administration ac- L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 43 1 count (as established by section 901 of the Social Security 2 Act) such sums as the Secretary of Labor estimates to 3 be necessary for purposes of making the transfers de4 scribed in paragraph (1)(C). 5 ‘‘(B) There are appropriated from the general fund 6 of the Treasury, without fiscal year limitation, the sums 7 referred to in the preceding sentence and such sums shall 8 not be required to be repaid.’’. 9 (b) EMERGENCY FLEXIBILITY.—Notwithstanding 10 any other law, if a State modifies its unemployment com11 pensation law and policies with respect to work search, 12 waiting week, good cause, or employer experience rating 13 on an emergency temporary basis as needed to respond 14 to the spread of COVID–19, such modifications shall be 15 disregarded for the purposes of applying section 303 of 16 the Social Security Act and section 3304 of the Internal 17 Revenue Code of 1986 to such State law. 18 (c) REGULATIONS.—The Secretary of Labor may 19 prescribe any regulations, operating instructions, or other 20 guidance necessary to carry out the amendment made by 21 subsection (a). 22 SEC. 4103. TEMPORARY ASSISTANCE FOR STATES WITH AD- 23 VANCES. 24 Section 1202(b)(10)(A) of the Social Security Act 25 (42 U.S.C. 1322(b)(10)(A)) is amended by striking ‘‘be- L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 44 1 ginning on the date of enactment of this paragraph and 2 ending on December 31, 2010’’ and inserting ‘‘beginning 3 on the date of enactment of the Emergency Unemploy4 ment Insurance Stabilization and Access Act of 2020 and 5 ending on December 31, 2020’’. 6 SEC. 4104. TECHNICAL ASSISTANCE AND GUIDANCE FOR 7 SHORT-TIME COMPENSATION PROGRAMS. 8 The Secretary of Labor shall assist States in estab- 9 lishing, implementing, and improving the employer aware10 ness of short-time compensation programs (as defined in 11 section 3306(v) of the Internal Revenue Code of 1986) 12 to help avert layoffs, including by providing technical as13 sistance and guidance. 14 SEC. 4105. FULL FEDERAL FUNDING OF EXTENDED UNEM- 15 PLOYMENT COMPENSATION FOR A LIMITED 16 PERIOD. 17 (a) IN GENERAL.—In the case of sharable extended 18 compensation and sharable regular compensation paid for 19 weeks of unemployment beginning after the date of the 20 enactment of this section and before December 31, 2020 21 (and only with respect to States that receive emergency 22 administration grant funding under clauses (i) and (ii) of 23 section 903(h)(1)(C) of the Social Security Act (42 U.S.C. 24 1102(h)(1)(C))), section 204(a)(1) of the Federal-State 25 Extended Unemployment Compensation Act of 1970 (26 L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 45 1 U.S.C. 3304 note) shall be applied by substituting ‘‘100 2 percent of’’ for ‘‘one-half of’’. 3 (b) TEMPORARY FEDERAL MATCHING 4 FIRST WEEK OF EXTENDED BENEFITS FOR FOR THE STATES 5 WITH NO WAITING WEEK.—With respect to weeks of un6 employment beginning after the date of the enactment of 7 this Act and ending on or before December 31, 2020, sub8 paragraph (B) of section 204(a)(2) of the Federal-State 9 Extended Unemployment Compensation Act of 1970 (26 10 U.S.C. 3304 note) shall not apply. 11 (c) DEFINITIONS.—For purposes of this section— 12 (1) the terms ‘‘sharable extended compensa- 13 tion’’ and ‘‘sharable regular compensation’’ have the 14 respective meanings given such terms under section 15 204 of the Federal-State Extended Unemployment 16 Compensation Act of 1970; and 17 (2) the term ‘‘week’’ has the meaning given 18 such term under section 205 of the Federal-State 19 Extended Unemployment Compensation Act of 20 1970. 21 (d) REGULATIONS.—The Secretary of Labor may 22 prescribe any operating instructions or regulations nec23 essary to carry out this section. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 46 DIVISION E—EMERGENCY PAID SICK LEAVE ACT 1 2 3 SEC. 5101. SHORT TITLE. 4 This Act may be cited as the ‘‘Emergency Paid Sick 5 Leave Act’’. 6 SEC. 5102. PAID SICK TIME REQUIREMENT. 7 (a) IN GENERAL.—An employer shall provide to each 8 employee employed by the employer paid sick time for any 9 of the following uses: 10 (1) To self-isolate because the employee is diag- 11 nosed with coronavirus. 12 (2) To obtain a medical diagnosis or care if 13 such employee is experiencing the symptoms of 14 coronavirus. 15 (3) To comply with a recommendation or order 16 by a public official with jurisdiction or a health care 17 provider on the basis that the physical presence of 18 the employee on the job would jeopardize the health 19 of others because of— 20 (A) the exposure of the employee to 21 coronavirus; or 22 (B) exhibition of symptoms of coronavirus 23 by the employee. 24 (4) To care for or assist a family member of the 25 employee— L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 47 1 (A) who— 2 (i) is self-isolating because such family 3 member 4 coronavirus; or 5 (ii) is been diagnosed experiencing symptoms with of 6 coronavirus and needs to obtain medical 7 diagnosis or care. 8 (B) with respect to whom a public official 9 with jurisdiction or a health care provider 10 makes a determination that the presence of the 11 family member in the community would jeop- 12 ardize the health of other individuals in the 13 community because of— 14 (i) the exposure of such family mem- 15 ber to the coronavirus; or 16 (ii) 17 exhibition of symptoms of coronavirus by such family member. 18 (5) To care for the child of such employee if the 19 school or place of care has been closed, or the child 20 care provider of such child is unavailable, due to 21 coronavirus. 22 (b) DURATION OF PAID SICK TIME.— 23 (1) IN GENERAL.—An employee shall be enti- 24 tled to paid sick time for an amount of hours deter- 25 mined under paragraph (2). L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 has 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 48 1 (2) AMOUNT OF HOURS.—The amount of hours 2 of paid sick time to which an employee is entitled 3 shall be as follows: 4 (A) For full-time employees, 80 hours. 5 (B) For part-time employees, a number of 6 hours equal to the number of hours that such 7 employee works, on average, over a 2-week pe- 8 riod. 9 (3) CARRYOVER.—Paid sick time under this 10 section shall not carry over from 1 year to the next. 11 (c) EMPLOYER’S TERMINATION OF PAID SICK 12 TIME.—Paid sick time provided to an employee under this 13 Act shall cease beginning with the employee’s next sched14 uled workshift immediately following the termination of 15 the need for paid sick time under subsection (a). 16 (d) EMPLOYERS WITH EXISTING POLICIES.—With 17 respect to an employer that provides paid leave on the day 18 before the date of enactment of this Act— 19 (1) the paid sick time under this Act shall be 20 made available to employees of the employer in addi- 21 tion to such paid leave; and 22 (2) the employer may not change such paid 23 leave on or after such date of enactment to avoid 24 being subject to paragraph (1). L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 49 1 (e) PROHIBITION.—An employer may not require, as 2 a condition of providing paid sick time under this Act, that 3 the employee involved search for or find a replacement em4 ployee to cover the hours during which the employee is 5 using paid sick time. 6 (f) USE OF PAID SICK TIME.— 7 (1) IN GENERAL.—The paid sick time under 8 subsection (a) shall be available for immediate use 9 by the employee for the purposes described in such 10 subsection, regardless of how long the employee has 11 been employed by an employer. 12 (2) SEQUENCING.— 13 (A) IN GENERAL.—An employee may first 14 use the paid sick time under subsection (a) for 15 the purposes described in such subsection. 16 (B) PROHIBITION.—An employer may not 17 require an employee to use other paid leave pro- 18 vided by the employer to the employee before 19 the employee uses the paid sick time under sub- 20 section (a). 21 SEC. 5103. NOTICE. 22 (a) IN GENERAL.—Each employer shall post and 23 keep posted, in conspicuous places on the premises of the 24 employer where notices to employees are customarily post- L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 50 1 ed, a notice, to be prepared or approved by the Secretary 2 of Labor, of the requirements described in this Act. 3 (b) MODEL NOTICE.—Not later than 7 days after the 4 date of enactment of this Act, the Secretary of Labor shall 5 make publicly available a model of a notice that meets the 6 requirements of subsection (a). 7 SEC. 5104. PROHIBITED ACTS. 8 It shall be unlawful for any employer to discharge, 9 discipline, or in any other manner discriminate against 10 any employee who— 11 (1) takes leave in accordance with this Act; and 12 (2) has filed any complaint or instituted or 13 caused to be instituted any proceeding under or re- 14 lated to this Act (including a proceeding that seeks 15 enforcement of this Act), or has testified or is about 16 to testify in any such proceeding. 17 SEC. 5105. ENFORCEMENT. 18 (a) UNPAID SICK LEAVE.—An employer who violates 19 section 2 shall— 20 (1) be considered to have failed to pay min- 21 imum wages in violation of section 6 of the Fair 22 Labor Standards Act of 1938 (29 U.S.C. 206); and 23 (2) be subject to the penalties described in sec- 24 tions 16 and 17 of such Act (29 U.S.C. 216; 217) 25 with respect to such violation. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 51 1 (b) UNLAWFUL TERMINATION.—An employer who 2 willfully violates section 4 shall— 3 (1) be considered to be in violation of section 4 15(a)(3) of the Fair Labor Standards Act of 1938 5 (29 U.S.C. 215(a)(3)); and 6 (2) be subject to the penalties described in sec- 7 tions 16 and 17 of such Act (29 U.S.C. 216; 217) 8 with respect to such violation. 9 SEC. 5106. EMPLOYMENT UNDER MULTI-EMPLOYER BAR- 10 GAINING AGREEMENTS. 11 (a) EMPLOYERS.