[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6201 Received in Senate (RDS)]
<DOC>
116th CONGRESS
2d Session
H. R. 6201
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 17, 2020
Received
_______________________________________________________________________
AN ACT
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2020, and for other purposes.
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--EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT
DIVISION D--EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION AND ACCESS
ACT OF 2020
DIVISION E--EMERGENCY PAID SICK LEAVE ACT
DIVISION F--HEALTH PROVISIONS
DIVISION G--TAX CREDITS FOR PAID SICK AND PAID FAMILY AND MEDICAL LEAVE
DIVISION H--BUDGETARY EFFECTS
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. 1101. (a) Public Health Emergency.--During fiscal year 2020,
in any case in which a school is closed for at least 5 consecutive days
during a public health emergency designation during which the school
would otherwise be in session, each household containing at least 1
member who is an eligible child attending the school shall be eligible
to receive assistance pursuant to a state agency plan approved under
subsection (b).
(b) Assistance.--To carry out this section, the Secretary of
Agriculture may approve State agency plans for temporary emergency
standards of eligibility and levels of benefits under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) for households with
eligible children. Plans approved by the Secretary shall provide for
supplemental allotments to households receiving benefits under such
Act, and issuances to households not already receiving benefits. Such
level of benefits shall be determined by the Secretary in an amount not
less than the value of meals at the free rate over the course of 5
school days for each eligible child in the household.
(c) Minimum Closure Requirement.--The Secretary of Agriculture
shall not provide assistance under this section in the case of a school
that is closed for less than 5 consecutive days.
(d) Use of Ebt System.--A State agency may provide assistance under
this section through the EBT card system established under section 7 of
the Food and Nutrition Act of 2008 (7 U.S.C. 2016).
(e) Release of Information.--Notwithstanding any other provision of
law, the Secretary of Agriculture may authorize State educational
agencies and school food authorities administering a school lunch
program under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) to release to appropriate officials administering
the supplemental nutrition assistance program such information as may
be necessary to carry out this section.
(f) Waivers.--To facilitate implementation of this section, the
Secretary of Agriculture may approve waivers of the limits on
certification periods otherwise applicable under section 3(f) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2012(f)), reporting
requirements otherwise applicable under section 6(c) of such Act (7
U.S.C. 2015(c)), and other administrative requirements otherwise
applicable to State agencies under such Act.
(g) Availability of Commodities.--During fiscal year 2020, the
Secretary of Agriculture may purchase commodities for emergency
distribution in any area of the United States during a public health
emergency designation.
(h) Definitions.--In this section:
(1) The term ``eligible child'' means a child (as defined
in section 12(d) or served under section 11(a)(1) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1760(d), 1759(a)(1)) who, if not for the closure of the school
attended by the child during a public health emergency
designation and due to concerns about a COVID-19 outbreak,
would receive free or reduced price school meals under the
Richard B. Russell National School Lunch Act (42 U.S.C. 175l et
seq.) at the school.
(2) The term ``public health emergency designation'' means
the declaration of a public health emergency, based on an
outbreak of SARS-CoV-2 or another coronavirus with pandemic
potential, by the Secretary of Health and Human Services under
section 319 of the Public Health Service Act (42 U.S.C. 247d).
(3) The term ``school'' has the meaning given the term in
section 12(d) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760(d)).
(i) Funding.--There are hereby appropriated to the Secretary of
Agriculture such amounts as are necessary to carry out this section:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 1102. In addition to amounts otherwise made available,
$100,000,000, to remain available through September 30, 2021, shall be
available for the Secretary of Agriculture to provide grants to the
Commonwealth of the Northern Mariana Islands, Puerto Rico, and American
Samoa for nutrition assistance in response to a COVID-19 public health
emergency: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE II
DEPARTMENT OF DEFENSE
defense health program
For an additional amount for ``Defense Health Program'',
$82,000,000, to remain available until September 30, 2022, for health
services consisting of SARS-CoV-2 or COVID-19 related items and
services as described in section 6006(a) of division F of the Families
First Coronavirus Response Act (or the administration of such
products): Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE III
DEPARTMENT OF THE TREASURY
Internal Revenue Service
taxpayer services
For an additional amount for ``Taxpayer Services'', $15,000,000, to
remain available until September 30, 2022, for the purposes of carrying
out the Families First Coronavirus Response Act: Provided, That
amounts provided under this heading in this Act may be transferred to
and merged with ``Operations Support'': Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
TITLE IV
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For an additional amount for ``Indian Health Services'',
$64,000,000, to remain available until September 30, 2022, for health
services consisting of SARS-CoV-2 or COVID-19 related items and
services as described in section 6007 of division F of the Families
First Coronavirus Response Act (or the administration of such
products): Provided, That such amounts shall be allocated at the
discretion of the Director of the Indian Health Service: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE V
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Community Living
aging and disability services programs
For an additional amount for ``Aging and Disability Services
Programs'', $250,000,000, to remain available until September 30, 2021,
for activities authorized under subparts 1 and 2 of part C, of title
III, and under title VI, of the Older Americans Act of 1965 (``OAA''),
of which $160,000,000 shall be for Home-Delivered Nutrition Services,
$80,000,000 shall be for Congregate Nutrition Services, and $10,000,000
shall be for Nutrition Services for Native Americans: Provided, That
State matching requirements under sections 304(d)(1)(D) and 309(b)(2)
of the OAA shall not apply to funds made available under this heading
