[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6201 Introduced in House (IH)]
<DOC>
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Families First Coronavirus Response
Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents is as follows:
DIVISION A--SECOND CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL
APPROPRIATIONS ACT, 2020
DIVISION B--NUTRITION WAIVERS
DIVISION C--COVID-19 HEALTH CARE WORKER PROTECTION ACT OF 2020
DIVISION D--EMERGENCY PAID LEAVE ACT OF 2020
DIVISION E--EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION AND ACCESS
ACT OF 2020
DIVISION F--PAID SICK DAYS FOR PUBLIC HEALTH EMERGENCIES AND PERSONAL
AND FAMILY CARE
DIVISION G--HEALTH PROVISIONS
DIVISION H--BUDGETARY EFFECTS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--SECOND CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL
APPROPRIATIONS ACT, 2020
The following sums are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2020, and for other purposes, namely:
TITLE I
DEPARTMENT OF AGRICULTURE
Food and Nutrition Service
special supplemental nutrition program for women, infants, and children
(wic)
For an additional amount for the ``Special Supplemental Nutrition
Program for Women, Infants, and Children'', $500,000,000, to remain
available through September 30, 2021: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
commodity assistance program
For an additional amount for the ``Commodity Assistance Program''
for the emergency food assistance program as authorized by section
27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and
section 204(a)(1) of the Emergency Food Assistance Act of 1983 (7
U.S.C. 7508(a)(1)), $400,000,000, to remain available through September
30, 2021: Provided, That of the funds made available, the Secretary
may use up to $100,000,000 for costs associated with the distribution
of commodities: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 101. (a) Public Health Emergency.--During fiscal year 2020, in
any case in which a school is closed for at least 5 consecutive days
during a public health emergency designation during which the school
would otherwise be in session, each household containing at least 1
member who is an eligible child attending the school shall be eligible
to receive assistance pursuant to a state agency plan approved under
subsection (b).
(b) Assistance.--To carry out this section, the Secretary of
Agriculture may approve State agency plans for temporary emergency
standards of eligibility and levels of benefits under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) for households with
eligible children. Plans approved by the Secretary shall provide for
supplemental allotments to households receiving benefits under such
Act, and issuances to households not already receiving benefits. Such
level of benefits shall be determined by the Secretary in an amount not
less than the value of meals at the free rate over the course of 5
school days for each eligible child in the household.
(c) Minimum Closure Requirement.--The Secretary of Agriculture
shall not provide assistance under this section in the case of a school
that is closed for less than 5 consecutive days.
(d) Use of Ebt System.--A State agency may provide assistance under
this section through the EBT card system established under section 7 of
the Food and Nutrition Act of 2008 (7 U.S.C. 2016).
(e) Release of Information.--Notwithstanding any other provision of
law, the Secretary of Agriculture may authorize State educational
agencies and school food authorities administering a school lunch
program under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) to release to appropriate officials administering
the supplemental nutrition assistance program such information as may
be necessary to carry out this section.
(f) Waivers.--To facilitate implementation of this section, the
Secretary of Agriculture may approve waivers of the limits on
certification periods otherwise applicable under section 3(f) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2012(f)), reporting
requirements otherwise applicable under section 6(c) of such Act (7
U.S.C. 2015(c)), and other administrative requirements otherwise
applicable to State agencies under such Act.
(g) Availability of Commodities.--During fiscal year 2020, the
Secretary of Agriculture may purchase commodities for emergency
distribution in any area of the United States during a public health
emergency designation.
(h) Definitions.--In this section:
(1) The term ``eligible child'' means a child (as defined
in section 12(d) or served under section 11(a)(1) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1760(d), 1759(a)(1)) who, if not for the closure of the school
attended by the child during a public health emergency
designation and due to concerns about a COVID-19 outbreak,
would receive free or reduced price school meals under the
Richard B. Russell National School Lunch Act (42 U.S.C. 175l et
seq.) at the school.
(2) The term ``public health emergency designation'' means
the declaration--
(A) of a public health emergency, based on an
outbreak of SARS-CoV-2 or another coronavirus with
pandemic potential, by the Secretary of Health and
Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d); or
(B) of a domestic emergency, based on an outbreak
of SARS-CoV-2 or another coronavirus with pandemic
potential, by the Secretary of Homeland Security.
(3) The term ``school'' has the meaning given the term in
section 12(d) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760(d)).
(i) Funding.--There are hereby appropriated to the Secretary of
Agriculture such amounts as are necessary to carry out this section:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 102. In addition to amounts otherwise made available,
$100,000,000, to remain available through September 30, 2021, shall be
available for the Secretary of Agriculture to provide grants to the
Commonwealth of the Northern Mariana Islands, Puerto Rico, and American
Samoa for nutrition assistance in response to a COVID-19 public health
emergency: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE II
DEPARTMENT OF LABOR
Employment and Training Administration
program administration
For an additional amount for ``Program Administration'',
$5,000,000, to remain available through September 30, 2022, to
administer the emergency paid sick days program: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Community Living
aging and disability services programs
For an additional amount for ``Aging and Disability Services
Programs'', $250,000,000, to remain available until September 30, 2021,
for activities authorized under subparts 1 and 2 of part C, of title
III, and under title VI, of the Older Americans Act of 1965, of which
$160,000,000 shall be for Home-Delivered Nutrition Services,
$80,000,000 shall be for Congregate Nutrition Services, and $10,000,000
shall be for Nutrition Services for Native Americans: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
TITLE III
GENERAL PROVISIONS--THIS ACT
Sec. 301. Not later than 30 days after the date of enactment of
this Act, the head of each executive agency that receives funding in
this Act shall provide a report detailing the anticipated uses of all
such funding to the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That each report shall
include estimated personnel and administrative costs, as well as the
total amount of funding apportioned, allotted, obligated, and expended,
to date: Provided further, That each such plan shall be updated and
submitted to such Committees every 60 days until all funds are expended
or expire.
Sec. 302. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 303. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 304. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable to
such appropriations accounts for fiscal year 2020.
Sec. 305. Each amount designated in this Act by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985 shall
be available (or rescinded or transferred, if applicable) only if the
President subsequently so designates all such amounts and transmits
such designations to the Congress.
Sec. 306. Any amount appropriated by this Act, designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985 and subsequently so designated by the President, and
transferred pursuant to transfer authorities provided by this Act shall
retain such designation.
This division may be cited as the ``Second Coronavirus Preparedness
and Response Supplemental Appropriations Act, 2020''.
DIVISION B--NUTRITION WAIVERS
TITLE I--MAINTAINING ESSENTIAL ACCESS TO LUNCH FOR STUDENTS ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Maintaining Essential Access to
Lunch for Students Act'' or the ``MEALS Act''.
SEC. 102. WAIVER EXCEPTION FOR SCHOOL CLOSURES DUE TO COVID-19.
(a) In General.--The requirements under section 12(l)(1)(A)(iii) of
the Richard B. Russell National School Lunch Act (42 U.S.C.
1760(l)(1)(A)(iii)) shall not apply to a qualified COVID-19 waiver.
(b) Allowable Increase in Federal Costs.--Notwithstanding paragraph
(4) of section 12(l) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760(l)), the Secretary of Agriculture may grant a
qualified COVID-19 waiver that increases Federal costs.
(c) Termination After Periodic Review.--The requirements under
section 12(l)(5) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1760(l)(5)) shall not apply to a qualified COVID-19 waiver.
(d) Qualified COVID-19 Waiver.--In this section, the term
``qualified COVID-19 waiver'' means a waiver--
(1) requested by a State (as defined in section 12(d)(8) of
the Richard B. Russell National School Lunch Act (42 U.S.C.
1760(d)(8))) or eligible service provider under section 12(l)
of the Richard B. Russell National School Lunch Act (42 U.S.C.
1760(l)); and
(2) to waive any requirement under such Act (42 U.S.C. 1751
et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.), or any regulation issued under either such Act, for
purposes of providing meals and meal supplements under such
Acts during a school closure due to COVID-19.
TITLE II--COVID--19 CHILD NUTRITION RESPONSE ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``COVID-19 Child Nutrition Response
Act''.
SEC. 202. NATIONAL SCHOOL LUNCH PROGRAM REQUIREMENT WAIVERS ADDRESSING
COVID-19.
(a) Nationwide Waiver.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary may establish a waiver for all States under
section 12(l) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760(l)), for purposes of--
(A) providing meals and meal supplements under a
qualified program; and
(B) carrying out subparagraph (A) with appropriate
safety measures with respect to COVID-19, as determined
by the Secretary.
(2) State election.--A waiver established under paragraph
(1) shall--
(A) notwithstanding paragraph (2) of section 12(l)
of the Richard B. Russell National School Lunch Act (42
U.S.C. 1760(l)), apply automatically to any State that
elects to be subject to the waiver without further
application; and
(B) not be subject to the requirements under
paragraph (3) of such section.
(b) Child and Adult Care Food Program Waiver.--Notwithstanding any
other provision of law, the Secretary may grant a waiver under section
12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1760(l)) to allow non-congregate feeding under a child and adult care
food program under section 17 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766) if such waiver is for the purposes of--
(1) providing meals and meal supplements under such child
and adult care food program; and
(2) carrying out paragraph (1) with appropriate safety
measures with respect to COVID-19, as determined by the
Secretary.
(c) Meal Pattern Waiver.--Notwithstanding paragraph (4)(A) of
section 12(l) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1760(l)) the Secretary may grant a waiver under such section
that relates to the nutritional content of meals served if the
Secretary determines that--
(1) such waiver is necessary to provide meals and meal
supplements under a qualified program; and
(2) there is a supply chain disruption with respect to
foods served under such a qualified program and such disruption
is due to COVID-19.
(d) Reports.--Each State that receives a waiver under subsection
(a), (b), or (c), shall, not later than 1 year after the date such
State received such waiver, submit a report to the Secretary that
includes the following:
(1) A summary of the use of such waiver by the State and
eligible service providers.
(2) A description of whether such waiver resulted in
improved services to children.
(e) Sunset.--The authority of the Secretary to establish or grant a
waiver under this section shall expire on September 30, 2020.
(f) Definitions.--In this section:
(1) Qualified program.--The term ``qualified program''
means the following:
(A) The school lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et
seq.).
(B) The school breakfast program under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773).
(C) The child and adult care food program under
section 17 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766).
(D) The summer food service program for children
under section 13 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1761).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) State.--The term ``State'' has the meaning given such
term in section 12(d)(8) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1760(d)(8)).
TITLE III--SNAP WAIVERS
SEC. 301. SNAP FLEXIBILITY FOR LOW-INCOME JOBLESS WORKERS.
(a) Beginning with the first month that begins after the enactment
of this Act and for each subsequent month through the end of the month
subsequent to the month a public health emergency declaration by the
Secretary of Health and Human Services under section 319 of the Public
Health Service Act based on an outbreak of coronavirus disease 2019
(COVID-19) is lifted, eligibility for supplemental nutrition assistance
program benefits shall not be limited under section 6(o)(2) of the Food
and Nutrition Act of 2008 unless an individual does not comply with the
requirements of a program offered by the State agency (as defined in
section 3 of the Food and Nutrition Act of 2008) that meets the
standards of subparagraphs (B) or (C) of such section 6(o)(2).
(b) Beginning on the month subsequent to the month the public
health emergency declaration by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act based on an
outbreak of COVID-19 is lifted for purposes of section 6(o) of the Food
and Nutrition Act of 2008, such State agency shall disregard any period
during which an individual received benefits under the supplemental
nutrition assistance program prior to such month.
SEC. 302. ADDITIONAL SNAP FLEXIBILITIES IN A PUBLIC HEALTH EMERGENCY.
(a) In the event of a public health emergency declaration by the
Secretary of Health and Human Services under section 319 of the Public
Health Service Act based on an outbreak of coronavirus disease 2019
(COVID-19)and the issuance of an emergency or disaster declaration by a
State based on an outbreak of COVID-19, the Secretary of Agriculture--
(1) shall provide, at the request of a State agency (as
defined in section 3 of the Food and Nutrition Act of 2008)
that provides sufficient data supporting such request, as
determined by the Secretary, for emergency allotments to
households participating in the supplemental nutrition
assistance program under the Food and Nutrition Act of 2008 to
address temporary food needs not greater than the applicable
maximum monthly allotment for the household size; and
(2) may adjust at the request of State agencies or in
consultation with State agencies, by guidance, issuance methods
and application and reporting requirements under the Food and
Nutrition Act of 2008 to be consistent with what is practicable
under actual conditions in affected areas. (In making this
adjustment, the Secretary shall consider the availability of
offices and personnel in State agencies, any conditions that
make reliance on electronic benefit transfer systems described
in section 7(h) of the Food and Nutrition Act of 2008
impracticable, any disruptions of transportation and
communication facilities, and any health considerations that
warrant alternative approaches.)