—An employer signatory to a multi- 12 employer collective bargaining agreement may, consistent 13 with its bargaining obligations and its collective bar14 gaining agreement, fulfill its obligations under this Act by 15 making contributions to a multiemployer fund, plan, or 16 program based on the hours of paid sick time each of its 17 employees is entitled to under this Act while working 18 under the multiemployer collective bargaining agreement, 19 provided that the fund, plan, or program enables employ20 ees to secure pay from such fund, plan, or program based 21 on hours they have worked under the multiemployer collec22 tive bargaining agreement and for the uses specified under 23 section 2(a). 24 (b) EMPLOYEES.—Employees who work under a mul- 25 tiemployer collective bargaining agreement into which L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 52 1 their employers make contributions as provided in sub2 section (a) may secure pay from such fund, plan, or pro3 gram based on hours they have worked under the multiem4 ployer collective bargaining agreement for the uses speci5 fied in section 2(a). 6 SEC. 5107. RULES OF CONSTRUCTION. 7 Nothing in this Act shall be construed— 8 (1) to in any way diminish the rights or bene- 9 fits that an employee is entitled to under any— 10 (A) other Federal, State, or local law; 11 (B) collective bargaining agreement; or 12 (C) existing employer policy; or 13 (2) to require financial or other reimbursement 14 to an employee from an employer upon the employ- 15 ee’s termination, resignation, retirement, or other 16 separation from employment for paid sick time 17 under this Act that has not been used by such em- 18 ployee. 19 SEC. 5108. EFFECTIVE DATE. 20 This Act, and the requirements under this Act, shall 21 take effect not later than 15 days after the date of enact22 ment of this Act. 23 SEC. 5109. SUNSET. 24 This Act, and the requirements under this Act, shall 25 expire on December 31, 2020. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 53 1 SEC. 5110. DEFINITIONS. 2 For purposes of the Act: 3 (1) CHILD.—The term ‘‘child’’ means a biologi- 4 cal, foster, or adopted child, a stepchild, a child of 5 a domestic partner, a legal ward, or a child of a per- 6 son standing in loco parentis under 18 years of age. 7 (2) CORONAVIRUS.—The term ‘‘coronavirus’’ 8 has the meaning given the term in section 506 of the 9 Coronavirus Preparedness and Response Supple- 10 mental Appropriations Act, 2020. 11 (3) DOMESTIC 12 (A) IN GENERAL.—The term ‘‘domestic 13 partner’’, with respect to an individual, means 14 another individual with whom the individual is 15 in a committed relationship. 16 (B) 17 FINED.—The 18 means a relationship between 2 individuals, 19 each at least 18 years of age, in which each in- 20 dividual is the other individual’s sole domestic 21 partner and both individuals share responsi- 22 bility for a significant measure of each other’s 23 common welfare. The term includes any such 24 relationship between 2 individuals that is grant- 25 ed legal recognition by a State or political sub- 26 division of a State as a marriage or analogous L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 PARTNER.— 22:45 Mar 13, 2020 Jkt 000000 COMMITTED RELATIONSHIP DE- term ‘‘committed relationship’’ (758530 1) PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 54 1 relationship, including a civil union or domestic 2 partnership. 3 (4) EMPLOYEE.—The terms ‘‘employee’’ means 4 an individual who is— 5 (A)(i) an employee, as defined in section 6 3(e) of the Fair Labor Standards Act of 1938 7 (29 U.S.C. 203(e)), who is not covered under 8 subparagraph (E) or (F), including such an em- 9 ployee of the Library of Congress, except that 10 a reference in such section to an employer shall 11 be considered to be a reference to an employer 12 described in clauses (i)(I) and (ii) of paragraph 13 (5)(A); or 14 (ii) an employee of the Government Ac- 15 countability Office; 16 (B) a State employee described in section 17 304(a) of the Government Employee Rights Act 18 of 1991 (42 U.S.C. 2000e–16c(a)); 19 (C) a covered employee, as defined in sec- 20 tion 101 of the Congressional Accountability 21 Act of 1995 (2 U.S.C. 1301), other than an ap- 22 plicant for employment; 23 (D) a covered employee, as defined in sec- 24 tion 411(c) of title 3, United States Code; L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 55 1 (E) a Federal officer or employee covered 2 under subchapter V of chapter 63 of title 5, 3 United States Code; or 4 (F) any other individual occupying a posi- 5 tion in the civil service (as that term is defined 6 in section 2101(1) of title 5, United States 7 Code). 8 (5) EMPLOYER.— 9 (A) IN 10 term ‘‘employer’’ means a person who is— 11 (i)(I) a covered employer, as defined 12 in subparagraph (B), who is not covered 13 under subclause (V); 14 (II) an entity employing a State em- 15 ployee described in section 304(a) of the 16 Government Employee Rights Act of 1991; 17 (III) an employing office, as defined 18 in section 101 of the Congressional Ac- 19 countability Act of 1995; 20 (IV) an employing office, as defined in 21 section 411(c) of title 3, United States 22 Code; or 23 (V) an Executive Agency as defined in 24 section 105 of title 5, United States Code, L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 GENERAL.—The 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 56 1 and including the U.S. Postal Service and 2 the Postal Regulatory Commission; and 3 (ii) engaged in commerce (including 4 government), or an industry or activity af- 5 fecting commerce (including government), 6 as defined in subparagraph (B)(iii). 7 (B) COVERED 8 (i) IN 9 GENERAL.—In subparagraph (A)(i)(I), the term ‘‘covered employer’’— 10 (I) means any person engaged in 11 commerce or in any industry or activ- 12 ity affecting commerce that— 13 (aa) in the case of a private 14 entity 15 fewer than 500 employees; and or individual, employs 16 (bb) in the case of a public 17 agency or any other entity that is 18 not a private entity or individual, 19 employs 1 or more employees; 20 (II) includes— 21 (aa) includes any person act- 22 ing directly or indirectly in the 23 interest of an employer in rela- 24 tion to an employee (within the 25 meaning of such phrase in sec- L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 EMPLOYER.— 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 57 1 tion 3(d) of the Fair Labor 2 Standards 3 U.S.C. 203(d)); and 4 of 1938 (29 (bb) any successor in inter- 5 est of an employer; 6 (III) includes any ‘‘public agen- 7 cy’’, as defined in section 3(x) of the 8 Fair Labor Standards Act of 1938 9 (29 U.S.C. 203(x)); and 10 (IV) includes the Government 11 Accountability Office and the Library 12 of Congress. 13 (ii) PUBLIC AGENCY.—For purposes 14 of clause (i)(IV), a public agency shall be 15 considered to be a person engaged in com- 16 merce or in an industry or activity affect- 17 ing commerce. 18 (iii) DEFINITIONS.—For purposes of 19 this subparagraph: 20 (I) COMMERCE.—The terms 21 ‘‘commerce’’ and ‘‘industry or activity 22 affecting commerce’’ means any activ- 23 ity, business, or industry in commerce 24 or in which a labor dispute would 25 hinder or obstruct commerce or the L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 Act 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 58 1 free flow of commerce, and include 2 ‘‘commerce’’ and any ‘‘industry affect- 3 ing commerce’’, as defined in para- 4 graphs (1) and (3) of section 501 of 5 the Labor Management Relations Act 6 of 1947 (29 U.S.C. 142 (1) and (3)). 7 (II) EMPLOYEE.—The term ‘‘em- 8 ployee’’ has the same meaning given 9 such term in section 3(e) of the Fair 10 Labor Standards Act of 1938 (29 11 U.S.C. 203(e)). 12 (III) PERSON.—The term ‘‘per- 13 son’’ has the same meaning given 14 such term in section 3(a) of the Fair 15 Labor Standards Act of 1938 (29 16 U.S.C. 203(a)). 17 (6) FAMILY term ‘‘family mem- 18 ber’’, with respect to an employee, means any of the 19 following: 20 (A) A parent of the employee. 21 (B) A spouse of the employee. 22 (C) A child of the employee. 23 (D) An individual who is a pregnant 24 woman, senior citizen, individual with a dis- L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 MEMBER.—The 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 59 1 ability, or has access or functional needs and 2 who is— 3 (i) a sibling of the employee; 4 (ii) a next of kin of the employee or 5 a person for whom the employee is next of 6 kin; or 7 (iii) a grandparent or grandchild of 8 the employee. 9 (7) FLSA terms ‘‘employ’’ and 10 ‘‘State’’ have the meanings given such terms in sec- 11 tion 3 of the Fair Labor Standards Act of 1938 (29 12 U.S.C. 203). 13 (8) FMLA TERMS.—The terms ‘‘health care 14 provider’’ and ‘‘next of kin’’ have the meanings 15 given such terms in section 101 of the Family and 16 Medical Leave Act of 1993 (29 U.S.C. 2611). 17 (9) PAID 18 SICK TIME.— (A) IN GENERAL.—The term ‘‘paid sick 19 time’’ means an increment of compensated leave 20 that— 21 (i) is provided by an employer for use 22 during an absence from employment for a 23 reason described in any paragraph of sec- 24 tion 2(a); and L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 TERMS.—The 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 60 1 (ii) is calculated based on the employ- 2 ee’s required compensation under subpara- 3 graph (B) and the number of hours the 4 employee would otherwise be normally 5 scheduled to work (or the number of hours 6 calculated under subparagraph (C)). 7 (B) REQUIRED 8 (i) IN GENERAL.—The employee’s re- 9 quired compensation under this subpara- 10 graph (B) shall be not less than the great- 11 er of the following: 12 (I) The employee’s regular rate 13 of pay (as determined under section 14 7(e) of the Fair Labor Standards Act 15 of 1938 (29 U.S.C. 207(e)). 16 (II) The minimum wage rate in 17 effect under section 6(a)(1) of the 18 Fair Labor Standards Act of 1938 19 (29 U.S.C. 206(a)(1)). 20 (III) The minimum wage rate in 21 effect for such employee in the appli- 22 cable State or locality, whichever is 23 greater, in which the employee is em- 24 ployed. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 COMPENSATION.— 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 61 1 (ii) SPECIAL 2 ILY MEMBERS.—With 3 sick time provided for any use described in 4 paragraph (a)(4) or (a)(5), the employee’s 5 required compensation under this subpara- 6 graph (B) shall be two-thirds of the 7 amount described in clause (B)(i). 8 (C) VARYING 9 TION.—In respect to any paid SCHEDULE HOURS CALCULA- the case of a part-time employee de- 10 scribed in section 2(b)(2)(B) whose schedule 11 varies from week to week to such an extent that 12 an employer is unable to determine with cer- 13 tainty the number of hours the employee would 14 have worked if such employee had not taken 15 paid sick time under section 2(a), the employer 16 shall use the following in place of such number: 17 (i) Subject to clause (ii), a number 18 equal to the average number of hours that 19 the employee was scheduled per day over 20 the 6-month period ending on the date on 21 which the employee takes the paid sick 22 time, including hours for which the em- 23 ployee took leave of any type. 24 (ii) If the employee did not work over 25 such period, the reasonable expectation of L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 RULE FOR CARE OF FAM- 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 62 1 the employee at the time of hiring of the 2 average number of hours per day that the 3 employee would normally be scheduled to 4 work. 5 (D) GUIDELINES.—Not later than 15 days 6 after the date of the enactment of this Act, the 7 Secretary of Labor shall issue guidelines to as- 8 sist employers in calculating the amount of paid 9 sick time under subparagraph (A). 10 (E) REASONABLE the first 11 workday (or portion thereof) an employee re- 12 ceives paid sick time under this Act, an em- 13 ployer may require the employee to follow rea- 14 sonable notice procedures in order to continue 15 receiving such paid sick time. 16 (10) PARENT.—The term ‘‘parent’’, with re- 17 spect to an employee, means any of the following: 18 (A) A biological, foster, or adoptive parent 19 of the employee. 20 (B) A stepparent of the employee. 21 (C) A parent-in-law of the employee. 22 (D) A parent of a domestic partner of the 23 employee. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 NOTICE.—After 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 63 1 (E) A legal guardian or other person who 2 stood in loco parentis to an employee when the 3 employee was a child. 4 (11) PUBLIC HEALTH EMERGENCY.—The term 5 ‘‘public health emergency’’ means an emergency with 6 respect to coronavirus declared by a Federal, State, 7 or local authority. 8 (12) SPOUSE.—The term ‘‘spouse’’ has the 9 meaning given such term in section 101 of the Fam- 10 ily and Medical Leave Act of 1993 (29 U.S.C. 11 2611), except that such term also includes a ‘‘do- 12 mestic partner’’. 14 DIVISION F—HEALTH PROVISIONS 15 SEC. 6001. COVERAGE OF TESTING FOR COVID–19. 13 16 (a) IN GENERAL.—A group health plan and a health 17 insurance issuer offering group or individual health insur18 ance coverage (including a grandfathered health plan (as 19 defined in section 1251(e) of the Patient Protection and 20 Affordable Care Act)) shall provide coverage, and shall not 21 impose any cost sharing (including deductibles, copay22 ments, and coinsurance) requirements or prior authoriza23 tion or other medical management requirements, for the 24 following items and services furnished during any portion 25 of the emergency period defined in paragraph (1)(B) of L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 64 1 section 1135(g) of the Social Security Act (42 U.S.C. 2 1320b–5(g)) beginning on or after the date of the enact3 ment of this Act: 4 (1) In vitro diagnostic products (as defined in 5 section 809.3(a) of title 21, Code of Federal Regula- 6 tions) for the detection of SARS–CoV–2 or the diag- 7 nosis of the virus that causes COVID–19 that are 8 approved, cleared, or authorized under section 9 510(k), 513, 515 or 564 of the Federal Food, Drug, 10 and Cosmetic Act, and the administration of such in 11 vitro diagnostic products. 12 (2) Items and services furnished to an indi- 13 vidual during health care provider office visits, ur- 14 gent care center visits, and emergency room visits 15 that result in an order for or administration of an 16 in vitro diagnostic product described in paragraph 17 (1), but only to the extent such items and services 18 relate to the furnishing or administration of such 19 product or to the evaluation of such individual for 20 purposes of determining the need of such individual 21 for such product. 22 (b) ENFORCEMENT.—The provisions of subsection 23 (a) shall be applied by the Secretary of Health and Human 24 Services, Secretary of Labor, and Secretary of the Treas25 ury to group health plans and health insurance issuers of- L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 65 1 fering group or individual health insurance coverage as if 2 included in the provisions of part A of title XXVII of the 3 Public Health Service Act, part 7 of the Employee Retire4 ment Income Security Act of 1974, and subchapter B of 5 chapter 100 of the Internal Revenue Code of 1986, as ap6 plicable. 7 (c) IMPLEMENTATION.—The Secretary of Health and 8 Human Services, Secretary of Labor, and Secretary of the 9 Treasury may implement the provisions of this section 10 through sub-regulatory guidance, program instruction or 11 otherwise. 12 (d) TERMS.—The terms ‘‘group health plan’’; ‘‘health 13 insurance issuer’’; ‘‘group health insurance coverage’’, and 14 ‘‘individual health insurance coverage’’ have the meanings 15 given such terms in section 2791 of the Public Health 16 Service Act (42 U.S.C. 300gg–91), section 733 of the Em17 ployee Retirement Income Security Act of 1974 (29 18 U.S.C. 1191b), and section 9832 of the Internal Revenue 19 Code of 1986, as applicable. 20 SEC. 6002. WAIVING COST SHARING UNDER THE MEDICARE 21 PROGRAM FOR CERTAIN VISITS RELATING 22 TO TESTING FOR COVID–19. 23 (a) IN GENERAL.—Section 1833 of the Social Secu- 24 rity Act (42 U.S.C. 1395l) is amended— 25 (1) in subsection (a)(1)— L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 66 1 (A) by striking ‘‘and’’ before ‘‘(CC)’’; and 2 (B) by inserting before the period at the 3 end the following: ‘‘, and (DD) with respect to 4 a specified COVID–19 testing-related service 5 described in paragraph (1) of subsection (cc) 6 for which payment may be made under a speci- 7 fied outpatient payment provision described in 8 paragraph (2) of such subsection, the amounts 9 paid shall be 100 percent of the payment 10 amount otherwise recognized under such respec- 11 tive specified outpatient payment provision for 12 such service,’’; 13 (2) in subsection (b), in the first sentence— 14 (A) by striking ‘‘and’’ before ‘‘(10)’’; and 15 (B) by inserting before the period at the 16 end the following: ‘‘, and (11) such deductible 17 shall not apply with respect to any specified 18 COVID–19 testing-related service described in 19 paragraph (1) of subsection (cc) for which pay- 20 ment may be made under a specified outpatient 21 payment provision described in paragraph (2) 22 of such subsection’’; and 23 (3) by adding at the end the following new sub- 24 section: L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 67 1 ‘‘(cc) SPECIFIED COVID–19 TESTING-RELATED 2 SERVICES.—For purposes of subsection (a)(1)(DD): 3 ‘‘(1) DESCRIPTION.— 4 ‘‘(A) IN specified COVID– 5 19 testing-related service described in this para- 6 graph is a medical visit that— 7 ‘‘(i) is in any of the categories of 8 HCPCS evaluation and management serv- 9 ice codes described in subparagraph (B); 10 ‘‘(ii) is furnished during any portion 11 of the emergency period (as defined in sec- 12 tion 1135(g)(1)(B)) (beginning on or after 13 the date of enactment of this subsection); 14 ‘‘(iii) results in an order for or admin- 15 istration of a clinical diagnostic laboratory 16 test 17 1852(a)(1)(B)(iv)(IV); and described in section 18 ‘‘(iv) relates to the furnishing or ad- 19 ministration of such test or to the evalua- 20 tion of such individual for purposes of de- 21 termining the need of such individual for 22 such test. 23 ‘‘(B) CATEGORIES 24 22:45 Mar 13, 2020 OF HCPCS CODES.—For purposes of subparagraph (A), the categories of L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 GENERAL.—A Jkt 000000 (758530 1) PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 68 1 HCPCS evaluation and management services 2 codes are the following: 3 ‘‘(i) Office and other outpatient serv- 4 ices. 5 ‘‘(ii) Hospital observation services. 6 ‘‘(iii) Emergency department services. 7 ‘‘(iv) Nursing facility services. 8 ‘‘(v) Domiciliary, rest home, or custo- 9 dial care services. 10 ‘‘(vi) Home services. 11 ‘‘(2) SPECIFIED 12 SION.—A 13 scribed in this paragraph is any of the following: 14 specified outpatient payment provision de- ‘‘(A) The hospital outpatient prospective 15 payment system under subsection (t). 16 ‘‘(B) The physician fee schedule under sec- 17 tion 1848. 18 ‘‘(C) The prospective payment system de- 19 veloped under section 1834(o). 20 ‘‘(D) Section 1834(g), with respect to an 21 outpatient critical access hospital service. 22 ‘‘(E) The payment basis determined in 23 regulations pursuant to section 1833(a)(3) for 24 rural health clinic services.’’. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 OUTPATIENT PAYMENT PROVI- 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 69 1 (b) CLAIMS MODIFIER.—The Secretary of Health 2 and Human Services shall provide for an appropriate 3 modifier (or other identifier) to include on claims to iden4 tify, for purposes of subparagraph (DD) of section 5 1833(a)(1), as added by subsection (a), specified COVID– 6 19 testing-related services described in paragraph (1) of 7 section 1833(cc) of the Social Security Act, as added by 8 subsection (a), for which payment may be made under a 9 specified outpatient payment provision described in para10 graph (2) of such subsection. 