[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>