(b)(1) The Secretary of Agriculture shall make any requests
submitted by State agencies under subsection (a), the Secretary's
approval or denial of such requests, and any guidance issued under
subsection (a)(2) publicly available on the website of the Department
of Agriculture.
(2) The Secretary of Agriculture shall post the information
described in paragraph (1) on the website of the Department of
Agriculture not later than 10 days after receipt or issuance of such
information.
(c) The Secretary of Agriculture shall, within 18 months after the
public health emergency declaration described in subsection (a) is
lifted, submit a report to the House and Senate Agriculture Committees
with a description of the measures taken to address the food security
needs of affected populations during the emergency, any information or
data supporting State agency requests, any additional measures that
States requested that were not approved, and recommendations for
changes to the Secretary's authority under the Food and Nutrition Act
of 2008 to assist the Secretary and States and localities in
preparations for any future health emergencies.
DIVISION C--COVID-19 HEALTH CARE WORKER PROTECTION ACT OF 2020
SEC. 1. SHORT TITLE.
This Act may be cited as the ``COVID-19 Health Care Worker
Protection Act of 2020''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The infectious disease COVID-19 presents a grave danger
to health care workers who are the first line of defense of the
United States against this epidemic.
(2) Hundreds of health care workers in the United States
have been infected or quarantined due to exposure to patients
with COVID-19. Surveys conducted by health care worker unions
and others have found that many health care facilities are
inadequately prepared to safely protect health care workers who
are exposed to the virus.
(3) Inadequate infection control precautions have a
detrimental impact on health care workers, patients and the
public, and if there is breakdown in health care worker
protections, the nation's public health system is placed at
risk.
(4) The Severe Acute Respiratory Syndrome (hereinafter
referred to as ``SARS'') epidemic of 2003 and 2004 in Canada,
which involved a coronavirus, resulted in a disproportionately
large number of infections of both health care workers and
patients in Ontario, Canada, hospitals due to insufficient
infection control procedures involving SARS.
(5) The Occupational Safety and Health Administration began
rulemaking on a standard to protect health care workers from
airborne and other infectious diseases in 2009. In 2017, the
Trump Administration suspended work on this rulemaking,
removing it from the active Regulatory Agenda.
(6) The Centers for Disease Control and Prevention issued a
document entitled, ``2007 Guideline for Isolation Precautions:
Preventing Transmission of Infectious Agents in Healthcare
Settings'' in July, 2007. However, the guideline in such
document is not binding.
(7) Absent an enforceable standard, employers lack
mandatory requirements to implement an effective and ongoing
infection and exposure control program that provides protection
to health care workers from COVID-19.
(8) Section 6(c)(1) of the Occupational Safety and Health
Act authorizes the Occupational Safety and Health
Administration to issue an ``Emergency Temporary Standard'' if
employees are exposed to grave danger from harmful agents or
new hazards and if an emergency standard is necessary to
protect employees from such danger. The widespread outbreak of
COVID-19 clearly satisfies these two conditions.
(9) The Occupational Safety and Health Administration has
received two petitions in March 2020 calling on the
Occupational Safety and Health Administration to issue an
Emergency Temporary Standard to protect workers from COVID-19.
(10) An Emergency Temporary Standard is necessary to ensure
the immediate protection of workers in health care workplaces
and other high-risk workplaces identified by the Centers for
Disease Control and Prevention and the Occupational Safety and
Health Administration from infection related to COVID-19.
TITLE I--COVID-19 EMERGENCY TEMPORARY STANDARD
SEC. 101. COVID-19 EMERGENCY TEMPORARY STANDARD.
(a) Emergency Temporary Standard.--Pursuant to section 6(c)(1) of
the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(c)(1)),
not later than 1 month after the date of enactment of this Act, the
Secretary of Labor shall promulgate an emergency temporary standard to
protect from occupational exposure to SARS-CoV-2--
(1) employees of health care sector employers; and
(2) employees in other sectors whom the Centers for Disease
Control and Prevention or the Occupational Safety and Health
Administration identifies as having elevated risk.
(b) Permanent Standard.--Upon publication of the emergency standard
under subsection (a), the Secretary of Labor shall commence a
proceeding to promulgate a standard under section 6(c)(3) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655(c)(3)) with
respect to such emergency temporary standard.
(c) Requirements.--Each standard promulgated under this section
shall--
(1) require the employers of the employees described in
subsection (a) to develop and implement a comprehensive
infectious disease exposure control plan; and
(2) at a minimum, be based on the precautions for severe
acute respiratory syndrome (SARS) in the ``2007 Guideline for
Isolation Precautions: Preventing Transmission of Infectious
Agents in Healthcare Settings'' of the Centers for Disease
Control and Prevention and any subsequent updates; and
(3) provide no less protection for novel pathogens than
precautions mandated by standards adopted by a State plan that
has been approved by the Secretary of Labor under section 18 of
the Occupational Safety and Health Act of 1970 (29 U.S.C. 667).
TITLE II--AMENDMENTS TO THE SOCIAL SECURITY ACT
SEC. 201. APPLICATION OF COVID-19 EMERGENCY TEMPORARY STANDARD TO
CERTAIN FACILITIES RECEIVING MEDICARE FUNDS.
(a) In General.--Section 1866 of the Social Security Act (42 U.S.C.
1395cc) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (X), by striking ``and'' at the
end;
(B) in subparagraph (Y), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after subparagraph (Y) the
following new subparagraph:
``(Z) in the case of hospitals that are not
otherwise subject to the Occupational Safety and Health
Act of 1970 (or a State occupational safety and health
plan that is approved under section 18(b) of such Act)
and skilled nursing facilities that are not otherwise
subject to such Act (or such a State occupational
safety and health plan), to comply with the standards
promulgated under section 101 of the Covid-19 Health
Care Worker Protection Act of 2020.''; and
(2) in subsection (b)(4)--
(A) in subparagraph (A), by inserting ``and a
hospital or skilled nursing facility that fails to
comply with the requirement of subsection (a)(1)(Z)
(relating to the standards promulgated under section
101 of the Covid-19 Health Care Worker Protection Act
of 2020)'' after ``Bloodborne Pathogens Standard)'';
and
(B) in subparagraph (B)--
(i) by striking ``(a)(1)(U)'' and inserting
``(a)(1)(V)''; and
(ii) by inserting ``(or, in the case of a
failure to comply with the requirement of
subsection (a)(1)(Z), for a violation of the
standards referred to in such subsection by a
hospital or skilled nursing facility, as
applicable, that is subject to the provisions
of such Act)'' before the period at the end.
(b) Effective Date.--The amendments made by subsection (a) shall
apply beginning on the date that is 1 month after the date of
promulgation of the emergency temporary standard under section 101 of
the COVID-19 Health Care Worker Protection Act of 2020.
DIVISION D--EMERGENCY PAID LEAVE ACT OF 2020
SEC. 101. SHORT TITLE.
This division may be cited as the ``Emergency Paid Leave Act of
2020''.
SEC. 102. EMERGENCY PAID LEAVE BENEFITS.
The Social Security Act is amended by inserting after title V the
following:
``TITLE VI--EMERGENCY PAID LEAVE BENEFITS
``SEC. 601. DEFINITIONS.
``In this title, the following definitions apply:
``(1) Emergency leave day.--
``(A) In general.--The term `emergency leave day'
means, with respect to an individual, a calendar day in
which the individual is not able to engage in
employment due to any of the following reasons:
``(i) The individual has a current
diagnosis of COVID-19.
``(ii) The individual is under quarantine
(including self-imposed quarantine), at the
instruction of a health care provider,
employer, or a local, State, or Federal
official, in order to prevent the spread of
COVID-19.
``(iii) The individual is engaged in
caregiving for an individual who has a current
diagnosis of COVID-19 or is under quarantine as
described in clause (ii).
``(iv) The individual is engaged in
caregiving, because of the COVID-19-related
closing of a school or other care facility or
care program, for a child or other individual
unable to provide self-care.
``(B) Limitation.--No calendar day may be treated
as an emergency leave day with respect to an individual
if the individual--
``(i) received any form of compensation
from an employer (other than State or private
paid leave), including wages or any form of
accrued paid leave, for such day; or
``(ii) was eligible for unemployment
compensation for the week in which such day
occurs.
``(2) Commissioner.--The term `Commissioner' means the
Commissioner of Social Security.
``(3) Eligible individual.--The term `eligible individual'
means an individual who had wages or self-employment income
during the 30-day period ending on the first emergency leave
day with respect to such individual.
``(4) Self-employment income.--The term `self-employment
income' has the meaning given the term in section 1402(b) of
the Internal Revenue Code of 1986 for purposes of the taxes
imposed by section 1401(b) of such Code.
``(5) State.--The term `State' means any State of the
United States or the District of Columbia or any territory or
possession of the United States.
``(6) State or private paid leave.--The term `State or
private paid leave' means a benefit which provides full or
partial wage replacement to employees on the basis of
specifically defined qualifying events described in section 102
of the Family and Medical Leave Act of 1993 or defined by a
written employer policy or State law and which ends either when
the qualifying event is no longer applicable or a set period of
benefits is exhausted.
``(7) Unemployment compensation.--The term unemployment
compensation means--
``(A) `regular compensation', `extended
compensation', and `additional compensation' (as such
terms are defined by section 205 of the Federal-State
Extended Unemployment Compensation Act (26 U.S.C. 3304
note)); and
``(B) assistance under section 410 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5177).
``(8) Wages.--The term `wages' has the meaning given such
term in section 3121(a) of the Internal Revenue Code of 1986
for purposes of the taxes imposed by sections 3101(b) and
3111(b) of such Code.
``SEC. 602. EMERGENCY PAID LEAVE BENEFITS.
``(a) In General.--The Commissioner shall pay an emergency paid
leave benefit, to be paid electronically or, if necessary, by mail, to
each eligible individual for each 30-day period beginning and ending in
the benefit period (not to exceed 3) for which the eligible individual
has filed an application containing such certifications as required
under subsection (e).
``(b) Benefit Amount.--
``(1) In general.--Subject to paragraph (2), the amount of
the emergency paid leave benefit to which an individual is
entitled under subsection (a) for a 30-day period shall be an
amount (not to exceed $4,000) equal to 2/3 of the individual's
average monthly earnings.
``(2) Reduction based on receipt of state or private paid
leave.--The amount of an emergency paid leave benefit to which
an individual is entitled under subsection (a) for a 30-day
period shall be reduced by $1 for each dollar of State or
private paid leave received by the individual for such period.
``(3) Average monthly earnings.--For purposes of this
subsection, an individual's average monthly earnings shall be
equal to the quotient obtained by dividing--
``(A) the total of the wages and self-employment
income received by the individual during the most
recent calendar year preceding an application for an
emergency paid leave benefit under this section for
which data is available to the Commissioner; by
``(B) 12.
``(c) Benefit Period.--For purposes of this section, the benefit
period begins on January 19, 2020, and ends on the date that is 1 year
after the date of enactment of this title.
``(d) Retroactive Benefits.--An application for benefits for any
month beginning and ending in the benefit period may be filed at any
time prior to the date that is 180 days after the end of such benefit
period.
``(e) Application.--
``(1) In general.--An application for an emergency paid
leave benefit under this section for a 30-day period shall
include--
``(A) an attestation by the individual--
``(i) that he or she is an eligible
individual;
``(ii) that at least 14 emergency leave
days with respect to the individual occurred,
or are expected to occur, during such period;
and
``(iii) that the individual has informed
his or her employer of the individual's need to
take emergency leave, if the individual has an
employer.
``(2) Availability.--The Commissioner shall accept
applications online, by telephone, and by mail.
``(3) Authentication of identity.--The Commissioner is
authorized to take such steps as are necessary to authenticate
the identity of applicants.
``(4) Penalties for fraud.--Any fraud or misrepresentation
relating to an application for benefits under this title shall
be treated as a violation of section 208.
``(f) Ineligibility Based on Fraud and Criminal Activity.--
``(1) Ineligibility following certain convictions.--An
individual who has been convicted of a violation under section
208 or who has been found to have used false statements to
secure benefits under this section shall be ineligible for
benefits under this section.
``(2) Ineligibility of prisoners.--An individual shall be
ineligible for a benefit under this section for any 30-day
period with respect to which the individual is an individual
described in clause (i), (ii), or (iii) of section
202(x)(1)(A).
``(g) Review of Eligibility and Benefit Payment Determinations.--
``(1) Burden of proof.--An application for benefits under
this section shall be presumed to be true and accurate, unless
the Commissioner demonstrates by a preponderance of the
evidence that information contained in the application is
false.