11 (c) IMPLEMENTATION.—Notwithstanding any other 12 provision of law, the Secretary of Health and Human 13 Services may implement the provisions of, including 14 amendments made by, this section through program in15 struction or otherwise. 16 SECTION 6003. COVERAGE OF TESTING FOR COVID–19 AT 17 NO COST SHARING UNDER THE MEDICARE 18 ADVANTAGE PROGRAM. 19 (a) IN GENERAL.—Section 1852(a)(1)(B) of the So- 20 cial Security Act (42 U.S.C. 1395w–22(a)(1)(B)) is 21 amended— 22 (1) in clause (iv)— 23 (A) by redesignating subclause (IV) as 24 subclause (VI); and L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 70 1 (B) by inserting after subclause (III) the 2 following new subclauses: 3 ‘‘(IV) Clinical diagnostic labora- 4 tory test administered during any por- 5 tion of the emergency period defined 6 in 7 1135(g) beginning on or after the 8 date of the enactment of the Families 9 First Coronavirus Response Act for 10 the detection of SARS–CoV–2 or the 11 diagnosis of the virus that causes 12 COVID–19 and the administration of 13 such test. (1)(B) of section 14 ‘‘(V) Specified COVID–19 test- 15 ing-related services (as described in 16 section 1833(cc)(1)) for which pay- 17 ment would be payable under a speci- 18 fied outpatient payment provision de- 19 scribed in section 1833(cc)(2).’’; 20 (2) in clause (v), by inserting ‘‘, other than sub- 21 clauses (IV) and (V) of such clause,’’ after ‘‘clause 22 (iv)’’; and 23 (3) by adding at the end the following new 24 clause: L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 paragraph 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 71 1 ‘‘(vi) PROHIBITION OF APPLICATION 2 OF CERTAIN REQUIREMENTS FOR COVID–19 3 TESTING.—In 4 service described in subclause (IV) or (V), 5 respectively, of clause (iv) that is adminis- 6 tered or furnished during any portion of 7 the emergency period described in such 8 subclause beginning on or after the date of 9 the enactment of this clause, an MA plan 10 may not impose any prior authorization or 11 other utilization management requirements 12 with respect to the coverage of such a 13 product or service under such plan.’’. 14 the case of a product or (b) IMPLEMENTATION.—Notwithstanding any other 15 provision of law, the Secretary of Health and Human 16 Services may implement the amendments made by this 17 section by program instruction or otherwise. 18 SECTION 6004. COVERAGE AT NO COST SHARING OF 19 COVID–19 TESTING UNDER MEDICAID AND 20 CHIP. 21 (a) MEDICAID.— 22 (1) IN 1905(a)(3) of the 23 Social Security Act (42 U.S.C. 1396d(a)(3)) is 24 amended— L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 GENERAL.—Section 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 72 1 (A) by striking ‘‘other laboratory’’ and in- 2 serting ‘‘(A) other laboratory’’; 3 (B) by inserting ‘‘and’’ after the semicolon; 4 and 5 (C) by adding at the end the following new 6 subparagraph: 7 ‘‘(B) in vitro diagnostic products (as defined in 8 section 809.3(a) of title 21, Code of Federal Regula- 9 tions) administered during any portion of the emer- 10 gency period defined in paragraph (1)(B) of section 11 1135(g) beginning on or after the date of the enact- 12 ment of this subparagraph for the detection of 13 SARS–CoV–2 or the diagnosis of the virus that 14 causes COVID–19 that are approved, cleared, or au- 15 thorized under section 510(k), 513, 515 or 564 of 16 the Federal Food, Drug, and Cosmetic Act, and the 17 administration of such in vitro diagnostic products;’’. 18 (2) NO 19 (A) IN GENERAL.—Subsections (a)(2) and 20 (b)(2) of section 1916 of the Social Security 21 Act (42 U.S.C. 1396o) are each amended— 22 (i) in subparagraph (D), by striking 23 ‘‘or’’ at the end; 24 (ii) in subparagraph (E), by striking 25 ‘‘; and’’ and inserting a comma; and L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 COST SHARING.— 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 73 1 (iii) by adding at the end the fol- 2 lowing new subparagraphs: 3 ‘‘(F) any in vitro diagnostic product de- 4 scribed in section 1905(a)(3)(B) that is admin- 5 istered during any portion of the emergency pe- 6 riod described in such section beginning on or 7 after the date of the enactment of this subpara- 8 graph (and the administration of such product), 9 or 10 ‘‘(G) COVID–19 testing-related services 11 for which payment may be made under the 12 State plan; and’’. 13 (B) APPLICATION 14 SHARING.—Section 15 cial Security Act (42 U.S.C. 1396o–1(b)(3)(B)) 16 is amended by adding at the end the following 17 new clause: 1916A(b)(3)(B) of the So- 18 ‘‘(xi) Any in vitro diagnostic product 19 described in section 1905(a)(3)(B) that is 20 administered during any portion of the 21 emergency period described in such section 22 beginning on or after the date of the enact- 23 ment of this clause (and the administration 24 of such product) and any visit described in L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 TO ALTERNATIVE COST 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 74 1 section 1916(a)(2)(G) that is furnished 2 during any such portion.’’. 3 (C) CLARIFICATION.—The 4 made this paragraph shall apply with respect to 5 a State plan of a territory in the same manner 6 as a State plan of one of the 50 States. 7 (3) STATE 8 OPTION TO PROVIDE COVERAGE FOR UNINSURED INDIVIDUALS.— 9 (A) IN GENERAL.—Section 10 the 11 1396a(a)(10)) is amended— Social 12 Security 1902(a)(10) of Act (42 U.S.C. (i) in subparagraph (A)(ii)— 13 (I) in subclause (XXI), by strik- 14 ing ‘‘or’’ at the end; 15 (II) in subclause (XXII), by add- 16 ing ‘‘or’’ at the end; and 17 (III) by adding at the end the 18 following new subclause: 19 ‘‘(XXIII) during any portion of 20 the emergency period defined in para- 21 graph (1)(B) of section 1135(g) be- 22 ginning on or after the date of the en- 23 actment of this subclause, who are un- 24 insured individuals (as defined in sub- 25 section (ss));’’; and L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 amendments 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 75 1 (ii) in the matter following subpara- 2 graph (G)— 3 (I) by striking ‘‘and (XVII)’’ and 4 inserting ‘‘, (XVII)’’; and 5 (II) by inserting after ‘‘instead of 6 through subclause (VIII)’’ the fol- 7 lowing: ‘‘, and (XVIII) the medical as- 8 sistance made available to an unin- 9 sured individual (as defined in sub- 10 section (ss)) who is eligible for med- 11 ical assistance only because of sub- 12 paragraph (A)(ii)(XXIII) shall be lim- 13 ited to medical assistance for any in 14 vitro diagnostic product described in 15 section 1905(a)(3)(B) that is adminis- 16 tered during any portion of the emer- 17 gency period described in such section 18 beginning on or after the date of the 19 enactment of this subclause (and the 20 administration of such product) and 21 any 22 1916(a)(2)(G) that is furnished dur- 23 ing any such portion’’. 24 (B) RECEIPT 25 22:45 Mar 13, 2020 described in section AND INITIAL PROCESSING OF APPLICATIONS AT CERTAIN LOCATIONS.—Sec- L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 visit Jkt 000000 (758530 1) PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 76 1 tion 1902(a)(55) of the Social Security Act (42 2 U.S.C. 1396a(a)(55)) is amended, in the matter 3 preceding subparagraph (A), by striking ‘‘or 4 (a)(10)(A)(ii)(IX)’’ 5 ‘‘(a)(10)(A)(ii)(IX), or (a)(10)(A)(ii)(XXIII)’’. 6 and (C) UNINSURED inserting INDIVIDUAL DEFINED.— 7 Section 1902 of the Social Security Act (42 8 U.S.C. 1396a) is amended by adding at the end 9 the following new subsection: 10 ‘‘(ss) UNINSURED INDIVIDUAL DEFINED.—For pur- 11 poses of this section, the term ‘uninsured individual’ 12 means, notwithstanding any other provision of this title, 13 any individual who is— 14 ‘‘(1) not described in subsection (a)(10)(A)(i); 15 and 16 ‘‘(2) not enrolled in a Federal health care pro- 17 gram (as defined in section 1128B(f)), a group 18 health plan, group or individual health insurance 19 coverage offered by a health insurance issuer (as 20 such terms are defined in section 2791 of the Public 21 Health Service Act), or a health plan offered under 22 chapter 89 of title 5, United States Code.’’. 23 (D) FEDERAL MEDICAL ASSISTANCE PER- 24 CENTAGE.—Section 1905(b) of the Social Secu- 25 rity Act (42 U.S.C. 1396d(b)) is amended by L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 77 1 adding at the end the following new sentence: 2 ‘‘Notwithstanding the first sentence of this sub- 3 section, the Federal medical assistance percent- 4 age shall be 100 per centum with respect to 5 (and, notwithstanding any other provision of 6 this title, available for) medical assistance pro- 7 vided to uninsured individuals (as defined in 8 section 1902(ss)) who are eligible for such as- 9 sistance on the basis of section 10 1902(a)(10)(A)(ii)(XXIII) and with respect to 11 expenditures described in section 1903(a)(7) 12 that a State demonstrates to the satisfaction of 13 the Secretary are attributable to administrative 14 costs related to providing for such medical as- 15 sistance to such individuals under the State 16 plan.’’. 17 (b) CHIP.— 18 (1) IN GENERAL.—Section 2103(c) of the So- 19 cial Security Act (42 U.S.C. 1397cc(c)) is amended 20 by adding at the end the following paragraph: 21 ‘‘(9) CERTAIN IN VITRO DIAGNOSTIC PRODUCTS 22 FOR COVID–19 TESTING.—The 23 ance provided to a targeted low-income child shall 24 include coverage of any in vitro diagnostic product 25 described in section 1905(a)(3)(B) that is adminis- L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 only 22:45 Mar 13, 2020 Jkt 000000 child health assist- (758530 1) PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 78 1 tered during any portion of the emergency period de- 2 scribed in such section beginning on or after the 3 date of the enactment of this subparagraph (and the 4 administration of such product).’’. 5 (2) COVERAGE 6 PREGNANT WOMEN.