in this Act: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Office of the Secretary
public health and social services emergency fund
For an additional amount for ``Public Health and Social Services
Emergency Fund'', $1,000,000,000, to remain available until expended,
for activities authorized under section 2812 of the Public Health
Service Act (42 U.S.C. 300hh-11), in coordination with the Assistant
Secretary for Preparedness and Response and the Administrator of the
Centers for Medicare & Medicaid Services, to pay the claims of
providers for reimbursement, as described in subsection (a)(3)(D) of
such section 2812, for health services consisting of SARS-CoV-2 or
COVID-19 related items and services as described in paragraph (1) of
section 6001(a) of division F of the Families First Coronavirus
Response Act (or the administration of such products) or visits
described in paragraph (2) of such section for uninsured individuals:
Provided, That the term ``uninsured individual'' in this paragraph
means an individual who is not enrolled in--
(1) a Federal health care program (as defined under section
1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f)),
including an individual who is eligible for medical assistance
only because of subsection (a)(10)(A)(ii)(XXIII) of Section
1902 of the Social Security Act; or
(2) a group health plan or health insurance coverage
offered by a health insurance issuer in the group or individual
market (as such terms are defined in section 2791 of the Public
Health Service Act (42 U.S.C. 300gg-91)), or a health plan
offered under chapter 89 of title 5, United States Code:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE VI
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical services
For an additional amount for ``Medical Services'', $30,000,000, to
remain available until September 30, 2022, for health services
consisting of SARS-CoV-2 or COVID-19 related items and services as
described in section 6006(b) of division F of the Families First
Coronavirus Response Act (or the administration of such products):
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
medical community care
For an additional amount for ``Medical Community Care'',
$30,000,000, to remain available until September 30, 2022, for health
services consisting of SARS-CoV-2 or COVID-19 related items and
services as described in section 6006(b) of division F of the Families
First Coronavirus Response Act (or the administration of such
products): Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE VII
GENERAL PROVISIONS--THIS ACT
Sec. 1701. Not later than 30 days after the date of enactment of
this Act, the head of each executive agency that receives funding in
this Act shall provide a report detailing the anticipated uses of all
such funding to the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That each report shall
include estimated personnel and administrative costs, as well as the
total amount of funding apportioned, allotted, obligated, and expended,
to date: Provided further, That each such plan shall be updated and
submitted to such Committees every 60 days until all funds are expended
or expire.
Sec. 1702. States and local governments receiving funds or
assistance pursuant to this division shall ensure the respective State
Emergency Operations Center receives regular and real-time reporting on
aggregated data on testing and results from State and local public
health departments, as determined by the Director of the Centers for
Disease Control and Prevention, and that such data is transmitted to
the Centers for Disease Control and Prevention.
Sec. 1703. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 1704. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 1705. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable to
such appropriations accounts for fiscal year 2020.
Sec. 1706. Each amount designated in this Act by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and 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. 1707. Any amount appropriated by this Act, designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985 and subsequently so designated by the President, and
transferred pursuant to transfer authorities provided by this Act shall
retain such designation.
This division may be cited as the ``Second Coronavirus Preparedness
and Response Supplemental Appropriations Act, 2020''.
DIVISION B--NUTRITION WAIVERS
TITLE I--MAINTAINING ESSENTIAL ACCESS TO LUNCH FOR STUDENTS ACT
SEC. 2101. SHORT TITLE.
This title may be cited as the ``Maintaining Essential Access to
Lunch for Students Act'' or the ``MEALS Act''.
SEC. 2102. WAIVER EXCEPTION FOR SCHOOL CLOSURES DUE TO COVID-19.
(a) In General.--The requirements under section 12(l)(1)(A)(iii) of
the Richard B. Russell National School Lunch Act (42 U.S.C.
1760(l)(1)(A)(iii)) shall not apply to a qualified COVID-19 waiver.
(b) Allowable Increase in Federal Costs.--Notwithstanding paragraph
(4) of section 12(l) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760(l)), the Secretary of Agriculture may grant a
qualified COVID-19 waiver that increases Federal costs.
(c) Termination After Periodic Review.--The requirements under
section 12(l)(5) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1760(l)(5)) shall not apply to a qualified COVID-19 waiver.
(d) Qualified COVID-19 Waiver.--In this section, the term
``qualified COVID-19 waiver'' means a waiver--
(1) requested by a State (as defined in section 12(d)(8) of
the Richard B. Russell National School Lunch Act (42 U.S.C.
1760(d)(8))) or eligible service provider under section 12(l)
of the Richard B. Russell National School Lunch Act (42 U.S.C.
1760(l)); and
(2) to waive any requirement under such Act (42 U.S.C. 1751
et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.), or any regulation issued under either such Act, for
purposes of providing meals and meal supplements under such
Acts during a school closure due to COVID-19.
TITLE II--COVID--19 CHILD NUTRITION RESPONSE ACT
SEC. 2201. SHORT TITLE.
This title may be cited as the ``COVID-19 Child Nutrition Response
Act''.
SEC. 2202. NATIONAL SCHOOL LUNCH PROGRAM REQUIREMENT WAIVERS ADDRESSING
COVID-19.
(a) Nationwide Waiver.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary may establish a waiver for all States under
section 12(l) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760(l)), for purposes of--
(A) providing meals and meal supplements under a
qualified program; and
(B) carrying out subparagraph (A) with appropriate
safety measures with respect to COVID-19, as determined
by the Secretary.
(2) State election.--A waiver established under paragraph
(1) shall--
(A) notwithstanding paragraph (2) of section 12(l)
of the Richard B. Russell National School Lunch Act (42
U.S.C. 1760(l)), apply automatically to any State that
elects to be subject to the waiver without further
application; and
(B) not be subject to the requirements under
paragraph (3) of such section.