``(2) Review.--
``(A) In general.--An individual may request review
of an adverse determination with respect to such
application or of a benefit payment determination and
shall have the same appeals rights as provided under
title II.
``(B) Final determinations.--All final
determinations of the Commissioner under this
subsection shall be reviewable according to the
procedures set out in section 205.
``(3) Program integrity.--The Commissioner shall have the
authority to conduct random sample audits of benefits provided
under this title to ensure compliance with the eligibility
requirements for such benefits.
``(h) Protection of Existing Benefit Rights.--
``(1) In general.--This title does not preempt or supercede
any provision of State or local law that authorizes a State or
local municipality to provide paid leave benefits similar to
the benefits provided under this title.
``(2) Greater benefits allowed.--Nothing in this title
shall be construed to diminish the obligation of an employer to
comply with any contract, collective bargaining agreement, or
any employment benefit program or plan that provides greater
paid leave or other leave rights to employees than the rights
established under this title.
``(i) Reimbursement Grants to States.--Not later than July 1, 2021,
the Secretary of the Treasury, in consultation with the Commissioner of
Social Security, shall make a grant to each State in an amount equal to
the total amount, for all 30-day periods beginning and ending in the
benefit period, by which benefits under this title were reduced under
subsection (b)(2) as a result of State and private paid leave paid by
such State or under the law of such State.
``(j) Applicability of Certain Title II Provisions.--The provisions
of sections 204, 205, 206, and 208 shall apply to benefit payments made
under this section in the same way that such provisions apply to
benefit payments made under title II.
``(k) No Effect on Eligibility for SSI.--Any benefit paid to an
individual under this title shall not be regarded as income or
resources for any month, for purposes of determining the eligibility of
the recipient (or the recipient's spouse or family) for benefits or
assistance, or the amount or extent of benefits or assistance, under
the Supplemental Security Income program.
``SEC. 603. FUNDING AND EXPEDITED IMPLEMENTATION AUTHORITY.
``(a) Funding.--There are appropriated such sums as necessary to
the Commissioner of Social Security to administer and pay benefits
under the program established under this title, and to the Secretary of
the Treasury for reimbursement grants under section 602(i).
``(b) Expedited Implementation Authority.--In order to expedite the
implementation of the emergency paid leave program under this title,
the Commissioner is authorized to waive existing Federal requirements
regarding paperwork reduction, system of records notices, contracting
and acquisitions, and hiring.
``(c) Protection of Existing Employee Rights.--This title does not
preempt or supersede existing collective bargaining agreements.
``SEC. 604. PROTECTION OF SOCIAL SECURITY TRUST FUNDS.
``No funds from the Federal Old-Age and Survivors Insurance Trust
Fund or the Federal Disability Insurance Trust Fund, or appropriated to
the Social Security Administration for the administration of titles II
or XVI, may be used for any purpose under this title.
``SEC. 605. TAXATION OF EMERGENCY LEAVE BENEFITS.
``No amount received by an individual under this title shall be
included in gross income for purposes of the Internal Revenue Code of
1986.''.
SEC. 103. AMENDMENTS TO THE FAMILY AND MEDICAL LEAVE ACT OF 1993.
(a) Public Health Emergency Leave.--Section 102(a)(1) of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended by
adding at the end the following:
``(F) During the 2-year period beginning on the
date of the enactment of the Emergency Paid Leave Act
of 2020, because of a qualifying need related to a
public health emergency in accordance with section
110.''.
(b) Requirements.--Title I of the Family and Medical Leave Act of
1993 (29 U.S.C. 2611 et seq.) is amended by adding at the end the
following:
``SEC. 110. PUBLIC HEALTH EMERGENCY LEAVE.
``(a) Definitions.--The following shall apply with respect to leave
under section 102(a)(1)(F):
``(1) Application of certain terms.--The definitions in
section 101 shall apply, except as follows:
``(A) Eligible employee.--In lieu of the definition
in section 101(4)(A), the term `eligible employee'
means an individual who has been employed for at least
30 days by the employer with respect to whom leave is
requested under section 102(a)(1)(F).
``(B) Employer threshold.--Section 101(4)(A)(i)
shall be applied by substituting `1 or more employees'
for `50 or more employees for each working day during
each of 20 or more calendar workweeks in the current or
preceding calendar year'.
``(C) Health care provider.--In section 101(6), the
term `health care provider' includes a nurse
practitioner.
``(D) Parent.--In lieu of the definition in section
101(7), the term `parent', with respect to an employee,
means any of the following:
``(i) A biological, foster, or adoptive
parent of the employee.
``(ii) A stepparent of the employee.
``(iii) A parent-in-law of the employee.
``(iv) A parent of a domestic partner of
the employee.
``(v) A legal guardian or other person who
stood in loco parentis to an employee when the
employee was a child.
``(2) Additional definitions.--In addition to the
definitions described in paragraph (1), the following
definitions shall apply with respect to leave under section
102(a)(1)(F):
``(A) Qualifying need related to a public health
emergency.--The term `qualifying need related to a
public health emergency', with respect to leave, means
that a public health emergency has been declared in a
location that includes the employee's work (including
the commuting route of the employee), residence, or
community, and the employee has a need for leave for
one of the following:
``(i) To comply with a recommendation or
order by a health authority having jurisdiction
or a health care provider on the basis that--
``(I) the physical presence of the
employee on the job would jeopardize
the health of others because of--
``(aa) the exposure of the
employee to coronavirus; or
``(bb) exhibition of
symptoms of coronavirus by the
employee; and
``(II) the employee is unable to
both perform the functions of the
position of such employee and comply
with such recommendation or order.
``(ii) To care for a family member of an
eligible employee with respect to whom a health
authority having jurisdiction or a health care
provider makes a determination that the
presence of the family member in the community
would jeopardize the health of other
individuals in the community because of--
``(I) the exposure of such family
member to coronavirus; or
``(II) exhibition of symptoms of
coronavirus by such family member.
``(iii) To care for the son or daughter of
such employee if the school or place of care
has been closed, or the child care provider of
such son or daughter is unavailable, due to a
public health emergency.
``(B) Public health emergency.--The term `public
health emergency' means an emergency with respect to
coronavirus declared by a Federal, State, or local
authority.
``(C) Child care provider.--The term `child care
provider' means a provider who receives compensation
for providing child care services on a regular basis,
including an `eligible child care provider' (as defined
in section 658P of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858n)).
``(D) Coronavirus.--The term `coronavirus' has the
meaning given the term in section 506 of the
Coronavirus Preparedness and Response Supplemental
Appropriations Act, 2020.
``(E) School.--The term `school' means an
`elementary school' or `secondary school' as such terms
are defined in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
``(F) Family.--The term `family member', with
respect to an employee, means any of the following:
``(i) A parent of the employee.
``(ii) A spouse of the employee.
``(iii) A sibling of the employee.
``(iv) Next of kin of the employee or a
person for whom the employee is next of kin.
``(v) A son or daughter of the employee.
``(vi) A grandparent or grandchild of the
employee.
``(b) Leave Taken Intermittently or on a Reduced Work Schedule.--
``(1) In general.--Subject to paragraph (2), leave taken
under section 102(a)(1)(F) may not be taken intermittently or
on a reduced work schedule.
``(2) Care for son or daughter.--Paragraph (1) shall not
apply with respect to leave taken for the purpose described in
subsection (a)(2)(A)(iii) if the son or daughter of the
employee with respect to whom the subsection applies has not
been exposed to coronavirus.
``(c) Relationship to Paid Leave.--
``(1) In general.--An employee may elect to substitute any
of the accrued vacation leave, personal leave, or medical or
sick leave for leave under section 102(a)(1)(F) in accordance
with section 102(d)(2)(B).
``(2) Employer requirement.--An employer may not require an
employee to substitute any leave as described in paragraph (1)
for leave under section 102(a)(1)(F).
``(d) Notice.--In any case where the necessity for leave under
section 102(a)(1)(F) for the purpose described in subsection
(a)(2)(A)(iii) is foreseeable, an employee shall provide the employer
with such notice of leave as is practicable.
``(e) Certification.--
``(1) In general.--An employer may require that a request
for leave under section 102(a)(1)(F) be supported by
documentation described in paragraph (2). An employer may not
require such documentation until not later than 3 weeks after
the date on which the employee takes such leave.
``(2) Sufficient certification.--The following
documentation shall be sufficient certification:
``(A) With respect to leave taken for the purposes
described in clause (i) or (ii) of subsection
(a)(2)(A)--
``(i) a recommendation or order from a
health authority having jursidiction or a
health care provider that the relevant
individual has symptoms of coronavirus or
should be quarantined; or
``(ii) documentation or evidence that the
relevant individual has been exposed to
coronavirus.
``(B) With respect to leave taken for the purposes
described in clause (iii) of subsection (a)(2)(A),
notice from the school, place of care, or child care
provider of the son or daughter of the employee of
closure or unavailability.
``(f) Restoration to Position.--
``(1) In general.--Section 104(a)(1) shall not apply with
respect to an employee of an employer who employs fewer than 25
employees if the conditions described in paragraph (2) are met.
``(2) Conditions.--The conditions described in this
paragraph are the following:
``(A) The employee takes leave under section
102(a)(1)(F).
``(B) The position held by the employee when the
leave commenced does not exist due to economic
conditions or other changes in operating conditions of
the employer--
``(i) that affect employment; and
``(ii) are caused by a public health crisis
during the period of leave.
``(C) The employer makes reasonable efforts to
restore the employee to a position equivalent to the
position the employee held when the leave commenced,
with equivalent employment benefits, pay, and other
terms and conditions of employment.
``(D) If the reasonable efforts of the employer
under subparagraph (C) fail, the employer makes
reasonable efforts during the period described in
paragraph (3) to contact the employee if an equivalent
position described in subparagraph (C) becomes
available.
``(3) Contact period.--The period described under this
paragraph is the 1-year period beginning on the earlier of--
``(A) the date on which the qualifying need related
to a public health emergency concludes; or
``(B) the date that is 12 weeks after the date on
which the employee's leave under section 102(a)(1)(F)
commences.''.
DIVISION E--EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION AND ACCESS
ACT OF 2020
SEC. 101. SHORT TITLE.
This division may be cited as the ``Emergency Unemployment
Insurance Stabilization and Access Act of 2020''.
SEC. 102. EMERGENCY TRANSFERS FOR UNEMPLOYMENT COMPENSATION
ADMINISTRATION.
(a) In General.--Section 903 of the Social Security Act (42 U.S.C.
1103) is amended by adding at the end the following:
``Emergency Transfers in Fiscal Year 2020 for Administration
``(h)(1)(A) In addition to any other amounts, the Secretary of
Labor shall provide for the making of emergency administration grants
in fiscal year 2020 to the accounts of the States in the Unemployment
Trust Fund, by transfer from amounts reserved for that purpose in the
Federal unemployment account, in accordance with succeeding provisions
of this subsection.
``(B) The amount of an emergency administration grant with respect
to a State shall, as determined by the Secretary of Labor, be equal to
the amount obtained by multiplying $1,000,000,000 by the same ratio as
would apply under subsection (a)(2)(B) for purposes of determining such
State's share of any excess amount (as described in subsection (a)(1))
that would have been subject to transfer to State accounts, as of
October 1, 2019, under the provisions of subsection (a).
``(C) Of the emergency administration grant determined under
subparagraph (B) with respect to a State--
``(i) not later than 30 days after the date of enactment of
this subsection, 50 percent shall be transferred to the account
of such State upon a certification by the Secretary of Labor to
the Secretary of the Treasury that the State meets the
requirements of paragraph (2); and
``(ii) only with respect to a State in which the number of
unemployment compensation claims has increased by at least 10
percent over the previous calendar year, the remainder shall be
transferred to the account of such State upon a certification
by the Secretary of Labor to the Secretary of the Treasury that
the State meets the requirements of paragraph (3).
``(2) The requirements of this paragraph with respect to a State
are the following:
``(A) The State requires employers to provide notification
of the availability of unemployment compensation to employees
at the time of separation from employment. Such notification
may be based on model language issued by the Secretary of
Labor.
``(B) The State ensures that applications for unemployment
compensation, and assistance with the application process, are
accessible in at least two of the following: in-person, by
phone, or online.
``(C) The State notifies applicants when an application is
received and is being processed, and in any case in which an
application is unable to be processed, provides information
about steps the applicant can take to ensure the successful
processing of the application.
``(3) The requirements of this paragraph with respect to a State
are the following:
``(A) The State has expressed its commitment to maintain
and strengthen access to the unemployment compensation system,
including through initial and continued claims.