—Section 7 cial Security Act (42 U.S.C. 1397ll(b)(4)) is amend- 8 ed by inserting ‘‘under section 2103(c)’’ after ‘‘same 9 requirements’’. 10 (3) PROHIBITION 2112(b)(4) of the So- OF COST SHARING.—Section 11 2103(e)(2) of the Social Security Act (42 U.S.C. 12 1397cc(e)(2)) is amended— 13 (A) in the paragraph header, by inserting 14 ‘‘, 15 RELATED ASSISTANCE’’; COVID–19 TESTING,’’ before ‘‘OR PREGNANCY- and 16 (B) by striking ‘‘category of services de- 17 scribed in subsection (c)(1)(D) or’’ and insert- 18 ing ‘‘categories of services described in sub- 19 section (c)(1)(D), in vitro diagnostic products 20 described in subsection (c)(9) (and administra- 21 tion of such products), visits described in sec- 22 tion 1916(a)(2)(G), or’’. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 FOR TARGETED LOW-INCOME 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 79 1 SEC. 6005. TREATMENT OF PERSONAL RESPIRATORY PRO- 2 TECTIVE DEVICES AS COVERED COUNTER- 3 MEASURES. 4 Section 319F–3(i)(1) of the Public Health Service 5 Act (42 U.S.C. 247d–6d(i)(1)) is amended— 6 (1) in subparagraph (B), by striking ‘‘or’’ at 7 the end; and 8 (2) in subparagraph (C), by striking the period 9 at the end and inserting ‘‘; or’’; and 10 (3) by adding at the end the following new sub- 11 paragraph: 12 ‘‘(D) a personal respiratory protective de- 13 vice that is— 14 ‘‘(i) approved by the National Insti- 15 tute for Occupational Safety and Health 16 under part 84 of title 42, Code of Federal 17 Regulations (or successor regulations); 18 ‘‘(ii) subject to the emergency use au- 19 thorization issued by the Secretary on 20 March 2, 2020, or subsequent emergency 21 use authorizations, pursuant to section 564 22 of the Federal Food, Drug, and Cosmetic 23 Act (authorizing emergency use of personal 24 respiratory protective devices during the 25 COVID–19 outbreak); and L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 80 1 ‘‘(iii) used during the period begin- 2 ning on January 27, 2020, and ending on 3 October 1, 2024, in response to the public 4 health emergency declared on January 31, 5 2020, pursuant to section 319 as a result 6 of 7 Coronavirus (2019-nCoV).’’. 8 SEC. 6006. APPLICATION WITH RESPECT TO TRICARE, COV- 9 ERAGE FOR VETERANS, AND COVERAGE FOR 10 confirmed cases of 2019 Novel FEDERAL CIVILIANS. 11 (a) TRICARE.—The Secretary of Defense may not re- 12 quire any copayment or other cost sharing under chapter 13 55 of title 10, United States Code, for in vitro diagnostic 14 products described in paragraph (1) of section 6001(a) (or 15 the administration of such products) or visits described 16 in paragraph (2) of such section furnished during any por17 tion of the emergency period defined in paragraph (1)(B) 18 of section 1135(g) of the Social Security Act (42 U.S.C. 19 1320b–5(g)) beginning on or after the date of the enact20 ment of this Act. 21 (b) VETERANS.—The Secretary of Veterans Affairs 22 may not require any copayment or other cost sharing 23 under chapter 17 of title 38, United States Code, for in 24 vitro diagnostic products described in paragraph (1) of 25 section 6001(a) (or the administration of such products) L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 81 1 or visits described in paragraph (2) of such section fur2 nished during any portion of the emergency period defined 3 in paragraph (1)(B) of section 1135(g) of the Social Secu4 rity Act (42 U.S.C. 1320b–5(g)) beginning on or after the 5 date of the enactment of this Act. 6 (c) FEDERAL CIVILIANS.—No copayment or other 7 cost sharing may be required for any individual occupying 8 a position in the civil service (as that term is defined in 9 section 2101(1) of title 5, United States Code) enrolled 10 in a health benefits plan, including any plan under chapter 11 89 of title 5, United States Code, or for any other indi12 vidual currently enrolled in any plan under chapter 89 of 13 title 5 for in vitro diagnostic products described in para14 graph (1) of section 6001(a) (or the administration of 15 such products) or visits described in paragraph (2) of such 16 section furnished during any portion of the emergency pe17 riod defined in paragraph (1)(B) of section 1135(g) of the 18 Social Security Act (42 U.S.C. 1320b–5(g)) beginning on 19 or after the date of the enactment of this Act. 20 SEC. 6007. COVERAGE OF TESTING FOR COVID–19 AT NO 21 COST 22 PURCHASED/REFERRED CARE. 23 SHARING FOR INDIANS RECEIVING The Secretary of Health and Human Services shall 24 cover, without the imposition of any cost sharing require25 ments, the cost of providing any COVID–19 related items L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 82 1 and services as described in paragraph (1) of section 2 6001(a) (or the administration of such products) or visits 3 described in paragraph (2) of such section furnished dur4 ing any portion of the emergency period defined in para5 graph (1)(B) of section 1135(g) of the Social Security Act 6 (42 U.S.C. 320b–5(g)) beginning on or after the date of 7 the enactment of this Act to Indians (as defined in section 8 4 of the Indian Health Care Improvement Act (25 U.S.C. 9 1603)) receiving health services through the Indian Health 10 Service, including through an Urban Indian Organization, 11 regardless of whether such items or services have been au12 thorized under the purchased/referred care system funded 13 by the Indian Health Service or is covered as a health 14 service of the Indian Health Service. 15 SEC. 6008. TEMPORARY INCREASE OF MEDICAID FMAP. 16 (a) IN GENERAL.—Subject to subsection (b), for each 17 calendar quarter occurring during the period beginning on 18 the first day of the emergency period defined in paragraph 19 (1)(B) of section 1135(g) of the Social Security Act (42 20 U.S.C. 1320b–5(g)) and ending on the last day of the cal21 endar quarter in which the last day of such emergency 22 period occurs, the Federal medical assistance percentage 23 determined for each State, including the District of Co24 lumbia, American Samoa, Guam, the Commonwealth of 25 the Northern Mariana Islands, Puerto Rico, and the L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 83 1 United States Virgin Islands, under section 1905(b) of the 2 Social Security Act (42 U.S.C. 1396d(b)) shall be in3 creased by 6.2 percentage points. 4 (b) REQUIREMENT FOR ALL STATES.—A State de- 5 scribed in subsection (a) may not receive the increase de6 scribed in such subsection in the Federal medical assist7 ance percentage for such State, with respect to a quarter, 8 if— 9 (1) eligibility standards, methodologies, or pro- 10 cedures under the State plan of such State under 11 title XIX of the Social Security Act (42 U.S.C. 1396 12 et seq.) (including any waiver under such title or 13 section 1115 of such Act (42 U.S.C. 1315)) are 14 more restrictive during such quarter than the eligi- 15 bility standards methodologies, or procedures, re- 16 spectively, under such plan (or waiver) as in effect 17 on January 1, 2020; 18 (2) the amount of any premium imposed by the 19 State pursuant to section 1916 or 1916A of such 20 Act (42 U.S.C. 1396o, 1396o–1) during such quar- 21 ter, with respect to an individual enrolled under such 22 plan (or waiver), exceeds the amount of such pre- 23 mium as of January 1, 2020; 24 (3) the State terminates or denies the enroll- 25 ment of any individual under such plan (or waiver) L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 84 1 during such quarter for a reason other than a fail- 2 ure to satisfy financial, categorical, and State resi- 3 dency requirements (as applicable) under such plan 4 (or waiver); 5 (4) the State does not provide coverage under 6 such plan (or waiver), without the imposition of cost 7 sharing, during such quarter for any testing services 8 and treatments for COVID–19, including vaccines, 9 specialized equipment, and therapies; or 10 (5) the State conducts during such quarter 11 periodic income checks, including automated income 12 checks, or eligibility redeterminations under such 13 plan (or waiver) at a rate more frequent than once 14 every 12 months. 15 (c) REQUIREMENT FOR CERTAIN STATES.—Section 16 1905(cc) of the Social Security Act (42 U.S.C. 1396d(cc)) 17 is amended by striking ‘‘American Recovery and Reinvest18 ment Act of 2009.’’ and inserting ‘‘and section 6008 of 19 the Families First Coronavirus Response Act, except that 20 in applying such treatments to the increases in the Fed21 eral medical assistance percentage under section 6008 of 22 the Families First Coronavirus Response Act, the ref23 erence to ‘December 31, 2009’ shall be deemed to be a 24 reference to ‘March 11, 2020’.’’. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 85 1 SEC. 6009. INCREASE IN MEDICAID ALLOTMENTS FOR TER- 2 RITORIES. 3 Section 1108(g) of the Social Security Act (42 U.S.C. 4 1308(g)) is amended— 5 (1) in paragraph (2)— 6 (A) in subparagraph (B)— 7 (i) in clause (i), by striking ‘‘and’’ at 8 the end; 9 (ii) in clause (ii), by striking ‘‘for each 10 of 11 $126,000,000;’’ and inserting ‘‘for fiscal 12 year 2020, $128,712,500; and’’; and 13 years 2020 through 2021, (iii) by adding at the end the fol- 14 lowing new clause: 15 ‘‘(iii) for fiscal 16 $127,937,500;’’; 17 (B) in subparagraph (C)— 18 year 2021, (i) in clause (i), by striking ‘‘and’’ at 19 the end; 20 (ii) in clause (ii), by striking ‘‘for each 21 of 22 $127,000,000;’’ and inserting ‘‘for fiscal 23 year 2020, $130,875,000; and’’; and 24 years 2020 through 2021, lowing new clause: L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) 22:45 Mar 13, 2020 fiscal (iii) by adding at the end the fol- 25 VerDate Nov 24 2008 fiscal Jkt 000000 (758530 1) PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 86 1 ‘‘(iii) fiscal 2 $129,712,500;’’; 3 (C) in subparagraph (D)— 4 year 2021, (i) in clause (i), by striking ‘‘and’’ at 5 the end; 6 (ii) in clause (ii), by striking ‘‘for each 7 of 8 $60,000,000; and’’ and inserting ‘‘for fis- 9 cal year 2020, $63,100,000; and’’; and 10 fiscal years 2020 through 2021, (iii) by adding at the end the fol- 11 lowing new clause: 12 ‘‘(iii) for fiscal 13 $62,325,000; and’’; and 14 (D) in subparagraph (E)— 15 year 2021, (i) in clause (i), by striking ‘‘and’’ at 16 the end; 17 (ii) in clause (ii), by striking ‘‘for each 18 of 19 $84,000,000.’’ and inserting ‘‘for fiscal 20 year 2020, $86,325,000; and’’; and 21 years 2020 through 2021, lowing new clause: 23 ‘‘(iii) 24 for fiscal year 2021, $85,550,000.’’; and 25 (2) in paragraph (6)(A)— L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) 22:45 Mar 13, 2020 fiscal (iii) by adding at the end the fol- 22 VerDate Nov 24 2008 for Jkt 000000 (758530 1) PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 87 1 (A) in clause 2 ‘‘$2,623,188,000’’ 3 ‘‘$2,716,188,000’’; and 4 (B) in ‘‘$2,719,072,000’’ 6 ‘‘$2,809,063,000’’. by and clause 5 7 (i), (ii), striking inserting by and striking inserting SEC. 6010. CLARIFICATION RELATING TO SECRETARIAL AU- 8 THORITY 9 HEALTH 10 REGARDING SERVICES MEDICARE FURNISHED TELEDURING COVID–19 EMERGENCY PERIOD. 11 Paragraph (3)(A) of section 1135(g) of the Social Se- 12 curity Act (42 U.S.C. 1320b–5(g)) is amended to read as 13 follows: 14 ‘‘(A) furnished to such individual, during 15 the 3-year period ending on the date such tele- 16 health service was furnished, an item or service 17 that would be considered covered under title 18 XVIII if furnished to an individual entitled to 19 benefits or enrolled under such title; or’’. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 88 3 DIVISION G—TAX CREDITS FOR PAID SICK AND PAID FAMILY AND MEDICAL LEAVE 4 SEC. 7001. PAYROLL CREDIT FOR REQUIRED PAID SICK 1 2 5 LEAVE. 6 (a) IN GENERAL.—In the case of an employer, there 7 shall be allowed as a credit against the tax imposed by 8 section 3111(a) of the Internal Revenue Code of 1986 for 9 each calendar quarter an amount equal to 100 percent of 10 the qualified sick leave wages paid by such employer with 11 respect to such calendar quarter. 12 (b) LIMITATIONS AND REFUNDABILITY.— 13 (1) TAKEN INTO ACCOUNT.—The 14 amount of qualified sick leave wages taken into ac- 15 count under subsection (a) with respect to any indi- 16 vidual shall not exceed $200 ($511 in the case of 17 any day any portion of which is paid sick time de- 18 scribed in paragraph (1), (2), or (3) of section 19 5102(a) of the Emergency Paid Sick Leave Act) for 20 any day (or portion thereof) for which the individual 21 is paid qualified sick leave wages. 22 (2) OVERALL LIMITATION ON NUMBER OF DAYS 23 TAKEN INTO ACCOUNT.—The 24 days taken into account under paragraph (1) for any L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 WAGES 22:45 Mar 13, 2020 Jkt 000000 aggregate number of (758530 1) PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 89 1 calendar quarter shall not exceed the excess (if any) 2 of— 3 (A) 10, over 4 (B) the aggregate number of days so taken 5 into account for all preceding calendar quarters. 6 (3) CREDIT 7 TAXES.—The 8 respect to any calendar quarter shall not exceed the 9 tax imposed by section 3111(a) of such Code for 10 such calendar quarter (reduced by any credits al- 11 lowed under subsections (e) and (f) of section 3111 12 of such Code for such quarter) on the wages paid 13 with respect to the employment of all employees of 14 the employer. 15 credit allowed by subsection (a) with (4) REFUNDABILITY 16 (A) IN OF EXCESS CREDIT.— GENERAL.—If the amount of the 17 credit under subsection (a) exceeds the limita- 18 tion of paragraph (3) for any calendar quarter, 19 such excess shall be treated as an overpayment 20 that shall be refunded under sections 6402(a) 21 and 6413(b) of such Code. 22 (B) TREATMENT OF PAYMENTS.—For pur- 23 poses of section 1324 of title 31, United States 24 Code, any amounts due to an employer under 25 this paragraph shall be treated in the same L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 LIMITED TO CERTAIN EMPLOYMENT 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 90 1 manner as a refund due from a credit provision 2 referred to in subsection (b)(2) of such section. 3 (c) QUALIFIED SICK LEAVE WAGES.—For purposes 4 of this section, the term ‘‘qualified sick leave wages’’ 5 means wages (as defined in section 3121(a) of the Internal 6 Revenue Code of 1986) paid by an employer which are 7 required to be paid by reason of the Emergency Paid Sick 8 Leave Act. 9 (d) SPECIAL RULES.— 10 (1) DENIAL pur- 11 poses of chapter 1 of such Code, the gross income 12 of the employer, for the taxable year which includes 13 the last day of any calendar quarter with respect to 14 which a credit is allowed under this section, shall be 15 increased by the amount of such credit. No credit 16 shall be allowed under this section with respect to 17 wages for which a credit is allowed under section 18 45S of such Code. 19 (2) ELECTION NOT TO HAVE SECTION APPLY.— 20 This section shall not apply with respect to any em- 21 ployer for any calendar quarter if such employer 22 elects (at such time and in such manner as the Sec- 23 retary of the Treasury (or the Secretary’s delegate) 24 may prescribe) not to have this section apply. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 OF DOUBLE BENEFIT.—For 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 91 1 (3) CERTAIN TERMS.—Any term used in this 2 section which is also used in chapter 21 of such 3 Code shall have the same meaning as when used in 4 such chapter. 5 (4) STATE AND LOCAL GOVERNMENTS.—This 6 credit shall not apply to the Government of the 7 United States, the government of any State or polit- 8 ical subdivision thereof, or any agency or instrumen- 9 tality of any of the foregoing. 10 (e) REGULATIONS.—The Secretary of the Treasury 11 (or the Secretary’s delegate) shall prescribe such regula12 tions or other guidance as may be necessary to carry out 13 the purposes of this section, including— 14 (1) regulations or other guidance to prevent the 15 avoidance of the purposes of the limitations and ag- 16 gregation rules under this section through the use of 17 successor companies or other means, 18 (2) regulations or other guidance to minimize 19 compliance and record-keeping burdens under this 20 section, 21 (3) regulations or other guidance providing for 22 waiver of penalties for failure to deposit amounts in 23 anticipation of the allowance of the credit allowed 24 under this section, and L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 92 1 (4) regulations or other guidance for recap- 2 turing the benefit of credits determined under this 3 section in cases where there is a subsequent adjust- 4 ment to the credit determined under subsection (a). 5 (f) APPLICATION OF SECTION.—This section shall 6 apply only to wages paid with respect to the period begin7 ning on a date selected by the Secretary of the Treasury 8 (or the Secretary’s delegate) which is during the 15-day 9 period beginning on the date of the enactment of this Act, 10 and ending on December 31, 2020. 11 12 (g) TRANSFERS VIVORS INSURANCE TO FEDERAL OLD-AGE AND SUR- TRUST FUND.—There are hereby ap- 13 propriated to the Federal Old-Age and Survivors Insur14 ance Trust Fund and the Federal Disability Insurance 15 Trust Fund established under section 201 of the Social 16 Security Act (42 U.S.C. 401) amounts equal to the reduc17 tion in revenues to the Treasury by reason of this section 18 (without regard to this subsection). Amounts appropriated 19 by the preceding sentence shall be transferred from the 20 general fund at such times and in such manner as to rep21 licate to the extent possible the transfers which would have 22 occurred to such Trust Fund had this section not been 23 enacted. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 93 1 SEC. 7002. CREDIT FOR SICK LEAVE FOR CERTAIN SELF- 2 EMPLOYED INDIVIDUALS. 3 (a) CREDIT AGAINST SELF-EMPLOYMENT TAX.—In 4 the case of an eligible self-employed individual, there shall 5 be allowed as a credit against the tax imposed by subtitle 6 A of the Internal Revenue Code of 1986 for any taxable 7 year an amount equal to 100 percent (or, with respect to 8 any use described in section 5102(a)(4) or 5102(a)(5) of 9 the Emergency Paid Sick Leave Act, 67 percent) of the 10 qualified sick leave equivalent amount with respect to the 11 individual. 12 (b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—For 13 purposes of this section, the term ‘‘eligible self-employed 14 individual’’ means an individual who— 15 (1) regularly carries on a trade or business 16 within the meaning of section 1402 of such Code, 17 and 18 (2) would be entitled to receive paid leave dur- 19 ing the taxable year pursuant to the Emergency 20 Paid Sick Leave Act if the individual were an em- 21 ployee of an employer (other than himself or her- 22 self). 23 (c) QUALIFIED SICK LEAVE EQUIVALENT 24 AMOUNT.—For purposes of this section— 25 (1) IN 26 22:45 Mar 13, 2020 term ‘‘qualified sick leave equivalent amount’’ means, with respect to any L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 GENERAL.—The Jkt 000000 (758530 1) PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 94 1 eligible self-employed individual, an amount equal 2 to— 3 (A) the number of days during the taxable 4 year (but not more than the applicable number 5 of days) that the individual is unable to per- 6 form services in the trade or business referred 7 to in section 1402 of such Code for a reason 8 with respect to which such individual would be 9 entitled to receive sick leave as described in 10 subsection (b), multiplied by 11 (B) the lesser of— 12 (i) $200 ($511 in the case of any day 13 of paid sick time described in paragraph 14 (1), (2), or (3) of section 5102(a) of the 15 Emergency Paid Sick Leave Act), or 16 (ii) the average daily self-employment 17 income of the individual for the taxable 18 year. 19 (2) AVERAGE SELF-EMPLOYMENT IN- 20 COME.—For 21 ‘‘average daily self-employment income’’ means an 22 amount equal to— purposes of this subsection, the term 23 (A) the net earnings from self-employment 24 of the individual for the taxable year, divided by 25 (B) 260. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 DAILY 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 95 1 (3) APPLICABLE pur- 2 poses of this subsection, the term ‘‘applicable num- 3 ber of days’’ means, with respect to any taxable 4 year, the excess (if any) of 10 days over the number 5 of days taken into account under paragraph (1)(A) 6 in all preceding taxable years. 7 (d) SPECIAL RULES.— 8 (1) CREDIT REFUNDABLE.— 9 (A) IN GENERAL.—The credit determined 10 under this section shall be treated as a credit 11 allowed to the taxpayer under subpart C of part 12 IV of subchapter A of chapter 1 of such Code. 13 (B) TREATMENT OF PAYMENTS.—For pur- 14 poses of section 1324 of title 31, United States 15 Code, any refund due from the credit deter- 16 mined under this section shall be treated in the 17 same manner as a refund due from a credit 18 provision referred to in subsection (b)(2) of 19 such section. 20 (2) DOCUMENTATION.—No credit shall be al- 21 lowed under this section unless the individual main- 22 tains such documentation as the Secretary may pre- 23 scribe to establish such individual as an eligible self- 24 employed individual. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 NUMBER OF DAYS.—For 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 96 1 (3) DENIAL OF DOUBLE BENEFIT.—In the case 2 of an individual who receives wages (as defined in 3 section 3121(a) of the Internal Revenue Code of 4 1986) paid by an employer which are required to be 5 paid by reason of the Emergency Paid Sick Leave 6 Act, the qualified sick leave equivalent amount oth- 7 erwise determined under subsection (c) shall be re- 8 duced (but not below zero) in the same proportion 9 that the number of days for which such wages are 10 received bears to the number of days described in 11 subsection (c)(1)(A). 12 (4) CERTAIN TERMS.—Any term used in this 13 section which is also used in chapter 2 of the Inter- 14 nal Revenue Code of 1986 shall have the same 15 meaning as when used in such chapter. 16 (e) APPLICATION SECTION.—Only days occurring OF 17 during the period beginning on a date selected by the Sec18 retary of the Treasury (or the Secretary’s delegate) which 19 is during the 15-day period beginning on the date of the 20 enactment of this Act, and ending on December 31, 2020, 21 may be taken into account under subsection (c)(1)(A). 22 23 (f) APPLICATION CREDIT IN CERTAIN POSSES- SIONS.— 24 (1) PAYMENTS 25 22:45 Mar 13, 2020 TO POSSESSIONS WITH MIRROR CODE TAX SYSTEMS.—The L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 OF Jkt 000000 Secretary of the Treas- (758530 1) PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 97 1 ury shall pay to each possession of the United States 2 which has a mirror code tax system amounts equal 3 to the loss (if any) to that possession by reason of 4 the application of the provisions of this section. Such 5 amounts shall be determined by the Secretary of the 6 Treasury based on information provided by the gov- 7 ernment of the respective possession. 8 (2) PAYMENTS 9 Secretary of the Treasury shall pay to each posses- 10 sion of the United States which does not have a mir- 11 ror code tax system amounts estimated by the Sec- 12 retary of the Treasury as being equal to the aggre- 13 gate benefits (if any) that would have been provided 14 to residents of such possession by reason of the pro- 15 visions of this section if a mirror code tax system 16 had been in effect in such possession. The preceding 17 sentence shall not apply unless the respective posses- 18 sion has a plan, which has been approved by the 19 Secretary of the Treasury, under which such posses- 20 sion will promptly distribute such payments to its 21 residents. 22 (3) MIRROR CODE TAX SYSTEM.—For purposes 23 of this section, the term ‘‘mirror code tax system’’ 24 means, with respect to any possession of the United 25 States, the income tax system of such possession if L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 TO OTHER POSSESSIONS.—The 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 98 1 the income tax liability of the residents of such pos- 2 session under such system is determined by ref- 3 erence to the income tax laws of the United States 4 as if such possession were the United States. 5 (4) TREATMENT OF PAYMENTS.—For purposes 6 of section 1324 of title 31, United States Code, the 7 payments under this section shall be treated in the 8 same manner as a refund due from a credit provi- 9 sion referred to in subsection (b)(2) of such section. 10 (g) REGULATIONS.—The Secretary of the Treasury 11 (or the Secretary’s delegate) shall prescribe such regula12 tions or other guidance as may be necessary to carry out 13 the purposes of this section, including— 14 (1) regulations or other guidance to prevent the 15 avoidance of the purposes of this section, and 16 (2) regulations or other guidance to minimize 17 compliance and record-keeping burdens under this 18 section. 19 SEC. 7003. PAYROLL CREDIT FOR REQUIRED PAID FAMILY 20 LEAVE. 21 (a) IN GENERAL.—In the case of an employer, there 22 shall be allowed as a credit against the tax imposed by 23 section 3111(a) of the Internal Revenue Code of 1986 for 24 each calendar quarter an amount equal to 100 percent of L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 99 1 the qualified family leave wages paid by such employer 2 with respect to such calendar quarter. 3 (b) LIMITATIONS AND REFUNDABILITY.— 4 (1) TAKEN INTO ACCOUNT.—The 5 amount of qualified family leave wages taken into 6 account under subsection (a) with respect to any in- 7 dividual shall not exceed— 8 (A) for any day (or portion thereof) for 9 which the individual is paid qualified family 10 leave wages, $200, and 11 (B) in the aggregate with respect to all 12 calendar quarters, $10,000. 13 (2) CREDIT LIMITED TO CERTAIN EMPLOYMENT 14 TAXES.—The 15 respect to any calendar quarter shall not exceed the 16 tax imposed by section 3111(a) of such Code for 17 such calendar quarter (reduced by any credits al- 18 lowed under subsections (e) and (f) of section 3111 19 of such Code, and section 9001 of this Act, for such 20 quarter) on the wages paid with respect to the em- 21 ployment of all employees of the employer. 22 credit allowed by subsection (a) with (3) REFUNDABILITY OF EXCESS CREDIT.—If 23 the amount of the credit under subsection (a) ex- 24 ceeds the limitation of paragraph (2) for any cal- 25 endar quarter, such excess shall be treated as an L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 WAGES 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 100 1 overpayment that shall be refunded under sections 2 6402(a) and 6413(b) of such Code. 3 (c) QUALIFIED FAMILY LEAVE WAGES.—For pur- 4 poses of this section, the term ‘‘qualified family leave 5 wages’’ means wages (as defined in section 3121(a) of 6 such Code) paid by an employer which are required to be 7 paid by reason of the Emergency Family and Medical 8 Leave Expansion Act (including the amendments made by 9 such Act). 10 (d) SPECIAL RULES.— 11 (1) DENIAL pur- 12 poses of chapter 1 of such Code, the gross income 13 of the employer, for the taxable year which includes 14 the last day of any calendar quarter with respect to 15 which a credit is allowed under this section, shall be 16 increased by the amount of such credit. No credit 17 shall be allowed under this section with respect to 18 wages for which a credit is allowed under section 19 45S of such Code. 20 (2) ELECTION NOT TO HAVE SECTION APPLY.— 21 This section shall not apply with respect to any em- 22 ployer for any calendar quarter if such employer 23 elects (at such time and in such manner as the Sec- 24 retary of the Treasury (or the Secretary’s delegate) 25 may prescribe) not to have this section apply. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 OF DOUBLE BENEFIT.—For 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 101 1 (3) CERTAIN TERMS.—Any term used in this 2 section which is also used in chapter 21 of such 3 Code shall have the same meaning as when used in 4 such chapter. 5 (4) STATE AND LOCAL GOVERNMENTS.—This 6 credit shall not apply to the Government of the 7 United States, the government of any State or polit- 8 ical subdivision thereof, or any agency or instrumen- 9 tality of any of the foregoing. 10 (e) REGULATIONS.—The Secretary of the Treasury 11 (or the Secretary’s delegate) shall prescribe such regula12 tions or other guidance as may be necessary to carry out 13 the purposes of this section, including— 14 (1) regulations or other guidance to prevent the 15 avoidance of the purposes of the limitations and ag- 16 gregation rules under this section through the use of 17 successor companies or other means, 18 (2) regulations or other guidance to minimize 19 compliance and record-keeping burdens under this 20 section, 21 (3) regulations or other guidance providing for 22 waiver of penalties for failure to deposit amounts in 23 anticipation of the allowance of the credit allowed 24 under this section, and L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 102 1 (4) regulations or other guidance for recap- 2 turing the benefit of credits determined under this 3 section in cases where there is a subsequent adjust- 4 ment to the credit determined under subsection (a). 5 (f) APPLICATION OF SECTION.—This section shall 6 apply only to wages paid with respect to the period begin7 ning on a date selected by the Secretary of the Treasury 8 (or the Secretary’s delegate) which is during the 15-day 9 period beginning on the date of the enactment of this Act, 10 and ending on December 31, 2020. 11 12 (g) TRANSFERS VIVORS INSURANCE TO FEDERAL OLD-AGE AND SUR- TRUST FUND.