(b) Child and Adult Care Food Program Waiver.--Notwithstanding any
other provision of law, the Secretary may grant a waiver under section
12(l) of the Richard B. Russell National School Lunch Act (42 U.S.C.
1760(l)) to allow non-congregate feeding under a child and adult care
food program under section 17 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766) if such waiver is for the purposes of--
(1) providing meals and meal supplements under such child
and adult care food program; and
(2) carrying out paragraph (1) with appropriate safety
measures with respect to COVID-19, as determined by the
Secretary.
(c) Meal Pattern Waiver.--Notwithstanding paragraph (4)(A) of
section 12(l) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1760(l)) the Secretary may grant a waiver under such section
that relates to the nutritional content of meals served if the
Secretary determines that--
(1) such waiver is necessary to provide meals and meal
supplements under a qualified program; and
(2) there is a supply chain disruption with respect to
foods served under such a qualified program and such disruption
is due to COVID-19.
(d) Reports.--Each State that receives a waiver under subsection
(a), (b), or (c), shall, not later than 1 year after the date such
State received such waiver, submit a report to the Secretary that
includes the following:
(1) A summary of the use of such waiver by the State and
eligible service providers.
(2) A description of whether such waiver resulted in
improved services to children.
(e) Sunset.--The authority of the Secretary to establish or grant a
waiver under this section shall expire on September 30, 2020.
(f) Definitions.--In this section:
(1) Qualified program.--The term ``qualified program''
means the following:
(A) The school lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et
seq.).
(B) The school breakfast program under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773).
(C) The child and adult care food program under
section 17 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766).
(D) The summer food service program for children
under section 13 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1761).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) State.--The term ``State'' has the meaning given such
term in section 12(d)(8) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1760(d)(8)).
SEC. 2203. PHYSICAL PRESENCE WAIVER UNDER WIC DURING CERTAIN PUBLIC
HEALTH EMERGENCIES.
(a) Waiver Authority.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary may grant a request described in paragraph
(2) to--
(A) waive the requirement under section
17(d)(3)(C)(i) of the Child Nutrition Act of 1966 (42
U.S.C. 1786(d)(3)(C)(i)); and
(B) defer anthropometric and bloodwork requirements
necessary to determine nutritional risk.
(2) Request.--A request described in this paragraph is a
request made to the Secretary by a State agency to waive, on
behalf of the local agencies served by such State agency, the
requirements described in paragraph (1) during any portion of
the emergency period (as defined in paragraph (1)(B) of section
1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g))
(beginning on or after the date of the enactment of this
section).
(b) Reports.--
(1) Local agency reports.--Each local agency that uses a
waiver pursuant to subsection (a) shall, not later than 1 year
after the date such local agency uses such waiver, submit a
report to the State agency serving such local agency that
includes the following:
(A) A summary of the use of such waiver by the
local agency.
(B) A description of whether such waiver resulted
in improved services to women, infants, and children.
(2) State agency reports.--Each State agency that receives
a waiver under subsection (a) shall, not later than 18 months
after the date such State agency received such waiver, submit a
report to the Secretary that includes the following:
(A) A summary of the reports received by the State
agency under paragraph (1).
(B) A description of whether such waiver resulted
in improved services to women, infants, and children.
(c) Sunset.--The authority under this section shall expire on
September 30, 2020.
(d) Definitions.--In this section:
(1) Local agency.--The term ``local agency'' has the
meaning given the term in section 17(b) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(b)).
(2) Nutritional risk.--The term ``nutritional risk'' has
the meaning given the term in section 17(b) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(b)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) State agency.-- The term ``State agency'' has the
meaning given the term in section 17(b) of the Child Nutrition
Act of 1966 (42 U.S.C. 1786(b)).
SEC. 2204. ADMINISTRATIVE REQUIREMENTS WAIVER UNDER WIC.
(a) Waiver Authority.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Agriculture may, if requested by a State
agency (as defined in section 17(b) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(b)), modify or waive any qualified
administrative requirement with respect to such State agency.
(2) Qualified administrative requirement.--In this section,
the term ``qualified administrative requirement'' means a
regulatory requirement issued under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786) that the Secretary of
Agriculture determines--
(A) cannot be met by a State agency due to COVID-
19; and
(B) the modification or waiver of which is
necessary to provide assistance under such section.
(b) State Agency Reports.--Each State agency that receives a waiver
under subsection (a)(1) shall, not later than 1 year after the date
such State agency received such waiver, submit a report to the
Secretary of Agriculture that includes the following:
(1) A summary of the use of such waiver by the State
agency.
(2) A description of whether such waiver resulted in
improved services to women, infants, and children.
(c) Sunset.--The authority under this section shall expire on
September 30, 2020.
TITLE III--SNAP WAIVERS
SEC. 2301. SNAP FLEXIBILITY FOR LOW-INCOME JOBLESS WORKERS.
(a) Beginning with the first month that begins after the enactment
of this Act and for each subsequent month through the end of the month
subsequent to the month a public health emergency declaration by the
Secretary of Health and Human Services under section 319 of the Public
Health Service Act based on an outbreak of coronavirus disease 2019
(COVID-19) is lifted, eligibility for supplemental nutrition assistance
program benefits shall not be limited under section 6(o)(2) of the Food
and Nutrition Act of 2008 unless an individual does not comply with the
requirements of a program offered by the State agency (as defined in
section 3 of the Food and Nutrition Act of 2008) that meets the
standards of subparagraphs (B) or (C) of such section 6(o)(2).