``(B) The State has demonstrated steps it has taken or will
take to ease eligibility requirements and access to
unemployment compensation for claimants, including waiving work
search requirements and the waiting week, and directly or
indirectly relieving benefit charges for claimants and
employers directly impacted by COVID-19 due to an illness in
the workplace or direction from a public health official to
isolate or quarantine workers.
``(4) Any amount transferred to the account of a State under this
subsection may be used by such State only for the administration of its
unemployment compensation law, including by taking such steps as may be
necessary to ensure adequate resources in periods of high demand.
``(5) Not later than 1 year after the date of enactment of the
Emergency Unemployment Insurance Stabilization and Access Act of 2020,
each State receiving emergency administration grant funding under
paragraph (1)(C)(i) shall submit to the Secretary of Labor, the
Committee on Ways and Means of the House of Representatives, and the
Committee on Finance of the Senate, a report that includes--
``(A) an analysis of the recipiency rate for unemployment
compensation in the State as such rate has changed over time;
``(B) a description of steps the State intends to take to
increase such recipiency rate.
``(6)(A) Notwithstanding any other provision of law, the Secretary
of the Treasury shall transfer from the general fund of the Treasury
(from funds not otherwise appropriated) to the employment security
administration account (as established by section 901 of the Social
Security Act) such sums as the Secretary of Labor estimates to be
necessary for purposes of making the transfers described in paragraph
(1)(C).
``(B) There are appropriated from the general fund of the Treasury,
without fiscal year limitation, the sums referred to in the preceding
sentence and such sums shall not be required to be repaid.''.
(b) Emergency Flexibility.--Notwithstanding any other law, if a
State modifies its unemployment compensation law and policies
(including with respect to work search, waiting week, good cause, and
employer experience rating) on an emergency temporary basis as needed
to respond to the spread of COVID-19, such modifications shall be
disregarded for the purposes of applying section 303 of the Social
Security Act and section 3304 of the Internal Revenue Code of 1986 to
such State law.
(c) Regulations.--The Secretary of Labor may prescribe any
regulations, operating instructions, or other guidance necessary to
carry out the amendment made by subsection (a).
SEC. 103. TEMPORARY ASSISTANCE FOR STATES WITH ADVANCES.
Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C.
1322(b)(10)(A)) is amended by striking ``beginning on the date of
enactment of this paragraph and ending on December 31, 2010'' and
inserting ``beginning on the date of enactment of the Emergency
Unemployment Insurance Stabilization and Access Act of 2020 and ending
on December 31, 2020''.
SEC. 104. TECHNICAL ASSISTANCE AND GUIDANCE FOR SHORT-TIME COMPENSATION
PROGRAMS.
The Secretary of Labor shall assist States in establishing,
implementing, and improving the employer awareness of short-time
compensation programs (as defined in section 3306(v) of the Internal
Revenue Code of 1986) to help avert layoffs, including by providing
technical assistance and guidance.
SEC. 105. FULL FEDERAL FUNDING OF EXTENDED UNEMPLOYMENT COMPENSATION
FOR A LIMITED PERIOD.
(a) In General.--In the case of sharable extended compensation and
sharable regular compensation paid for weeks of unemployment beginning
after the date of the enactment of this section and before December 31,
2020 (and only with respect to States that receive emergency
administration grant funding under clauses (i) and (ii) of section
903(h)(1)(C) of the Social Security Act (42 U.S.C. 1102(h)(1)(C))),
section 204(a)(1) of the Federal-State Extended Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note) shall be applied by
substituting ``100 percent of'' for ``one-half of''.
(b) Temporary Federal Matching for the First Week of Extended
Benefits for States With No Waiting Week.--With respect to weeks of
unemployment beginning after the date of the enactment of this Act and
ending on or before December 31, 2020, subparagraph (B) of section
204(a)(2) of the Federal-State Extended Unemployment Compensation Act
of 1970 (26 U.S.C. 3304 note) shall not apply.
(c) Definitions.--For purposes of this section--
(1) the terms ``sharable extended compensation'' and
``sharable regular compensation'' have the respective meanings
given such terms under section 204 of the Federal-State
Extended Unemployment Compensation Act of 1970; and
(2) the term ``week'' has the meaning given such term under
section 205 of the Federal-State Extended Unemployment
Compensation Act of 1970.
(d) Regulations.--The Secretary of Labor may prescribe any
operating instructions or regulations necessary to carry out this
section.
DIVISION F--PAID SICK DAYS FOR PUBLIC HEALTH EMERGENCIES AND PERSONAL
AND FAMILY CARE
SEC. 101. SHORT TITLE.
This division may be cited as the ``Paid Sick Days for Public
Health Emergencies and Personal and Family Care Act''.
SEC. 102. DEFINITIONS.
In this Act:
(1) Child.--The term ``child'' means a biological, foster,
or adopted child, a stepchild, a child of a domestic partner, a
legal ward, or a child of a person standing in loco parentis.
(2) Domestic partner.--
(A) In general.--The term ``domestic partner'',
with respect to an individual, means another individual
with whom the individual is in a committed
relationship.
(B) Committed relationship defined.--The term
``committed relationship'' means a relationship between
2 individuals, each at least 18 years of age, in which
each individual is the other individual's sole domestic
partner and both individuals share responsibility for a
significant measure of each other's common welfare. The
term includes any such relationship between 2
individuals, including individuals of the same sex,
that is granted legal recognition by a State or
political subdivision of a State as a marriage or
analogous relationship, including a civil union or
domestic partnership.
(3) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(a)), except that the
reference in such section to the term ``jurisdiction receiving
grant monies'' shall be deemed to mean the jurisdiction in
which the victim lives or the jurisdiction in which the
employer involved is located. Such term also includes dating
violence, as that term is defined in such section.
(4) Employee.--The term ``employee'' means an individual
who is--
(A)(i) an employee, as defined in section 3(e) of
the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)), who is not covered under subparagraph (E),
including such an employee of the Library of Congress,
except that a reference in such section to an employer
shall be considered to be a reference to an employer
described in clauses (i)(I) and (ii) of paragraph
(5)(A); or
(ii) an employee of the Government Accountability
Office;
(B) a State employee described in section 304(a) of
the Government Employee Rights Act of 1991 (42 U.S.C.
2000e-16c(a));
(C) a covered employee, as defined in section 101
of the Congressional Accountability Act of 1995 (2
U.S.C. 1301), other than an applicant for employment;
(D) a covered employee, as defined in section
411(c) of title 3, United States Code; or
(E) a Federal officer or employee covered under
subchapter V of chapter 63 of title 5, United States
Code.
(5) Employer.--
(A) In general.--The term ``employer'' means a
person who is--
(i)(I) a covered employer, as defined in
subparagraph (B), who is not covered under
subclause (V);
(II) an entity employing a State employee
described in section 304(a) of the Government
Employee Rights Act of 1991;
(III) an employing office, as defined in
section 101 of the Congressional Accountability
Act of 1995;
(IV) an employing office, as defined in
section 411(c) of title 3, United States Code;
or
(V) an employing agency covered under
subchapter V of chapter 63 of title 5, United
States Code; and
(ii) engaged in commerce (including
government), or an industry or activity
affecting commerce (including government), as
defined in subparagraph (B)(iii).
(B) Covered employer.--
(i) In general.--In subparagraph (A)(i)(I),
the term ``covered employer''--
(I) means any person engaged in
commerce or in any industry or activity
affecting commerce who employs 1 or
more employees;
(II) includes--
(aa) any person who acts,
directly or indirectly, in the
interest of an employer to any
of the employees of such
employer; and
(bb) any successor in
interest of an employer;
(III) includes any ``public
agency'', as defined in section 3(x) of
the Fair Labor Standards Act of 1938
(29 U.S.C. 203(x)); and
(IV) includes the Government
Accountability Office and the Library
of Congress.
(ii) Public agency.--For purposes of clause
(i)(IV), a public agency shall be considered to
be a person engaged in commerce or in an
industry or activity affecting commerce.
(iii) Definitions.--For purposes of this
subparagraph:
(I) Commerce.--The terms
``commerce'' and ``industry or activity
affecting commerce'' mean any activity,
business, or industry in commerce or in
which a labor dispute would hinder or
obstruct commerce or the free flow of
commerce, and include ``commerce'' and
any ``industry affecting commerce'', as
defined in paragraphs (1) and (3) of
section 501 of the Labor Management
Relations Act, 1947 (29 U.S.C. 142 (1)
and (3)).
(II) Employee.--The term
``employee'' has the same meaning given
such term in section 3(e) of the Fair
Labor Standards Act of 1938 (29 U.S.C.
203(e)).
(III) Person.--The term ``person''
has the same meaning given such term in
section 3(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
203(a)).
(C) Predecessors.--Any reference in this paragraph
to an employer shall include a reference to any
predecessor of such employer.
(6) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to employees by
an employer, including group life insurance, health insurance,
disability insurance, sick leave, annual leave, educational
benefits, and pensions, regardless of whether such benefits are
provided by a practice or written policy of an employer or
through an ``employee benefit plan'', as defined in section
3(3) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(3)).
(7) Health care provider.--The term ``health care
provider'' means a provider who--
(A)(i) is a doctor of medicine or osteopathy who is
authorized to practice medicine or surgery (as
appropriate) by the State in which the doctor
practices; or
(ii) is any other person determined by the
Secretary to be capable of providing health care
services; and
(B) is not employed by an employer for whom the
provider issues certification under this Act.
(8) Paid sick time.--The term ``paid sick time'' means an
increment of compensated leave that--
(A) can be--
(i) earned by an employee for use during an
absence from employment for a reason described
in any paragraph of section 3(b); or
(ii) provided by an employer during a
public health emergency for use during an
absence from employment for a reason described
in any paragraph of section 3(b); and
(B) is compensated at a rate that is not less than
the greatest of--
(i) the employee's regular rate of pay;
(ii) the minimum wage rate provided for in
section 6(a)(1) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206(a)(1)); or
(iii) the minimum wage rate provided for in
the applicable State or local law for the State
or locality in which the employee is employed.
(9) Parent.--The term ``parent'' means a biological,
foster, or adoptive parent of an employee, a stepparent of an
employee, parent-in-law, parent of a domestic partner, or a
legal guardian or other person who stood in loco parentis to an
employee when the employee was a child.
(10) Public health emergency.--The term ``public health
emergency'' means a public health emergency--
(A) declared by the Secretary of Health and Human
Services for a jurisdiction, or by a State public
health official with authority to declare such an
emergency for the State or jurisdiction within the
State; and
(B) due to a public health condition that is--
(i) emergent and acute; and
(ii) not a longstanding, chronic public
health condition.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(12) Sexual assault.--The term ``sexual assault'' has the
meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(a)).
(13) Spouse.--The term ``spouse'', with respect to an
employee, has the meaning given such term by the marriage laws
of the State in which the marriage was celebrated.
(14) Stalking.--The term ``stalking'' has the meaning given
the term in section 40002(a) of the Violence Against Women Act
of 1994 (34 U.S.C. 12291(a)).
(15) State.--The term ``State'' has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
(16) Victim services organization.--The term ``victim
services organization'' means a nonprofit, nongovernmental
organization that provides assistance to victims of domestic
violence, sexual assault, or stalking or advocates for such
victims, including a rape crisis center, an organization
carrying out a domestic violence, sexual assault, or stalking
prevention or treatment program, an organization operating a
shelter or providing counseling services, or a legal services
organization or other organization providing assistance through
the legal process.
SEC. 103. PAID SICK TIME.
(a) Earning of Paid Sick Time.--
(1) In general.--
(A) Earning.--Subject to subsection (c) and
paragraph (2), an employer shall provide each employee
employed by the employer not less than 1 hour of earned
paid sick time for every 30 hours worked, to be used as
described in subsection (b).
(B) Limit.--An employer shall not be required to
permit an employee to earn, under this subsection, more
than 56 hours of paid sick time in a year, unless the
employer chooses to set a higher limit.
(2) Exempt employees.--
(A) In general.--Except as provided in paragraph
(3), for purposes of this subsection, an employee who
is exempt from overtime requirements under section
13(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 213(a)(1)) shall be assumed to work 40 hours in
each workweek.
(B) Shorter normal workweek.--If the normal
workweek of such an employee is less than 40 hours, the
employee shall earn paid sick time under this
subsection based upon that normal workweek.
(3) Dates for beginning to earn paid sick time and use.--
(A) In general.--Employees shall begin to earn paid
sick time under this subsection at the commencement of
their employment. An employee shall be entitled to use
the earned paid sick time beginning on the 60th
calendar day following commencement of the employee's
employment. After that 60th calendar day, the employee
may use the paid sick time as the time is earned. An
employer may, at the discretion of the employer, loan
paid sick time to an employee for use by such employee
in advance of the employee earning such sick time as
provided in this subsection and may permit use before
the 60th day of employment.