—There are hereby ap- 13 propriated to the Federal Old-Age and Survivors Insur14 ance Trust Fund and the Federal Disability Insurance 15 Trust Fund established under section 201 of the Social 16 Security Act (42 U.S.C. 401) amounts equal to the reduc17 tion in revenues to the Treasury by reason of this section 18 (without regard to this subsection). Amounts appropriated 19 by the preceding sentence shall be transferred from the 20 general fund at such times and in such manner as to rep21 licate to the extent possible the transfers which would have 22 occurred to such Trust Fund had this section not been 23 enacted. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 103 1 SEC. 7004. CREDIT FOR FAMILY LEAVE FOR CERTAIN SELF- 2 EMPLOYED INDIVIDUALS. 3 (a) CREDIT AGAINST SELF-EMPLOYMENT TAX.—In 4 the case of an eligible self-employed individual, there shall 5 be allowed as a credit against the tax imposed by subtitle 6 A of the Internal Revenue Code of 1986 for any taxable 7 year an amount equal to 100 percent of the qualified fam8 ily leave equivalent amount with respect to the individual. 9 (b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.—For 10 purposes of this section, the term ‘‘eligible self-employed 11 individual’’ means an individual who— 12 (1) regularly carries on a trade or business 13 within the meaning of section 1402 of such Code, 14 and 15 (2) would be entitled to receive paid leave dur- 16 ing the taxable year pursuant to the Emergency 17 Family and Medical Leave Expansion Act if the in- 18 dividual were an employee of an employer (other 19 than himself or herself). 20 (c) QUALIFIED FAMILY LEAVE EQUIVALENT 21 AMOUNT.—For purposes of this section— 22 (1) IN term ‘‘qualified family 23 leave equivalent amount’’ means, with respect to any 24 eligible self-employed individual, an amount equal to 25 the product of— L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 GENERAL.—The 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 104 1 (A) the number of days (not to exceed 50) 2 during the taxable year that the individual is 3 unable to perform services in the trade or busi- 4 ness referred to in section 1402 of such Code 5 for a reason with respect to which such indi- 6 vidual would be entitled to receive paid leave as 7 described in subsection (b), multiplied by 8 (B) the lesser of— 9 (i) the average daily self-employment 10 income of the individual for the taxable 11 year, or 12 (ii) $200. 13 (2) AVERAGE SELF-EMPLOYMENT IN- 14 COME.—For 15 ‘‘average daily self-employment income’’ means an 16 amount equal to— purposes of this subsection, the term 17 (A) the net earnings from self-employment 18 income of the individual for the taxable year, 19 divided by 20 (B) 260. 21 (d) SPECIAL RULES.— 22 (1) CREDIT REFUNDABLE.— 23 (A) IN GENERAL.—The 24 22:45 Mar 13, 2020 credit determined under this section shall be treated as a credit L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 DAILY Jkt 000000 (758530 1) PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 105 1 allowed to the taxpayer under subpart C of part 2 IV of subchapter A of chapter 1 of such Code. 3 (B) TREATMENT pur- 4 poses of section 1324 of title 31, United States 5 Code, any refund due from the credit deter- 6 mined under this section shall be treated in the 7 same manner as a refund due from a credit 8 provision referred to in subsection (b)(2) of 9 such section. 10 (2) DOCUMENTATION.—No credit shall be al- 11 lowed under this section unless the individual main- 12 tains such documentation as the Secretary may pre- 13 scribe to establish such individual as an eligible self- 14 employed individual. 15 (3) DENIAL OF DOUBLE BENEFIT.—In the case 16 of an individual who receives wages (as defined in 17 section 3121(a) of the Internal Revenue Code of 18 1986) paid by an employer which are required to be 19 paid by reason of the Emergency Family and Med- 20 ical Leave Expansion Act, the qualified family leave 21 equivalent amount otherwise determined under sub- 22 section (c) shall be reduced (but not below zero) in 23 the same proportion that the number of days for 24 which such wages are received bears to the number 25 of days described in subsection (c)(1)(A). L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 OF PAYMENTS.—For 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 106 1 (4) CERTAIN TERMS.—Any term used in this 2 section which is also used in chapter 2 of the Inter- 3 nal Revenue Code of 1986 shall have the same 4 meaning as when used in such chapter. 5 (5) REFERENCES TO EMERGENCY FAMILY AND 6 MEDICAL LEAVE EXPANSION ACT.—Any 7 this section to the Emergency Family and Medical 8 Leave Expansion Act shall be treated as including a 9 reference to the amendments made by such Act. 10 (e) APPLICATION reference in SECTION.—Only days occurring OF 11 during the period beginning on a date selected by the Sec12 retary of the Treasury (or the Secretary’s delegate) which 13 is during the 15-day period beginning on the date of the 14 enactment of this Act, and ending on December 31, 2020, 15 may be taken into account under subsection (c)(1)(A). 16 17 (f) APPLICATION CREDIT IN CERTAIN POSSES- SIONS.— 18 (1) PAYMENTS TO POSSESSIONS WITH MIRROR 19 CODE TAX SYSTEMS.—The 20 ury shall pay to each possession of the United States 21 which has a mirror code tax system amounts equal 22 to the loss (if any) to that possession by reason of 23 the application of the provisions of this section. Such 24 amounts shall be determined by the Secretary of the L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 OF 22:45 Mar 13, 2020 Jkt 000000 Secretary of the Treas- (758530 1) PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 107 1 Treasury based on information provided by the gov- 2 ernment of the respective possession. 3 (2) PAYMENTS 4 Secretary of the Treasury shall pay to each posses- 5 sion of the United States which does not have a mir- 6 ror code tax system amounts estimated by the Sec- 7 retary of the Treasury as being equal to the aggre- 8 gate benefits (if any) that would have been provided 9 to residents of such possession by reason of the pro- 10 visions of this section if a mirror code tax system 11 had been in effect in such possession. The preceding 12 sentence shall not apply unless the respective posses- 13 sion has a plan, which has been approved by the 14 Secretary of the Treasury, under which such posses- 15 sion will promptly distribute such payments to its 16 residents. 17 (3) MIRROR CODE TAX SYSTEM.—For purposes 18 of this section, the term ‘‘mirror code tax system’’ 19 means, with respect to any possession of the United 20 States, the income tax system of such possession if 21 the income tax liability of the residents of such pos- 22 session under such system is determined by ref- 23 erence to the income tax laws of the United States 24 as if such possession were the United States. L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 TO OTHER POSSESSIONS.—The 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 108 1 (4) TREATMENT OF PAYMENTS.—For purposes 2 of section 1324 of title 31, United States Code, the 3 payments under this section shall be treated in the 4 same manner as a refund due from a credit provi- 5 sion referred to in subsection (b)(2) of such section. 6 (e) REGULATIONS.—The Secretary of the Treasury 7 (or the Secretary’s delegate) shall prescribe such regula8 tions or other guidance as may be necessary to carry out 9 the purposes of this section, including— 10 (1) regulations or other guidance to prevent the 11 avoidance of the purposes of this section, and 12 (2) regulations or other guidance to minimize 13 compliance and record-keeping burdens under this 14 section. 15 SEC. 7005. SPECIAL RULE RELATED TO TAX ON EMPLOY- 16 ERS. 17 (a) IN GENERAL.—Any wages required to be paid by 18 reason of the Emergency Paid Sick Leave Act and the 19 Emergency Family and Medical Leave Expansion Act 20 shall not be considered wages for purposes of section 21 3111(a) of the Internal Revenue Code of 1986. 22 23 (b) TRANSFERS VIVORS INSURANCE TO FEDERAL OLD-AGE AND SUR- TRUST FUND.—There are hereby ap- 24 propriated to the Federal Old-Age and Survivors Insur25 ance Trust Fund and the Federal Disability Insurance L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 109 1 Trust Fund established under section 201 of the Social 2 Security Act (42 U.S.C. 401) amounts equal to the reduc3 tion in revenues to the Treasury by reason of this section 4 (without regard to this subsection). Amounts appropriated 5 by the preceding sentence shall be transferred from the 6 general fund at such times and in such manner as to rep7 licate to the extent possible the transfers which would have 8 occurred to such Trust Fund had this section not been 9 enacted. DIVISION H—BUDGETARY EFFECTS 10 11 12 SEC. 8001. BUDGETARY EFFECTS. 13 (a) STATUTORY PAYGO SCORECARDS.—The budg- 14 etary effects of division B and each succeeding division 15 shall not be entered on either PAYGO scorecard main16 tained pursuant to section 4(d) of the Statutory Pay-As17 You-Go Act of 2010. 18 (b) SENATE PAYGO SCORECARDS.—The budgetary 19 effects of division B and each succeeding division shall not 20 be entered on any PAYGO scorecard maintained for pur21 poses of section 4106 of H. Con. Res. 71 (115th Con22 gress). 23 (c) CLASSIFICATION OF BUDGETARY EFFECTS.— 24 Notwithstanding Rule 3 of the Budget Scorekeeping 25 Guidelines set forth in the joint explanatory statement of L:\VA\031320\A031320.047.xml March 13, 2020 (11:45 p.m.) VerDate Nov 24 2008 22:45 Mar 13, 2020 Jkt 000000 (758530 1) PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 C:\USERS\AWILSON3\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\FDSECSUS H:\XML\FY20\SUPP\FDSEC\SUSP\FDSECSUSP.XML 110 1 the committee of conference accompanying Conference Re2 port 105–217 and section 250(c)(8) of the Balanced 3 Budget and Emergency Deficit Control Act of 1985, the 4 budgetary effects of division B and each succeeding divi5 sion shall not be estimated— 6 (1) for purposes of section 251 of such Act; and 7 (2) for purposes of paragraph (4)(C) of section 8 3 of the Statutory Pay-As-You-Go Act of 2010 as 9 being included in an appropriation Act. 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