(b) Beginning on the month subsequent to the month the public
health emergency declaration by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act based on an
outbreak of COVID-19 is lifted for purposes of section 6(o) of the Food
and Nutrition Act of 2008, such State agency shall disregard any period
during which an individual received benefits under the supplemental
nutrition assistance program prior to such month.
SEC. 2302. ADDITIONAL SNAP FLEXIBILITIES IN A PUBLIC HEALTH EMERGENCY.
(a) In the event of a public health emergency declaration by the
Secretary of Health and Human Services under section 319 of the Public
Health Service Act based on an outbreak of coronavirus disease 2019
(COVID-19) and the issuance of an emergency or disaster declaration by
a State based on an outbreak of COVID-19, the Secretary of
Agriculture--
(1) shall provide, at the request of a State agency (as
defined in section 3 of the Food and Nutrition Act of 2008)
that provides sufficient data (as determined by the Secretary
through guidance) supporting such request, for emergency
allotments to households participating in the supplemental
nutrition assistance program under the Food and Nutrition Act
of 2008 to address temporary food needs not greater than the
applicable maximum monthly allotment for the household size;
and
(2) may adjust, at the request of State agencies or by
guidance in consultation with one or more State agencies,
issuance methods and application and reporting requirements
under the Food and Nutrition Act of 2008 to be consistent with
what is practicable under actual conditions in affected areas.
(In making this adjustment, the Secretary shall consider the
availability of offices and personnel in State agencies, any
conditions that make reliance on electronic benefit transfer
systems described in section 7(h) of the Food and Nutrition Act
of 2008 impracticable, any disruptions of transportation and
communication facilities, and any health considerations that
warrant alternative approaches.)
(b) Not later than 10 days after the date of the receipt or
issuance of each document listed in paragraphs (1), (2), or (3) of this
subsection, the Secretary of Agriculture shall make publicly available
on the website of the Department the following documents:
(1) Any request submitted by State agencies under
subsection (a).
(2) The Secretary's approval or denial of each such
request.
(3) Any guidance issued under subsection (a)(2).
(c) The Secretary of Agriculture shall, within 18 months after the
public health emergency declaration described in subsection (a) is
lifted, submit a report to the House and Senate Agriculture Committees
with a description of the measures taken to address the food security
needs of affected populations during the emergency, any information or
data supporting State agency requests, any additional measures that
States requested that were not approved, and recommendations for
changes to the Secretary's authority under the Food and Nutrition Act
of 2008 to assist the Secretary and States and localities in
preparations for any future health emergencies.
DIVISION C--EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT
SEC. 3101. SHORT TITLE.
This Act may be cited as ``Emergency Family and Medical Leave
Expansion Act''.
SEC. 3102. AMENDMENTS TO THE FAMILY AND MEDICAL LEAVE ACT OF 1993.
(a) Public Health Emergency Leave.--
(1) In general.--Section 102(a)(1) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended by
adding at the end the following:
``(F) During the period beginning on the date the
Emergency Family and Medical Leave Expansion Act takes
effect, and ending on December 31, 2020, because of a
qualifying need related to a public health emergency in
accordance with section 110.''.
(2) Paid leave requirement.--Section 102(c) of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2612(c)) is amended by
striking ``under subsection (a)'' and inserting ``under
subsection (a) (other than certain periods of leave under
subsection (a)(1)(F))''.
(b) Requirements.--Title I of the Family and Medical Leave Act of
1993 (29 U.S.C. 2611 et seq.) is amended by adding at the end the
following:
``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 sections 101(2)(A) and 101(2)(B)(ii), the term
`eligible employee' means an employee who has been
employed for at least 30 calendar days by the employer
with respect to whom leave is requested under section
102(a)(1)(F).
``(B) Employer threshold.--Section 101(4)(A)(i)
shall be applied by substituting `fewer than 500
employees' for `50 or more employees for each working
day during each of 20 or more calendar workweeks in the
current or preceding calendar year'.
``(2) Additional definitions.--In addition to the
definitions described in paragraph (1), the following
definitions shall apply with respect to leave under section
102(a)(1)(F):
``(A) Qualifying need related to a public health
emergency.--The term `qualifying need related to a
public health emergency', with respect to leave, means
the employee is unable to work (or telework) due to a
need for leave to care for the son or daughter under 18
years of age of such employee if the school or place of
care has been closed, or the child care provider of
such son or daughter is unavailable, due to a public
health emergency.
``(B) Public health emergency.--The term `public
health emergency' means an emergency with respect to
COVID-19 declared by a Federal, State, or local
authority.
``(C) Child care provider.--The term `child care
provider' means a provider who receives compensation
for providing child care services on a regular basis,
including an `eligible child care provider' (as defined
in section 658P of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858n)).
``(D) School.--The term `school' means an
`elementary school' or `secondary school' as such terms
are defined in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
``(3) Regulatory authorities.--The Secretary of Labor shall
have the authority to issue regulations for good cause under
sections 553(b)(B) and 553(d)(A) of title 5, United States
Code--
``(A) to exclude certain health care providers and
emergency responders from the definition of eligible
employee under section 110(a)(1)(A); and
``(B) to exempt small businesses with fewer than 50
employees from the requirements of section 102(a)(1)(F)
when the imposition of such requirements would
jeopardize the viability of the business as a going
concern.
``(b) Relationship to Paid Leave.--
``(1) Unpaid leave for initial 10 days.--
``(A) In general.--The first 10 days for which an
employee takes leave under section 102(a)(1)(F) may
consist of unpaid leave.