(B) Public health emergency.--Subparagraph (A)
shall not apply with respect to additional paid sick
time provided under subsection (c). In the event of a
public health emergency, an employee may immediately
use the additional or accrued paid sick time described
in subsection (c), regardless of how long the employee
has been employed by an employer.
(4) Carryover.--
(A) In general.--Except as provided in subparagraph
(B), paid sick time earned under this subsection shall
carry over from 1 year to the next.
(B) Construction.--This subsection shall not be
construed to require an employer to permit an employee
to earn more than 56 hours of earned paid sick time at
a given time.
(5) Employers with existing policies.--Any employer with a
paid leave policy who makes available an amount of paid leave
that is sufficient to meet the requirements of this subsection
and that may be used for the same purposes and under the same
conditions as the purposes and conditions outlined in
subsection (b) shall not be required to permit an employee to
earn more paid sick time under this subsection.
(6) Construction.--Nothing in this section shall be
construed as requiring financial or other reimbursement to an
employee from an employer upon the employee's termination,
resignation, retirement, or other separation from employment
for earned paid sick time that has not been used.
(7) Employment under multiemployer bargaining agreements.--
(A) An employer signatory to a multiemployer
collective bargaining agreement may fulfill its
obligations under this Act by making contributions to a
multiemployer fund, plan or program based on the hours
each of its employees accrues pursuant to this
subsection (a) while working under the multiemployer
collective bargaining agreement, provided that the
fund, plan or program enables employees to secure pay
from such fund, plan or program based on hours they
have worked under the multiemployer collective
bargaining agreement and for the uses specified under
subsections (b)(1), (2), (6) and (7).
(B) Employees who work under a multiemployer
collective bargaining agreement into which their
employers make contributions as provided in
subparagraph (A) may secure pay from such fund, plan or
program based on hours they have worked under the
multiemployer collective bargaining agreement for the
uses specified under subsections (b)(1), (2), (6) and
(7).
(8) Reinstatement.--If an employee is separated from
employment with an employer and is rehired, within 12 months
after that separation, by the same employer, the employer shall
reinstate the employee's previously earned paid sick time under
this subsection. The employee shall be entitled to use the
earned paid sick time and earn more paid sick time at the
recommencement of employment with the employer.
(9) Prohibition.--An employer may not require, as a
condition of providing paid sick time under this Act, that the
employee involved search for or find a replacement employee to
cover the hours during which the employee is using paid sick
time.
(10) Scheduling.--An employee shall make a reasonable
effort to schedule a period of accrued paid sick time under
this subsection in a manner that does not unduly disrupt the
operations of the employer.
(b) Uses.--Paid sick time under this section may be used by an
employee for any of the following:
(1) An absence resulting from a physical or mental illness,
injury, or medical condition of the employee.
(2) An absence resulting from obtaining professional
medical diagnosis or care, or preventive medical care, for the
employee.
(3) An absence resulting from the closure of an employee's
place of employment by order of a Federal or State public
official with jurisdiction, or at the employer's discretion,
due to a public health emergency.
(4) An absence because a Federal or State public official
with jurisdiction or a health care provider has determined that
the employee's presence in the community may jeopardize the
health of others because of the employee's exposure to a
communicable disease during a public health emergency,
regardless of whether the employee has actually contracted the
communicable disease.
(5) An absence for the purpose of caring for a child, a
parent, a spouse, a domestic partner, or any other individual
related by blood or affinity whose close association with the
employee is the equivalent of a family relationship--
(A) who is a child, if the child's school or place
of care has been closed by order of a Federal or State
public official with jurisdiction or at the discretion
of the school or place of care due to a public health
emergency, including if a school or entity operating
the place of care is physically closed but is providing
education or care to the child remotely; or
(B) because a Federal or State public official with
jurisdiction or a health care provider has determined
that the presence in the community of the person
receiving care may jeopardize the health of others
because of the person's exposure to a communicable
disease during a public health emergency, regardless of
whether the person has actually contracted the
communicable disease.
(6) An absence for the purpose of caring for a child, a
parent, a spouse, a domestic partner, or any other individual
related by blood or affinity whose close association with the
employee is the equivalent of a family relationship--
(A) who has any of the conditions or needs for
diagnosis or care described in paragraph (1) or (2);
(B) who is a child, if the employee is required to
attend a school meeting or a meeting at a place where
the child is receiving care necessitated by the child's
health condition or disability; or
(C) who is otherwise in need of care.
(7) An absence resulting from domestic violence, sexual
assault, or stalking, if the time is to--
(A) seek medical attention for the employee or the
employee's child, parent, spouse, domestic partner, or
an individual related to the employee as described in
paragraph (6), to recover from physical or
psychological injury or disability caused by domestic
violence, sexual assault, or stalking;
(B) obtain or assist a related person described in
paragraph (6) in obtaining services from a victim
services organization;
(C) obtain or assist a related person described in
paragraph (6) in obtaining psychological or other
counseling;
(D) seek relocation; or
(E) take legal action, including preparing for or
participating in any civil or criminal legal proceeding
related to or resulting from domestic violence, sexual
assault, or stalking.
(c) Additional Paid Sick Time for Public Health Emergency.--
(1) Additional paid sick time.--On the date of a
declaration of a public health emergency, an employer in the
jurisdiction involved shall provide each employee of the
employer in that jurisdiction with additional paid sick time,
in addition to any amount of paid sick time accrued by the
employee under subsection (a) (including paid leave referred to
in subsection (a)(4)).
(2) Amount of paid sick time.--In receiving additional paid
sick time under paragraph (1), the employee shall receive--
(A) for a full-time salaried employee, a specified
amount of paid sick time that is sufficient to provide
the employee with 14 continuous days away from work
without a reduction in pay; and
(B) for a part-time or hourly employee, a specified
amount of paid sick time equal to the number of hours
that the employee was scheduled to work or, if not so
scheduled, regularly works in a 14-day period.
(3) Use of leave.--The additional sick time and accrued
sick time described in this subsection shall be available for
immediate use by the employee for the purposes described in any
paragraph of subsection (b) beginning on the date a public
health emergency is declared, regardless of how long the
employee has been employed by an employer.
(4) Sequencing.--During the public health emergency, an
employee may first use the additional sick time for those
purposes. The employee may then use the accrued sick time
during the public health emergency, or retain the accrued sick
time for use after the public health emergency. An employer may
not require an employee to use the accrued sick time, or any
other paid leave provided by the employer to the employee,
before using the additional sick time.
(5) Periods.--An employee may take the additional sick time
on the schedule that meets the employee's needs, consistent
with subsection (b), including taking the additional sick time
intermittently or on a reduced leave schedule, and an employer
may not require an employee to take the additional sick time in
a single period or on any other schedule specified by the
employer.
(6) Reimbursement for wages.--
(A) Definition.--In this paragraph, the term
``qualified employer'' means an employer who employs 50
or fewer employees.
(B) Reimbursement.--A qualified employer of an
employee who uses additional paid sick time under this
subsection during a public health emergency shall be
reimbursed by the Secretary of the Treasury for the
wages paid to the employee for the period during which
the employee used the additional paid sick time.
(C) Process.--To be eligible to receive such
reimbursement, the qualified employer shall submit to
the Secretary of Labor an affidavit that attests that
the employer provided such additional paid sick time,
and related records showing the period of and wages
associated with the additional paid sick time. On the
Secretary's determination that the employer provided an
amount of such additional paid sick time to an
employee, the Secretary shall transmit the affidavit
and records to the Secretary of the Treasury, and that
Secretary shall provide timely reimbursement.
(d) Procedures.--
(1) In general.--Paid sick time shall be provided upon the
oral or written request of an employee. Such request shall--
(A) include the expected duration of the period of
such time;
(B) in a case in which the need for such period of
time is foreseeable at least 7 days in advance of such
period, be provided at least 7 days in advance of such
period; and
(C) otherwise, be provided as soon as practicable
after the employee is aware of the need for such
period.
(2) Certification in general.--
(A) Provision.--
(i) In general.--Subject to subparagraphs
(C) and (D), an employer may require that a
request for paid sick time under this section
for a purpose described in paragraph (1), (2),
or (6) of subsection (b) be supported by a
certification issued by the health care
provider of the eligible employee or of an
individual described in subsection (b)(6), as
appropriate, if the period of such time covers
more than 3 consecutive workdays.
(ii) Timeliness.--The employee shall
provide a copy of such certification to the
employer in a timely manner, not later than 30
days after the first day of the period of time.
The employer shall not delay the commencement
of the period of time on the basis that the
employer has not yet received the
certification.
(B) Sufficient certification.--
(i) In general.--A certification provided
under subparagraph (A) shall be sufficient if
it states--
(I) the date on which the period of
time will be needed;
(II) the probable duration of the
period of time;
(III) the appropriate medical facts
within the knowledge of the health care
provider regarding the condition
involved, subject to clause (ii); and
(IV)(aa) for purposes of paid sick
time under subsection (b)(1), a
statement that absence from work is
medically necessary;
(bb) for purposes of such time
under subsection (b)(2), the dates on
which testing for a medical diagnosis
or care is expected to be given and the
duration of such testing or care; and
(cc) for purposes of such time
under subsection (b)(6), in the case of
time to care for someone who is not a
child, a statement that care is needed
for an individual described in such
subsection, and an estimate of the
amount of time that such care is needed
for such individual.
(ii) Limitation.--In issuing a
certification under subparagraph (A), a health
care provider shall make reasonable efforts to
limit the medical facts described in clause
(i)(III) that are disclosed in the
certification to the minimum necessary to
establish a need for the employee to utilize
paid sick time.
(C) Public health emergencies.--No certification or
other documentation may be required under this Act by
an employer during any public health emergency.
(D) Regulations.--Regulations prescribed under
section 12 shall specify the manner in which an
employee who does not have health insurance shall
provide a certification for purposes of this paragraph.
(E) Confidentiality and nondisclosure.--
(i) Protected health information.--Nothing
in this Act shall be construed to require a
health care provider to disclose information in
violation of section 1177 of the Social
Security Act (42 U.S.C. 1320d-6) or the
regulations promulgated pursuant to section
264(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2
note).
(ii) Health information records.--If an
employer possesses health information about an
employee or an employee's child, parent,
spouse, domestic partner, or an individual
related to the employee as described in
subsection (b)(6), such information shall--
(I) be maintained on a separate
form and in a separate file from other
personnel information;
(II) be treated as a confidential
medical record; and
(III) not be disclosed except to
the affected employee or with the
permission of the affected employee.
(3) Certification in the case of domestic violence, sexual
assault, or stalking.--
(A) In general.--An employer may require that a
request for paid sick time under this section for a
purpose described in subsection (b)(7) be supported by
any one of the following forms of documentation, but
the employer may not specify the particular form of
documentation to be provided:
(i) A police report indicating that the
employee, or a member of the employee's family
described in subsection (b)(7), was a victim of
domestic violence, sexual assault, or stalking.
(ii) A court order protecting or separating
the employee or a member of the employee's
family described in subsection (b)(7) from the
perpetrator of an act of domestic violence,
sexual assault, or stalking, or other evidence
from the court or prosecuting attorney that the
employee or a member of the employee's family
described in subsection (b)(7) has appeared in
court or is scheduled to appear in court in a
proceeding related to domestic violence, sexual
assault, or stalking.
(iii) Other documentation signed by an
employee or volunteer working for a victim
services organization, an attorney, a police
officer, a medical professional, a social
worker, an antiviolence counselor, or a member
of the clergy, affirming that the employee or a
member of the employee's family described in
subsection (b)(7) is a victim of domestic
violence, sexual assault, or stalking.
(B) Requirements.--The requirements of paragraph
(2) shall apply to certifications under this paragraph,
except that--
(i) subclauses (III) and (IV) of
subparagraph (B)(i) and subparagraph (B)(ii) of
such paragraph shall not apply;
(ii) the certification shall state the
reason that the leave is required with the
facts to be disclosed limited to the minimum
necessary to establish a need for the employee
to be absent from work, and the employee shall
not be required to explain the details of the
domestic violence, sexual assault, or stalking
involved; and
(iii) with respect to confidentiality under
subparagraph (E) of such paragraph, any
information provided to the employer under this
paragraph shall be confidential, except to the
extent that any disclosure of such information
is--
(I) requested or consented to in
writing by the employee; or
(II) otherwise required by
applicable Federal or State law.
SEC. 104. NOTICE REQUIREMENT.
(a) In General.--Each employer shall notify each employee and
include in any employee handbook the information described in
paragraphs (1) through (4). Each employer shall post and keep posted a
notice, to be prepared or approved in accordance with procedures
specified in regulations prescribed under section 12, setting forth
excerpts from, or summaries of, the pertinent provisions of this Act
including--
(1) information describing paid sick time available to
employees under this Act;
(2) information pertaining to the filing of an action under
this Act;
(3) the details of the notice requirement for a foreseeable
period of time under section 5(e)(1)(B); and
(4) information that describes--
(A) the protections that an employee has in
exercising rights under this Act; and
(B) how the employee can contact the Secretary (or
other appropriate authority as described in section 6)
if any of the rights are violated.
(b) Location.--The notice described under subsection (a) shall be
posted--
(1) in conspicuous places on the premises of the employer,
where notices to employees (including applicants) are
customarily posted; or
(2) in employee handbooks.
(c) Violation; Penalty.--Any employer who willfully violates the
posting requirements of this section shall be subject to a civil fine
in an amount not to exceed $100 for each separate offense.
SEC. 105. PROHIBITED ACTS.
(a) Interference With Rights.--
(1) Exercise of rights.--It shall be unlawful for any
employer to interfere with, restrain, or deny the exercise of,
or the attempt to exercise, any right provided under this Act,
including--
(A) discharging or discriminating against
(including retaliating against) any individual,
including a job applicant, for exercising, or
attempting to exercise, any right provided under this
Act;
(B) using the taking of paid sick time under this
Act as a negative factor in an employment action, such
as hiring, promotion, reducing hours or number of
shifts, or a disciplinary action; or
(C) counting the paid sick time under a no-fault
attendance policy or any other absence control policy.
(2) Discrimination.--It shall be unlawful for any employer
to discharge or in any other manner discriminate against
(including retaliating against) any individual, including a job
applicant, for opposing any practice made unlawful by this Act.
(b) Interference With Proceedings or Inquiries.--It shall be
unlawful for any person to discharge or in any other manner
discriminate against (including retaliating against) any individual,
including a job applicant, because such individual--
(1) has filed an action, or has instituted or caused to be
instituted any proceeding, under or related to this Act;
(2) has given, or is about to give, any information in
connection with any inquiry or proceeding relating to any right
provided under this Act; or
(3) has testified, or is about to testify, in any inquiry
or proceeding relating to any right provided under this Act.
(c) Construction.--Nothing in this section shall be construed to
state or imply that the scope of the activities prohibited by section
105 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2615) is
less than the scope of the activities prohibited by this section.
SEC. 106. ENFORCEMENT AUTHORITY.
(a) In General.--
(1) Definition.--In this subsection--
(A) the term ``employee'' means an employee
described in subparagraph (A) or (B) of section 2(4);
and
(B) the term ``employer'' means an employer
described in subclause (I) or (II) of section
2(5)(A)(i).
(2) Investigative authority.--
(A) In general.--To ensure compliance with the
provisions of this Act, or any regulation or order
issued under this Act, the Secretary shall have,
subject to subparagraph (C), the investigative
authority provided under section 11(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 211(a)), with
respect to employers, employees, and other individuals
affected.
(B) Obligation to keep and preserve records.--An
employer shall make, keep, and preserve records
pertaining to compliance with this Act in accordance
with section 11(c) of the Fair Labor Standards Act of
1938 (29 U.S.C. 211(c)) and in accordance with
regulations prescribed by the Secretary.
(C) Required submissions generally limited to an
annual basis.--The Secretary shall not require, under
the authority of this paragraph, an employer to submit
to the Secretary any books or records more than once
during any 12-month period, unless the Secretary has
reasonable cause to believe there may exist a violation
of this Act or any regulation or order issued pursuant
to this Act, or is investigating a charge pursuant to
paragraph (4).
(D) Subpoena authority.--For the purposes of any
investigation provided for in this paragraph, the
Secretary shall have the subpoena authority provided
for under section 9 of the Fair Labor Standards Act of
1938 (29 U.S.C. 209).
(3) Civil action by employees or individuals.--
(A) Right of action.--An action to recover the
damages or equitable relief prescribed in subparagraph
(B) may be maintained against any employer in any
Federal or State court of competent jurisdiction by one
or more employees or individuals or their
representative for and on behalf of--
(i) the employees or individuals; or
(ii) the employees or individuals and
others similarly situated.
(B) Liability.--Any employer who violates section 5
(including a violation relating to rights provided
under section 3) shall be liable to any employee or
individual affected--
(i) for damages equal to--
(I) the amount of--
(aa) any wages, salary,
employment benefits, or other
compensation denied or lost by
reason of the violation; or
(bb) in a case in which
wages, salary, employment
benefits, or other compensation
have not been denied or lost,
any actual monetary losses
sustained as a direct result of
the violation up to a sum equal
to 56 hours of wages or salary
for the employee or individual,
or the specified period
described in section 3(c)(3),
or a combination of those hours
and that period, as the case
may be;
(II) the interest on the amount
described in subclause (I) calculated
at the prevailing rate; and
(III) an additional amount as
liquidated damages; and
(ii) for such equitable relief as may be
appropriate, including employment,
reinstatement, and promotion.
(C) Fees and costs.--The court in an action under
this paragraph shall, in addition to any judgment
awarded to the plaintiff, allow a reasonable attorney's
fee, reasonable expert witness fees, and other costs of
the action to be paid by the defendant.
(4) Action by the secretary.--
(A) Administrative action.--The Secretary shall
receive, investigate, and attempt to resolve complaints
of violations of section 5 (including a violation
relating to rights provided under section 3) in the
same manner that the Secretary receives, investigates,
and attempts to resolve complaints of violations of
sections 6 and 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 206 and 207).
(B) Civil action.--The Secretary may bring an
action in any court of competent jurisdiction to
recover the damages described in paragraph (3)(B)(i).
(C) Sums recovered.--Any sums recovered by the
Secretary pursuant to subparagraph (B) shall be held in
a special deposit account and shall be paid, on order
of the Secretary, directly to each employee or
individual affected. Any such sums not paid to an
employee or individual affected because of inability to
do so within a period of 3 years shall be deposited
into the Treasury of the United States as miscellaneous
receipts.
(5) Limitation.--
(A) In general.--Except as provided in subparagraph
(B), an action may be brought under paragraph (3), (4),
or (6) not later than 2 years after the date of the
last event constituting the alleged violation for which
the action is brought.
(B) Willful violation.--In the case of an action
brought for a willful violation of section 5 (including
a willful violation relating to rights provided under
section 3), such action may be brought within 3 years
of the date of the last event constituting the alleged
violation for which such action is brought.
(C) Commencement.--In determining when an action is
commenced under paragraph (3), (4), or (6) for the
purposes of this paragraph, it shall be considered to
be commenced on the date when the complaint is filed.
(6) Action for injunction by secretary.--The district
courts of the United States shall have jurisdiction, for cause
shown, in an action brought by the Secretary--
(A) to restrain violations of section 5 (including
a violation relating to rights provided under section
3), including the restraint of any withholding of
payment of wages, salary, employment benefits, or other
compensation, plus interest, found by the court to be
due to employees or individuals eligible under this
Act; or
(B) to award such other equitable relief as may be
appropriate, including employment, reinstatement, and
promotion.
(7) Solicitor of labor.--The Solicitor of Labor may appear
for and represent the Secretary on any litigation brought under
paragraph (4) or (6).
(8) Government accountability office and library of
congress.--Notwithstanding any other provision of this
subsection, in the case of the Government Accountability Office
and the Library of Congress, the authority of the Secretary of
Labor under this subsection shall be exercised respectively by
the Comptroller General of the United States and the Librarian
of Congress.
(b) Employees Covered by Congressional Accountability Act of
1995.--The powers, remedies, and procedures provided in the
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the
Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any
person, alleging a violation of subsection (a)(1) of section 202 of
that Act (2 U.S.C. 1312) shall be the powers, remedies, and procedures
this Act provides to that Board, or any person, alleging an unlawful
employment practice in violation of this Act against an employee
described in section 2(4)(C).
(c) Employees Covered by Chapter 5 of Title 3, United States
Code.--The powers, remedies, and procedures provided in chapter 5 of
title 3, United States Code, to the President, the Merit Systems
Protection Board, or any person, alleging a violation of section
412(a)(1) of that title, shall be the powers, remedies, and procedures
this Act provides to the President, that Board, or any person,
respectively, alleging an unlawful employment practice in violation of
this Act against an employee described in section 2(4)(D).
(d) Employees Covered by Chapter 63 of Title 5, United States
Code.--The powers, remedies, and procedures provided in title 5, United
States Code, to an employing agency, provided in chapter 12 of that
title to the Merit Systems Protection Board, or provided in that title
to any person, alleging a violation of chapter 63 of that title shall
be the powers, remedies, and procedures this Act provides to that
agency, that Board, or any person, respectively, alleging an unlawful
employment practice in violation of this Act against an employee
described in section 2(4)(E).
(e) Remedies for State Employees.--
(1) Waiver of sovereign immunity.--A State's receipt or use
of Federal financial assistance for any program or activity of
a State shall constitute a waiver of sovereign immunity, under
the 11th Amendment to the Constitution or otherwise, to a suit
brought by an employee of that program or activity under this
Act for equitable, legal, or other relief authorized under this
Act.
(2) Official capacity.--An official of a State may be sued
in the official capacity of the official by any employee who
has complied with the procedures under subsection (a)(3), for
injunctive relief that is authorized under this Act. In such a
suit the court may award to the prevailing party those costs
authorized by section 722 of the Revised Statutes (42 U.S.C.
1988).
(3) Applicability.--With respect to a particular program or
activity, paragraph (1) applies to conduct occurring on or
after the day, after the date of enactment of this Act, on
which a State first receives or uses Federal financial
assistance for that program or activity.
(4) Definition of program or activity.--In this subsection,
the term ``program or activity'' has the meaning given the term
in section 606 of the Civil Rights Act of 1964 (42 U.S.C.
2000d-4a).
SEC. 107. EDUCATION AND OUTREACH.
The Secretary may conduct a public awareness campaign to educate
and inform the public of the requirements for paid sick time required
by this Act.
SEC. 108. COLLECTION OF DATA ON PAID SICK TIME AND FURTHER STUDY.
(a) Compilation of Information.--The Commissioner of Labor
Statistics shall annually compile information on the following:
(1) The amount of paid sick time available to employees by
occupation and type of employment establishment.
(2) An estimate of the average sick time used by employees
according to occupation and the type of employment
establishment.
(b) GAO Study.--Not later than 5 years after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a study to evaluate the implementation of this Act. Such study shall
include an estimation of employees' access to paid sick time,
employees' awareness of their rights under this Act, and employers'
experiences complying with this Act. Such study shall take into account
access, awareness and experiences of employees by race, ethnicity,
gender, and occupation.
(c) Report.--Upon completion of the study required by subsection
(b), the Comptroller General of the United States shall prepare and
submit a report to the appropriate committees of Congress concerning
the results of the study and the information compiled pursuant to
subsection (a).
SEC. 109. EFFECT ON OTHER LAWS.
(a) Federal and State Antidiscrimination Laws.--Nothing in this Act
shall be construed to modify or affect any Federal or State law
prohibiting discrimination on the basis of race, religion, color,
national origin, sex, age, disability, sexual orientation, gender
identity, marital status, familial status, or any other protected
status.
(b) State and Local Laws.--Nothing in this Act shall be construed
to supersede (including preempting) any provision of any State or local
law that provides greater paid sick time or leave rights (including
greater amounts of paid sick time or leave, or greater coverage of
those eligible for paid sick time or leave) than the rights established
under this Act.
SEC. 110. EFFECT ON EXISTING EMPLOYMENT BENEFITS.
(a) More Protective.--Nothing in this Act shall be construed to
diminish the obligation of an employer to comply with any contract,
collective bargaining agreement, or any employment benefit program or
plan that provides greater paid sick leave or other leave rights to
employees or individuals than the rights established under this Act.
(b) Less Protective.--The rights established for employees under
this Act shall not be diminished by any contract, collective bargaining
agreement, or any employment benefit program or plan.
SEC. 111. ENCOURAGEMENT OF MORE GENEROUS LEAVE POLICIES.
Nothing in this Act shall be construed to discourage employers from
adopting or retaining leave policies more generous than policies that
comply with the requirements of this Act.
SEC. 112. REGULATIONS.
(a) In General.--
(1) Authority.--Except as provided in paragraph (2) and
subject to subsection (e), not later than 180 days after the
date of enactment of this Act, the Secretary shall prescribe
such regulations as are necessary to carry out this Act with
respect to employees described in subparagraph (A) or (B) of
section 2(4) and other individuals affected by employers
described in subclause (I) or (II) of section 2(5)(A)(i).
(2) Government accountability office; library of
congress.--Subject to subsection (e), the Comptroller General
of the United States and the Librarian of Congress shall
prescribe the regulations with respect to employees of the
Government Accountability Office and the Library of Congress,
respectively, and other individuals affected by the Comptroller
General of the United States and the Librarian of Congress,
respectively.