``(B) Employee election.--An employee may elect to
substitute any accrued vacation leave, personal leave,
or medical or sick leave for unpaid leave under section
102(a)(1)(F) in accordance with section 102(d)(2)(B).
``(2) Paid leave for subsequent days.--
``(A) In general.--An employer shall provide paid
leave for each day of leave under section 102(a)(1)(F)
that an employee takes after taking leave under such
section for 10 days.
``(B) Calculation.--
``(i) In general.--Subject to clause (ii),
paid leave under subparagraph (A) for an
employee shall be calculated based on--
``(I) an amount that is not less
than two-thirds of an employee's
regular rate of pay (as determined
under section 7(e) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
207(e)); and
``(II) the number of hours the
employee would otherwise be normally
scheduled to work (or the number of
hours calculated under subparagraph
(C)).
``(ii) Clarification.--In no event shall
such paid leave exceed $200 per day and $10,000
in the aggregate.
``(C) Varying schedule hours calculation.--In the
case of an employee whose schedule varies from week to
week to such an extent that an employer is unable to
determine with certainty the number of hours the
employee would have worked if such employee had not
taken leave under section 102(a)(1)(F), the employer
shall use the following in place of such number:
``(i) Subject to clause (ii), a number
equal to the average number of hours that the
employee was scheduled per day over the 6-month
period ending on the date on which the employee
takes such leave, including hours for which the
employee took leave of any type.
``(ii) If the employee did not work over
such period, the reasonable expectation of the
employee at the time of hiring of the average
number of hours per day that the employee would
normally be scheduled to work.
``(c) Notice.--In any case where the necessity for leave under
section 102(a)(1)(F) for the purpose described in subsection
(a)(2)(A)(iii) is foreseeable, an employee shall provide the employer
with such notice of leave as is practicable.
``(d) Restoration to Position.--
``(1) In general.--Section 104(a)(1) shall not apply with
respect to an employee of an employer who employs fewer than 25
employees if the conditions described in paragraph (2) are met.
``(2) Conditions.--The conditions described in this
paragraph are the following:
``(A) The employee takes leave under section
102(a)(1)(F).
``(B) The position held by the employee when the
leave commenced does not exist due to economic
conditions or other changes in operating conditions of
the employer--
``(i) that affect employment; and
``(ii) are caused by a public health
emergency during the period of leave.
``(C) The employer makes reasonable efforts to
restore the employee to a position equivalent to the
position the employee held when the leave commenced,
with equivalent employment benefits, pay, and other
terms and conditions of employment.
``(D) If the reasonable efforts of the employer
under subparagraph (C) fail, the employer makes
reasonable efforts during the period described in
paragraph (3) to contact the employee if an equivalent
position described in subparagraph (C) becomes
available.
``(3) Contact period.--The period described under this
paragraph is the 1-year period beginning on the earlier of--
``(A) the date on which the qualifying need related
to a public health emergency concludes; or
``(B) the date that is 12 weeks after the date on
which the employee's leave under section 102(a)(1)(F)
commences.''.
SEC. 3103. EMPLOYMENT UNDER MULTI-EMPLOYER BARGAINING AGREEMENTS.
(a) Employers.--An employer signatory to a multiemployer collective
bargaining agreement may, consistent with its bargaining obligations
and its collective bargaining agreement, fulfill its obligations under
section 110(b)(2) of title I of the Family and Medical Leave Act of
1993, as added by the Families First Coronavirus Response Act, by
making contributions to a multiemployer fund, plan, or program based on
the paid leave each of its employees is entitled to under such section
while working under the multiemployer collective bargaining agreement,
provided that the fund, plan, or program enables employees to secure
pay from such fund, plan, or program based on hours they have worked
under the multiemployer collective bargaining agreement for paid leave
taken under section 102(a)(1)(F) of title I of the Family and Medical
Leave Act of 1993, as added by the Families First Coronavirus Response
Act.
(b) Employees.--Employees who work under a multiemployer collective
bargaining agreement into which their employers make contributions as
provided in subsection (a) may secure pay from such fund, plan, or
program based on hours they have worked under the multiemployer
collective bargaining agreement for paid leave taken under section
102(a)(1)(F) of title I of the Family and Medical Leave Act of 1993, as
added by the Families First Coronavirus Response Act.
SEC. 3104. SPECIAL RULE FOR CERTAIN EMPLOYERS.
An employer under 110(a)(B) shall not be subject to section 107(a)
for a violation of section 102(a)(1)(F) if the employer does not meet
the definition of employer set forth in Section 101(4)(A)(i).
SEC. 3105. SPECIAL RULE FOR HEALTH CARE PROVIDERS AND EMERGENCY
RESPONDERS.
An employer of an employee who is a health care provider or an
emergency responder may elect to exclude such employee from the
application of the provisions in the amendments made under of section
3102 of this Act.
SEC. 3106. EFFECTIVE DATE.
This Act shall take effect not later than 15 days after the date
of enactment of this Act.
DIVISION D--EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION AND ACCESS
ACT OF 2020
SEC. 4101. SHORT TITLE.
This division may be cited as the ``Emergency Unemployment
Insurance Stabilization and Access Act of 2020''.
SEC. 4102. EMERGENCY TRANSFERS FOR UNEMPLOYMENT COMPENSATION
ADMINISTRATION.
(a) In General.--Section 903 of the Social Security Act (42 U.S.C.
1103) is amended by adding at the end the following:
``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, in accordance with succeeding provisions of this
subsection.