(b) Employees Covered by Congressional Accountability Act of
1995.--
(1) Authority.--Subject to subsection (e), not later than
90 days after the Secretary prescribes regulations under
subsection (a), the Board of Directors of the Office of
Compliance shall prescribe (in accordance with section 304 of
the Congressional Accountability Act of 1995 (2 U.S.C. 1384))
such regulations as are necessary to carry out this Act with
respect to employees described in section 2(4)(C) and other
individuals affected by employers described in section
2(5)(A)(i)(III).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this Act except
insofar as the Board may determine, for good cause shown and
stated together with the regulations prescribed under paragraph
(1), that a modification of such regulations would be more
effective for the implementation of the rights and protections
involved under this section.
(c) Employees Covered by Chapter 5 of Title 3, United States
Code.--
(1) Authority.--Subject to subsection (e), not later than
90 days after the Secretary prescribes regulations under
subsection (a), the President (or the designee of the
President) shall prescribe such regulations as are necessary to
carry out this Act with respect to employees described in
section 2(4)(D) and other individuals affected by employers
described in section 2(5)(A)(i)(IV).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this Act except
insofar as the President (or designee) may determine, for good
cause shown and stated together with the regulations prescribed
under paragraph (1), that a modification of such regulations
would be more effective for the implementation of the rights
and protections involved under this section.
(d) Employees Covered by Chapter 63 of Title 5, United States
Code.--
(1) Authority.--Subject to subsection (e), not later than
90 days after the Secretary prescribes regulations under
subsection (a), the Director of the Office of Personnel
Management shall prescribe such regulations as are necessary to
carry out this Act with respect to employees described in
section 2(4)(E) and other individuals affected by employers
described in section 2(5)(A)(i)(V).
(2) Agency regulations.--The regulations prescribed under
paragraph (1) shall be the same as substantive regulations
promulgated by the Secretary to carry out this Act except
insofar as the Director may determine, for good cause shown and
stated together with the regulations prescribed under paragraph
(1), that a modification of such regulations would be more
effective for the implementation of the rights and protections
involved under this section.
(e) Immediate Compliance.--The rights and responsibilities
specified in this Act shall take effect on the date of enactment of
this Act and employers and other persons subject to those
responsibilities shall comply immediately, without regard whether
regulations have been prescribed under this section.
SEC. 113. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary for fiscal year 2020 and each subsequent
fiscal year.
SEC. 114. EFFECTIVE DATES.
(a) In General.--This Act takes effect on the date of enactment of
this Act.
(b) Previous Declarations.--If a public health emergency was
declared before and remains in effect on the date of enactment of this
Act, for purposes of this Act (and in particular section 3(c) of this
Act) the public health emergency shall be considered to have been
declared on the date of enactment of this Act.
DIVISION G--HEALTH PROVISIONS
SEC. 101. COVERAGE OF TESTING FOR COVID-19.
(a) In General.--A group health plan and a health insurance issuer
offering group or individual health insurance coverage (including a
grandfathered health plan (as defined in section 1251(e) of the Patient
Protection and Affordable Care Act)) shall provide coverage, and shall
not impose any cost sharing (including deductibles, copayments, and
coinsurance) requirements or prior authorization or other medical
management requirements, for the following items and services furnished
during any portion of the emergency period defined in paragraph (1)(B)
of section 1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g))
beginning on or after the date of the enactment of this Act:
(1) In vitro diagnostic products (as defined in section
809.3(a) of title 21, Code of Federal Regulations) for the
detection of SARS-CoV-2 or the diagnosis of the virus that
causes COVID-19 that are approved, cleared, or authorized under
section 510(k), 513, 515 or 564 of the Federal Food, Drug, and
Cosmetic Act, and the administration of such in vitro
diagnostic products.
(2) Health care provider office visits, urgent care center
visits, and emergency room visits that result in an order for
or administration of an in vitro diagnostic product described
in paragraph (1).
(b) Enforcement.--The provisions of subsection (a) shall be applied
by the Secretary of Health and Human Services, Secretary of Labor, and
Secretary of the Treasury to group health plans and health insurance
issuers offering group or individual health insurance coverage as if
included in the provisions of part A of title XXVII of the Public
Health Service Act, part 7 of the Employee Retirement Income Security
Act of 1974, and subchapter B of chapter 100 of the Internal Revenue
Code of 1986, as applicable.
(c) Implementation.--The Secretary of Health and Human Services,
Secretary of Labor, and Secretary of the Treasury may implement the
provisions of this section through sub-regulatory guidance, program
instruction or otherwise.
(d) Terms.--The terms ``group health plan''; ``health insurance
issuer''; ``group health insurance coverage'', and ``individual health
insurance coverage'' have the meanings given such terms in section 2791
of the Public Health Service Act (42 U.S.C. 300gg-91), section 733 of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b),
and section 9832 of the Internal Revenue Code of 1986, as applicable.
SEC. 102. WAIVING COST SHARING UNDER THE MEDICARE PROGRAM FOR CERTAIN
VISITS RELATING TO TESTING FOR COVID-19.
(a) In General.--Section 1833 of the Social Security Act (42 U.S.C.
1395l) is amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' before ``(CC)''; and
(B) by inserting before the period at the end the
following: ``, and (DD) with respect to a specified
COVID-19 testing-related service described in paragraph
(1) of subsection (cc) for which payment may be made
under a specified outpatient payment provision
described in paragraph (2) of such subsection, the
amounts paid shall be 100 percent of the payment amount
otherwise recognized under such respective specified
outpatient payment provision for such service,'';
(2) in subsection (b), in the first sentence--
(A) by striking ``and'' before ``(10)''; and
(B) by inserting before the period at the end the
following: ``, and (11) such deductible shall not apply
with respect to any specified COVID-19 testing-related
service described in paragraph (1) of subsection (cc)
for which payment may be made under a specified
outpatient payment provision described in paragraph (2)
of such subsection''; and
(3) by adding at the end the following new subsection:
``(cc) Specified COVID-19 Testing-related Services.--For purposes
of subsection (a)(1)(DD):
``(1) Description.--
``(A) In general.--A specified COVID-19 testing-
related service described in this paragraph is a
medical visit that--
``(i) is in any of the categories of HCPCS
evaluation and management service codes
described in subparagraph (B);
``(ii) is furnished during any portion of
the emergency period (as defined in section
1135(g)(1)(B) (beginning on or after the date
of the date of the enactment of this
subsection); and
``(iii) results in an order for or
administration of a diagnostic test described
in section 1852(a)(1)(B)(iv)(IV).
``(B) Categories of hcpcs codes.--For purposes of
subparagraph (A), the categories of HCPCS evaluation
and management services codes are the following:
``(i) Office and other outpatient services.
``(ii) Hospital observation services.
``(iii) Emergency department services.
``(iv) Nursing facility services.
``(v) Domiciliary, rest home, or custodial
care services.
``(vi) Home services.
``(2) Specified outpatient payment provision.--A specified
outpatient payment provision described in this paragraph is any
of the following:
``(A) The hospital outpatient prospective payment
system under subsection (t).
``(B) The physician fee schedule under section
1848.
``(C) The prospective payment system developed
under section 1834(o).
``(D) Section 1834(g), with respect to an
outpatient critical access hospital service.
``(E) The payment basis determined in regulations
pursuant to section 1833(a)(3) for rural health clinic
services.''.
(b) Claims Modifier.--The Secretary of Health and Human Services
shall provide for an appropriate modifier (or other identifier) to
include on claims to identify, for purposes of subparagraph (DD) of
section 1833(a)(1), as added by subsection (a), specified COVID-19
testing-related services described in paragraph (1) of section 1833(cc)
of the Social Security Act, as added by subsection (a), for which
payment may be made under a specified outpatient payment provision
described in paragraph (2) of such subsection.
(c) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the provisions
of, including amendments made by, this section through program
instruction or otherwise.
SECTION 103. COVERAGE OF TESTING FOR COVID-19 AT NO COST SHARING UNDER
THE MEDICARE ADVANTAGE PROGRAM.
(a) In General.--Section 1852(a)(1)(B) of the Social Security Act
(42 U.S.C. 1395w-22(a)(1)(B)) is amended--
(1) in clause (iv)--
(A) by redesignating subclause (IV) as subclause
(VI); and
(B) by inserting after subclause (III) the
following new subclauses:
``(IV) Clinical diagnostic
laboratory test administered during any
portion of the emergency period defined
in paragraph (1)(B) of section 1135(g)
beginning on or after the date of the
enactment of the Families First
Coronavirus Response Act for the
detection of SARS-CoV-2 or the
diagnosis of the virus that causes
COVID-19 and the administration of such
test.
``(V) Specified COVID-19 testing-
related services (as described in
section 1833(cc)(1)) for which payment
would be payable under a specified
outpatient payment provision described
in section 1833(cc)(2).'';
(2) in clause (v), by inserting ``, other than subclauses
(IV) and (V) of such clause,'' after ``clause (iv)''; and
(3) by adding at the end the following new clause:
``(vi) Prohibition of application of
certain requirements for covid-19 testing.--In
the case of a product or service described in
subclause (IV) or (V), respectively, of clause
(iv) that is administered or furnished during
any portion of the emergency period described
in such subclause beginning on or after the
date of the enactment of this clause, an MA
plan may not impose any prior authorization or
other utilization management requirements with
respect to the coverage of such a product or
service under such plan.''.
(b) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendments
made by this section by program instruction or otherwise.
SECTION 104. COVERAGE AT NO COST SHARING OF COVID-19 TESTING UNDER
MEDICAID AND CHIP.
(a) Medicaid.--
(1) In general.--Section 1905(a)(3) of the Social Security
Act (42 U.S.C. 1396d(a)(3)) is amended--
(A) by striking ``other laboratory'' and inserting
``(a) other laboratory'';
(B) by inserting ``and'' after the semicolon; and
(C) by adding at the end the following new
subparagraph:
``(B) in vitro diagnostic products (as defined in section
809.3(a) of title 21, Code of Federal Regulations) administered
during any portion of the emergency period defined in paragraph
(1)(B) of section 1135(g) beginning on or after the date of the
enactment of this subparagraph for the detection of SARS-CoV-2
or the diagnosis of the virus that causes COVID-19 that are
approved, cleared, or authorized under section 510(k), 513, 515
or 564 of the Federal Food, Drug, and Cosmetic Act, and the
administration of such in vitro diagnostic products;''.
(2) No cost sharing.--
(A) In general.--Subsections (a)(2) and (b)(2) of
section 1916 of the Social Security Act (42 U.S.C.
1396o) are each amended--
(i) in subparagraph (D), by striking ``or''
at the end;
(ii) in subparagraph (E), by striking ``;
and'' and inserting a comma; and
(iii) by adding at the end the following
new subparagraphs:
``(F) any in vitro diagnostic product described in
section 1905(a)(3)(B) that is administered during any
portion of the emergency period described in such
section beginning on or after the date of the enactment
of this subparagraph (and the administration of such
product), or
``(G) any medical visit for which payment may be
made under the State plan, that is furnished during any
such portion of such emergency period, and that relates
to testing for COVID-19; and''.
(B) Application to alternative cost sharing.--
Section 1916A(b)(3)(B) of the Social Security Act (42
U.S.C. 1396o-1(b)(3)(B)) is amended by adding at the
end the following new clause:
``(xi) Any in vitro diagnostic product
described in section 1905(a)(3)(B) that is
administered during any portion of the
emergency period described in such section
beginning on or after the date of the enactment
of this clause (and the administration of such
product) and any visit described in section
1916(a)(2)(G) that is furnished during any such
portion.''.
(C) Clarification.--The amendments made this
paragraph shall apply with respect to a State plan of a
territory in the same manner as a State plan of one of
the 50 States.
(3) State option to provide coverage for uninsured
individuals.--
(A) In general.--Section 1902(a)(10) of the Social
Security Act (42 U.S.C. 1396a(a)(10)) is amended--
(i) in subparagraph (A)(ii)--
(I) in subclause (XXI), by striking
``or'' at the end;
(II) in subclause (XXII), by adding
``or'' at the end; and
(III) by adding at the end the
following new subclause:
``(XXIII) during any portion of the
emergency period defined in paragraph
(1)(B) of section 1135(g) beginning on
or after the date of the enactment of
this subclause, who are uninsured
individuals (as defined in subsection
(ss));''; and
(ii) in the matter following subparagraph
(G)--
(I) by striking ``and (XVII)'' and
inserting ``, (XVII)''; and
(II) by inserting after ``instead
of through subclause (VIII)'' the
following: ``, and (XVIII) the medical
assistance made available to an
uninsured individual (as defined in
subsection (ss)) who is eligible for
medical assistance only because of
subparagraph (A)(ii)(XXIII) shall be
limited to medical assistance for any
in vitro diagnostic product described
in section 1905(a)(3)(B) that is
administered during any portion of the
emergency period described in such
section beginning on or after the date
of the enactment of this subclause (and
the administration of such product) and
any visit described in section
1916(a)(2)(G) that is furnished during
any such portion''.