``(B) The amount of an emergency administration grant with respect
to a State shall, as determined by the Secretary of Labor, be equal to
the amount obtained by multiplying $1,000,000,000 by the same ratio as
would apply under subsection (a)(2)(B) for purposes of determining such
State's share of any excess amount (as described in subsection (a)(1))
that would have been subject to transfer to State accounts, as of
October 1, 2019, under the provisions of subsection (a).
``(C) Of the emergency administration grant determined under
subparagraph (B) with respect to a State--
``(i) not later than 60 days after the date of enactment of
this subsection, 50 percent shall be transferred to the account
of such State upon a certification by the Secretary of Labor to
the Secretary of the Treasury that the State meets the
requirements of paragraph (2); and
``(ii) only with respect to a State in which the number of
unemployment compensation claims has increased by at least 10
percent over the same quarter in the previous calendar year,
the remainder shall be transferred to the account of such State
upon a certification by the Secretary of Labor to the Secretary
of the Treasury that the State meets the requirements of
paragraph (3).
``(2) The requirements of this paragraph with respect to a State
are the following:
``(A) The State requires employers to provide notification
of the availability of unemployment compensation to employees
at the time of separation from employment. Such notification
may be based on model notification language issued by the
Secretary of Labor.
``(B) The State ensures that applications for unemployment
compensation, and assistance with the application process, are
accessible in at least two of the following: in-person, by
phone, or online.
``(C) The State notifies applicants when an application is
received and is being processed, and in any case in which an
application is unable to be processed, provides information
about steps the applicant can take to ensure the successful
processing of the application.
``(3) The requirements of this paragraph with respect to a State
are the following:
``(A) The State has expressed its commitment to maintain
and strengthen access to the unemployment compensation system,
including through initial and continued claims.
``(B) The State has demonstrated steps it has taken or will
take to ease eligibility requirements and access to
unemployment compensation for claimants, including waiving work
search requirements and the waiting week, and non-charging
employers directly impacted by COVID-19 due to an illness in
the workplace or direction from a public health official to
isolate or quarantine workers.
``(4) Any amount transferred to the account of a State under this
subsection may be used by such State only for the administration of its
unemployment compensation law, including by taking such steps as may be
necessary to ensure adequate resources in periods of high demand.
``(5) Not later than 1 year after the date of enactment of the
Emergency Unemployment Insurance Stabilization and Access Act of 2020,
each State receiving emergency administration grant funding under
paragraph (1)(C)(i) shall submit to the Secretary of Labor, the
Committee on Ways and Means of the House of Representatives, and the
Committee on Finance of the Senate, a report that includes--
``(A) an analysis of the recipiency rate for unemployment
compensation in the State as such rate has changed over time;
``(B) a description of steps the State intends to take to
increase such recipiency rate.
``(6)(A) Notwithstanding any other provision of law, the Secretary
of the Treasury shall transfer from the general fund of the Treasury
(from funds not otherwise appropriated) to the employment security
administration account (as established by section 901 of the Social
Security Act) such sums as the Secretary of Labor estimates to be
necessary for purposes of making the transfers described in paragraph
(1)(C).
``(B) There are appropriated from the general fund of the Treasury,
without fiscal year limitation, the sums referred to in the preceding
sentence and such sums shall not be required to be repaid.''.
(b) Emergency Flexibility.--Notwithstanding any other law, if a
State modifies its unemployment compensation law and policies with
respect to work search, waiting week, good cause, or employer
experience rating on an emergency temporary basis as needed to respond
to the spread of COVID-19, such modifications shall be disregarded for
the purposes of applying section 303 of the Social Security Act and
section 3304 of the Internal Revenue Code of 1986 to such State law.
(c) Regulations.--The Secretary of Labor may prescribe any
regulations, operating instructions, or other guidance necessary to
carry out the amendment made by subsection (a).
SEC. 4103. TEMPORARY ASSISTANCE FOR STATES WITH ADVANCES.
Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C.
1322(b)(10)(A)) is amended by striking ``beginning on the date of
enactment of this paragraph and ending on December 31, 2010'' and
inserting ``beginning on the date of enactment of the Emergency
Unemployment Insurance Stabilization and Access Act of 2020 and ending
on December 31, 2020''.
SEC. 4104. TECHNICAL ASSISTANCE AND GUIDANCE FOR SHORT-TIME
COMPENSATION PROGRAMS.
The Secretary of Labor shall assist States in establishing,
implementing, and improving the employer awareness of short-time
compensation programs (as defined in section 3306(v) of the Internal
Revenue Code of 1986) to help avert layoffs, including by providing
technical assistance and guidance.
SEC. 4105. FULL FEDERAL FUNDING OF EXTENDED UNEMPLOYMENT COMPENSATION
FOR A LIMITED PERIOD.
(a) In General.--In the case of sharable extended compensation and
sharable regular compensation paid for weeks of unemployment beginning
after the date of the enactment of this section and before December 31,
2020 (and only with respect to States that receive emergency
administration grant funding under clauses (i) and (ii) of section
903(h)(1)(C) of the Social Security Act (42 U.S.C. 1102(h)(1)(C))),
section 204(a)(1) of the Federal-State Extended Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note) shall be applied by
substituting ``100 percent of'' for ``one-half of''.
(b) Temporary Federal Matching for the First Week of Extended
Benefits for States With No Waiting Week.--With respect to weeks of
unemployment beginning after the date of the enactment of this Act and
ending on or before December 31, 2020, subparagraph (B) of section
204(a)(2) of the Federal-State Extended Unemployment Compensation Act
of 1970 (26 U.S.C. 3304 note) shall not apply.