(B) Receipt and initial processing of applications
at certain locations.--Section 1902(a)(55) of the
Social Security Act (42 U.S.C. 1396a(a)(55)) is
amended, in the matter preceding subparagraph (A), by
striking ``or (a)(10)(A)(ii)(IX)'' and inserting
``(a)(10)(A)(ii)(IX), or (a)(10)(A)(ii)(XXIII)''.
(C) Uninsured individual defined.--Section 1902 of
the Social Security Act (42 U.S.C. 1396a) is amended by
adding at the end the following new subsection:
``(ss) Uninsured Individual Defined.--For purposes of this section,
the term `uninsured individual' means, notwithstanding any other
provision of this title, any individual who is--
``(1) not described in subsection (a)(10)(A)(i); and
``(2) not enrolled in a Federal health care program (as
defined in section 1128B(f)), a group health plan, group or
individual health insurance coverage offered by a health
insurance issuer (as such terms are defined in section 2791 of
the Public Health Service Act), or a health plan offered under
chapter 89 of title 5, United States Code.''.
(D) Federal medical assistance percentage.--Section
1905(b) of the Social Security Act (42 U.S.C. 1396d(b))
is amended by adding at the end the following new
sentence: ``Notwithstanding the first sentence of this
section, the Federal medical assistance percentage
shall be 100 per centum with respect to (and,
notwithstanding any other provision of this title,
available for) medical assistance provided to uninsured
individuals (as defined in section 1902(ss)) who are
eligible for such assistance only on the basis of
section 1902(a)(10)(A)(ii)(XXIII) and with respect to
expenditures described in section 1903(a)(7) that a
State demonstrates to the satisfaction of the Secretary
are attributable to administrative costs related to
providing for such medical assistance to such
individuals under the State plan.''.
(b) CHIP.--
(1) In general.--Section 2103(c) of the Social Security Act
(42 U.S.C. 1397cc(c)) is amended by adding at the end the
following paragraph:
``(9) Certain in vitro diagnostic products for covid-19
testing.--The child health assistance provided to a targeted
low-income child shall include coverage of any in vitro
diagnostic product described in section 1905(a)(3)(B) that is
administered during any portion of the emergency period
described in such section beginning on or after the date of the
enactment of this subparagraph (and the administration of such
product).''.
(2) Coverage for targeted low-income pregnant women.--
Section 2112(b)(4) of the Social Security Act (42 U.S.C.
1397ll(b)(4)) is amended by inserting ``under section 2103(c)''
after ``same requirements''.
(3) Prohibition of cost sharing.--Section 2103(e)(2) of the
Social Security Act (42 U.S.C. 1397cc(e)(2)) is amended--
(A) in the paragraph header, by inserting ``,
covid-19 testing,'' before ``or pregnancy-related
assistance''; and
(B) by striking ``category of services described in
subsection (c)(1)(D) or'' and inserting ``categories of
services described in subsection (c)(1)(D), in vitro
diagnostic products described in subsection (c)(9) (and
administration of such products), visits described in
section 1916(a)(2)(G), or''.
SEC. 105. LABORATORY REIMBURSEMENT FOR DIAGNOSTIC TESTING FOR COVID-19
IN UNINSURED INDIVIDUALS.
(a) Reimbursement.--Through the National Disaster Medical System
under section 2812 of the Public Health Service Act (42 U.S.C. 300hh-
11), and in coordination with the Administrator of the Centers for
Medicare & Medicaid Services, the Secretary of Health and Human
Services shall, subject to the availability of appropriations under
subsection (c), pay the claims of laboratories for reimbursement, as
described in subsection (a)(3)(D) of such section 2812, for health
services consisting of diagnostic testing to detect or diagnose COVID-
19 in uninsured individuals. The amount that will be paid shall be
equal to the amount that would have been paid to a physician or
laboratory under Clinical Laboratory Fee Schedule under section
1833(h)(8) of the Social Security Act.
(b) Definition.--In this section, the term ``uninsured individual''
means an individual who is not enrolled in--
(1) a Federal health care program (as defined under section
1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f)); or
(2) a group health plan or health insurance coverage
offered by a health insurance issuer in the group or individual
market (as such terms are defined in section 2791 of the Public
Health Service Act (42 U.S.C. 300gg-91)) or a health plan
offered under chapter 89 of title 5, United States Code.
(c) Funding.--To carry out this section, there is authorized to be
appropriated, and there is hereby appropriated, out of amounts in the
Treasury not otherwise obligated, $1,000,000,000, to remain available
until expended.
SEC. 106. TREATMENT OF PERSONAL RESPIRATORY PROTECTIVE DEVICES AS
COVERED COUNTERMEASURES.
Section 319F-3(i)(1) of the Public Health Service Act (42 U.S.C.
247d-6d(i)(1)) is amended--
(1) in subparagraph (B), by striking ``or'' at the end; and
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) a personal respiratory protective device that
is--
``(i) approved by the National Institute
for Occupational Safety and Health under part
84 of title 42, Code of Federal Regulations (or
successor regulations);
``(ii) subject to the emergency use
authorization issued by the Secretary on March
2, 2020, or subsequent emergency use
authorizations, pursuant to section 564 of the
Federal Food, Drug, and Cosmetic Act
(authorizing emergency use of personal
respiratory protective devices during the
COVID-19 outbreak); and
``(iii) used during the period beginning on
January 31, 2020, and ending on October 1,
2024, in response to the public health
emergency declared on January 31, 2020,
pursuant to section 319 as a result of
confirmed cases of 2019 Novel Coronavirus
(2019-nCoV).''.
SEC. 107. APPLICATION WITH RESPECT TO TRICARE, COVERAGE FOR VETERANS,
AND COVERAGE FOR FEDERAL CIVILIANS.
(a) Tricare.--The Secretary of Defense may not require any
copayment or other cost sharing under chapter 55 of title 10, United
States Code, for in vitro diagnostic products described in paragraph
(1) of section 101(a) (or the administration of such products) or
visits described in paragraph (2) of such section furnished during any
portion of the emergency period defined in paragraph (1)(B) of section
1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g)) beginning on
or after the date of the enactment of this Act.
(b) Veterans.--The Secretary of Veterans Affairs may not require
any copayment or other cost sharing under chapter 17 of title 38,
United States Code, for in vitro diagnostic products described in
paragraph (1) of section 101(a) (or the adminsitration of such
products) or visits described in paragraph (2) of such section
furnished during any portion of the emergency period defined in
paragraph (1)(B) of section 1135(g) of the Social Security Act (42
U.S.C. 1320b-5(g)) beginning on or after the date of the enactment of
this Act.
(c) Federal Civilians.--No copayment or other cost sharing may be
required for any individual occupying a position in the civil service
(as that term is defined in section 2101(1) of title 5, United States
Code) enrolled in a health benefits plan, including any plan under
chapter 89 of title 5, United States Code, or for any other individual
currently enrolled in any plan under chapter 89 of title 5 for
diagnostic tests'' after ``including any plan under chapter 89 of title
5, United States Code), for in vitro diagnostic products described in
paragraph (1) of section 101(a) (or the administration of such
products) or visits described in paragraph (2) of such section
furnished during any portion of the emergency period defined in
paragraph (1)(B) of section 1135(g) of the Social Security Act (42
U.S.C. 1320b-5(g)) beginning on or after the date of the enactment of
this Act.
SEC. 108. COVERAGE OF TESTING FOR COVID-19 AT NO COST SHARING FOR
INDIANS RECEIVING CONTRACT HEALTH SERVICES.
The Secretary of Health and Human Services shall cover, without the
imposition of any cost sharing requirements, the cost of providing any
COVID-19 related items and services as described in paragraph (1) of
section 101(a) (or the administration of such products) or visits
described in paragraph (2) of such section furnished during any portion
of the emergency period defined in paragraph (1)(B) of section 1135(g)
of the Social Security Act (42 U.S.C. 320b-5(g)) beginning on or after
the date of the enactment of this Act to Indians (as defined in section
4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) receiving
health services through the Indian Health Service, regardless of
whether such items or services have been authorized under the contract
health services system funded by the Indian Health Service or is
covered as a health service of the Indian Health Service.
SEC. 109. TEMPORARY INCREASE OF MEDICAID FMAP.
(a) In General.--Subject to subsection (b), for each calendar
quarter occurring during the period beginning on the first day of the
emergency period defined in paragraph (1)(B) of section 1135(g) of the
Social Security Act (42 U.S.C. 1320b-5(g)) and ending on the last day
of the calendar quarter in which the last day of such emergency period
occurs, the Federal medical assistance percentage determined for each
State, including the District of Columbia, American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, Puerto Rico, and the
United States Virgin Islands, under section 1905(b) of the Social
Security Act (42 U.S.C. 1396d(b)) shall be increased by 8 percentage
points.
(b) Requirement for All States.--A State described in subsection
(a) may not receive the increase described in such subsection in the
Federal medical assistance percentage for such State, with respect to a
quarter, if--
(1) eligibility standards, methodologies, or procedures
under the State plan of such State under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) (including any
waiver under such title or section 1115 of such Act (42 U.S.C.
1315)) are more restrictive during such quarter than the
eligibility standards methodologies, or procedures,
respectively, under such plan (or waiver) as in effect on
January 1, 2020;
(2) the amount of any premium imposed by the State pursuant
to section 1916 or 1916A of such Act (42 U.S.C. 1396o, 1396o-1)
during such quarter, with respect to an individual enrolled
under such plan (or waiver), exceeds the amount of such premium
as of January 1, 2020;
(3) the State terminates or denies the enrollment of any
individual under such plan (or waiver) during such quarter for
a reason other than a failure to satisfy financial,
categorical, and State residency requirements (as applicable)
under such plan (or waiver);
(4) the State does not provide coverage under such plan (or
waiver), without the imposition of cost sharing, during such
quarter for any testing services and treatments for COVID-19,
including vaccines, specialized equipment, and therapies; or
(5) the State conducts during such quarter periodic income
checks, including automated income checks, or eligibility
redeterminations under such plan (or waiver) at a rate more
frequent than once every 12 months.
(c) Requirement for Certain States.--Section 1905(cc) of the Social
Security Act (42 U.S.C. 1396d(cc)) is amended by striking ``American
Recovery and Reinvestment Act of 2009.'' and inserting ``and section
109 of the Families First Coronavirus Response Act, except that in
applying such treatments to the increases in the Federal medical
assistance percentage under section 109 of the Families First
Coronavirus Response Act, the reference to `December 31, 2009' shall be
deemed to be a reference to `March 11, 2020'.''.
SEC. 110. INCREASE IN MEDICAID ALLOTMENTS FOR TERRITORIES.
Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is
amended--
(1) in paragraph (2)--
(A) in subparagraph (B)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking ``for each
of fiscal years 2020 through 2021,
$126,000,000;'' and inserting ``for fiscal year
2020, $129,500,000; and''; and
(iii) by adding at the end the following
new clause:
``(iii) for fiscal year 2021,
$128,500,000;'';
(B) in subparagraph (C)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking ``for each
of fiscal years 2020 through 2021,
$127,000,000;'' and inserting ``for fiscal year
2020, $132,000,000; and''; and
(iii) by adding at the end the following
new clause:
``(iii) for fiscal year 2021,
$130,500,000;'';
(C) in subparagraph (D)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking ``for each
of fiscal years 2020 through 2021, $60,000,000;
and'' and inserting ``for fiscal year 2020,
$64,000,000; and''; and
(iii) by adding at the end the following
new clause:
``(iii) for fiscal year 2021, $63,000,000;
and''; and
(D) in subparagraph (E)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking ``for each
of fiscal years 2020 through 2021,
$84,000,000.'' and inserting ``for fiscal year
2020, $87,000,000; and''; and
(iii) by adding at the end the following
new clause:
``(iii) for fiscal year 2021,
$86,000,000.''; and
(2) in paragraph (6)(A)--
(A) in clause (i), by striking ``$2,623,188,000''
and inserting ``$2,743,188,000''; and
(B) in clause (ii), by striking ``$2,719,072,000''
and inserting ``$2,804,072,000''.
DIVISION H--BUDGETARY EFFECTS
SEC. 101. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of division
B and each succeeding division shall not be entered on either PAYGO
scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-
You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of division B
and each succeeding division shall not be entered on any PAYGO
scorecard maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of division B and
each succeeding division shall not be estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
<all>