(c) Definitions.--For purposes of this section--
(1) the terms ``sharable extended compensation'' and
``sharable regular compensation'' have the respective meanings
given such terms under section 204 of the Federal-State
Extended Unemployment Compensation Act of 1970; and
(2) the term ``week'' has the meaning given such term under
section 205 of the Federal-State Extended Unemployment
Compensation Act of 1970.
(d) Regulations.--The Secretary of Labor may prescribe any
operating instructions or regulations necessary to carry out this
section.
DIVISION E--EMERGENCY PAID SICK LEAVE ACT
SEC. 5101. SHORT TITLE.
This Act may be cited as the ``Emergency Paid Sick Leave Act''.
SEC. 5102. PAID SICK TIME REQUIREMENT.
(a) In General.--An employer shall provide to each employee
employed by the employer paid sick time to the extent that the employee
is unable to work (or telework) due to a need for leave because:
(1) The employee is subject to a Federal, State, or local
quarantine or isolation order related to COVID-19.
(2) The employee has been advised by a health care provider
to self-quarantine due to concerns related to COVID-19.
(3) The employee is experiencing symptoms of COVID-19 and
seeking a medical diagnosis.
(4) The employee is caring for an individual who is subject
to an order as described in subparagraph (1) or has been
advised as described in paragraph (2).
(5) The employee is caring for a son or daughter of such
employee if the school or place of care of the son or daughter
has been closed, or the child care provider of such son or
daughter is unavailable, due to COVID-19 precautions.
(6) The employee is experiencing any other substantially
similar condition specified by the Secretary of Health and
Human Services in consultation with the Secretary of the
Treasury and the Secretary of Labor.
Except that an employer of an employee who is a health care provider or
an emergency responder may elect to exclude such employee from the
application of this subsection.
(b) Duration of Paid Sick Time.--
(1) In general.--An employee shall be entitled to paid sick
time for an amount of hours determined under paragraph (2).
(2) Amount of hours.--The amount of hours of paid sick time
to which an employee is entitled shall be as follows:
(A) For full-time employees, 80 hours.
(B) For part-time employees, a number of hours
equal to the number of hours that such employee works,
on average, over a 2-week period.
(3) Carryover.--Paid sick time under this section shall not
carry over from 1 year to the next.
(c) Employer's Termination of Paid Sick Time.--Paid sick time
provided to an employee under this Act shall cease beginning with the
employee's next scheduled workshift immediately following the
termination of the need for paid sick time under subsection (a).
(d) Prohibition.--An employer may not require, as a condition of
providing paid sick time under this Act, that the employee involved
search for or find a replacement employee to cover the hours during
which the employee is using paid sick time.
(e) Use of Paid Sick Time.--
(1) In general.--The paid sick time under subsection (a)
shall be available for immediate use by the employee for the
purposes described in such subsection, regardless of how long
the employee has been employed by an employer.
(2) Sequencing.--
(A) In general.--An employee may first use the paid
sick time under subsection (a) for the purposes
described in such subsection.
(B) Prohibition.--An employer may not require an
employee to use other paid leave provided by the
employer to the employee before the employee uses the
paid sick time under subsection (a).
SEC. 5103. NOTICE.
(a) In General.--Each employer shall post and keep posted, in
conspicuous places on the premises of the employer where notices to
employees are customarily posted, a notice, to be prepared or approved
by the Secretary of Labor, of the requirements described in this Act.
(b) Model Notice.--Not later than 7 days after the date of
enactment of this Act, the Secretary of Labor shall make publicly
available a model of a notice that meets the requirements of subsection
(a).
SEC. 5104. PROHIBITED ACTS.
It shall be unlawful for any employer to discharge, discipline, or
in any other manner discriminate against any employee who--
(1) takes leave in accordance with this Act; and
(2) has filed any complaint or instituted or caused to be
instituted any proceeding under or related to this Act
(including a proceeding that seeks enforcement of this Act), or
has testified or is about to testify in any such proceeding.
SEC. 5105. ENFORCEMENT.
(a) Unpaid Sick Leave.--An employer who violates section 5102
shall--
(1) be considered to have failed to pay minimum wages in
violation of section 6 of the Fair Labor Standards Act of 1938
(29 U.S.C. 206); and
(2) be subject to the penalties described in sections 16
and 17 of such Act (29 U.S.C. 216; 217) with respect to such
violation.
(b) Unlawful Termination.--An employer who willfully violates
section 5104 shall--
(1) be considered to be in violation of section 15(a)(3) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)); and
(2) be subject to the penalties described in sections 16
and 17 of such Act (29 U.S.C. 216; 217) with respect to such
violation.
SEC. 5106. EMPLOYMENT UNDER MULTI-EMPLOYER BARGAINING AGREEMENTS.
(a) Employers.--An employer signatory to a multiemployer collective
bargaining agreement may, consistent with its bargaining obligations
and its collective bargaining agreement, fulfill its obligations under
this Act by making contributions to a multiemployer fund, plan, or
program based on the hours of paid sick time each of its employees is
entitled to under this Act while working under the multiemployer
collective bargaining agreement, provided that the fund, plan, or
program enables employees to secure pay from such fund, plan, or
program based on hours they have worked under the multiemployer
collective bargaining agreement and for the uses specified under
section 5102(a).
(b) Employees.--Employees who work under a multiemployer collective
bargaining agreement into which their employers make contributions as
provided in subsection (a) may secure pay from such fund, plan, or
program based on hours they have worked under the multiemployer
collective bargaining agreement for the uses specified in section
5102(a).
SEC. 5107. RULES OF CONSTRUCTION.
Nothing in this Act shall be construed--
(1) to in any way diminish the rights or benefits that an
employee is entitled to under any--
(A) other Federal, State, or local law;
(B) collective bargaining agreement; or
(C) existing employer policy; or
(2) to require financial or other reimbursement to an
employee from an employer upon the employee's termination,
resignation, retirement, or other separation from employment
for paid sick time under this Act that has not been used by
such employee.
SEC. 5108. EFFECTIVE DATE.
This Act, and the requirements under this Act, shall take effect
not later than 15 days after the date of enactment of this Act.
SEC. 5109. SUNSET.
This Act, and the requirements under this Act, shall expire on
December 31, 2020.
SEC. 5110. DEFINITIONS.
For purposes of the Act:
(1) Employee.--The terms ``employee'' means an individual
who is--
(A)(i) an employee, as defined in section 3(e) of
the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)), who is not covered under subparagraph (E) or
(F), including such an employee of the Library of
Congress, except that a reference in such section to an
employer shall be considered to be a reference to an
employer described in clauses (i)(I) and (ii) of
paragraph (5)(A); or
(ii) an employee of the Government Accountability
Office;
(B) a State employee described in section 304(a) of
the Government Employee Rights Act of 1991 (42 U.S.C.
2000e-16c(a));
(C) a covered employee, as defined in section 101
of the Congressional Accountability Act of 1995 (2
U.S.C. 1301), other than an applicant for employment;
(D) a covered employee, as defined in section
411(c) of title 3, United States Code;
(E) a Federal officer or employee covered under
subchapter V of chapter 63 of title 5, United States
Code; or
(F) any other individual occupying a position in
the civil service (as that term is defined in section
2101(1) of title 5, United States Code).
(2) Employer.--
(A) In general.--The term ``employer'' means a
person who is--
(i)(I) a covered employer, as defined in
subparagraph (B), who is not covered under
subclause (V);
(II) an entity employing a State employee
described in section 304(a) of the Government
Employee Rights Act of 1991;
(III) an employing office, as defined in
section 101 of the Congressional Accountability
Act of 1995;
(IV) an employing office, as defined in
section 411(c) of title 3, United States Code;
or
(V) an Executive Agency as defined in
section 105 of title 5, United States Code, and
including the U.S. Postal Service and the
Postal Regulatory Commission; and
(ii) engaged in commerce (including
government), or an industry or activity
affecting commerce (including government), as
defined in subparagraph (B)(iii).
(B) Covered employer.--
(i) In general.--In subparagraph (A)(i)(I),
the term ``covered employer''--
(I) means any person engaged in
commerce or in any industry or activity
affecting commerce that--
(aa) in the case of a
private entity or individual,
employs fewer than 500
employees; and
(bb) in the case of a
public agency or any other
entity that is not a private
entity or individual, employs 1
or more employees;
(II) includes--
(aa) includes any person
acting directly or indirectly
in the interest of an employer
in relation to an employee
(within the meaning of such
phrase in section 3(d) of the
Fair Labor Standards Act of
1938 (29 U.S.C. 203(d)); and
(bb) any successor in
interest of an employer;
(III) includes any ``public
agency'', as defined in section 3(x) of
the Fair Labor Standards Act of 1938
(29 U.S.C. 203(x)); and
(IV) includes the Government
Accountability Office and the Library
of Congress.
(ii) Public agency.--For purposes of clause
(i)(IV), a public agency shall be considered to
be a person engaged in commerce or in an
industry or activity affecting commerce.
(iii) Definitions.--For purposes of this
subparagraph:
(I) Commerce.--The terms
``commerce'' and ``industry or activity
affecting commerce'' means any
activity, business, or industry in
commerce or in which a labor dispute
would hinder or obstruct commerce or
the free flow of commerce, and include
``commerce'' and any ``industry
affecting commerce'', as defined in
paragraphs (1) and (3) of section 501
of the Labor Management Relations Act
of 1947 (29 U.S.C. 142 (1) and (3)).
(II) Employee.--The term
``employee'' has the same meaning given
such term in section 3(e) of the Fair
Labor Standards Act of 1938 (29 U.S.C.
203(e)).
(III) Person.--The term ``person''
has the same meaning given such term in
section 3(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
203(a)).
(3) FLSA terms.--The terms ``employ'' and ``State'' have
the meanings given such terms in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203).
(4) FMLA terms.--The terms ``health care provider'' and
``son or daughter'' have the meanings given such terms in
section 101 of the Family and Medical Leave Act of 1993 (29
U.S.C. 2611).
(5) Paid sick time.--
(A) In general.--The term ``paid sick time'' means
an increment of compensated leave that--
(i) is provided by an employer for use
during an absence from employment for a reason
described in any paragraph of section 2(a); and
(ii) is calculated based on the employee's
required compensation under subparagraph (B)
and the number of hours the employee would
otherwise be normally scheduled to work (or the
number of hours calculated under subparagraph
(C)), except that in no event shall such paid
sick time exceed--
(I) $511 per day and $5,110 in the
aggregate for a use described in
paragraph (1), (2), or (3) of section
5102(a); and
(II) $200 per day and $2,000 in the
aggregate for a use described in
paragraph (4), (5), or (6) of section
5102(a).
(B) Required compensation.--
(i) In general.--Subject to subparagraph
(A)(ii), the employee's required compensation
under this subparagraph shall be not less than
the greater of the following:
(I) The employee's regular rate of
pay (as determined under section 7(e)
of the Fair Labor Standards Act of 1938
(29 U.S.C. 207(e)).
(II) The minimum wage rate in
effect under section 6(a)(1) of the
Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)).
(III) The minimum wage rate in
effect for such employee in the
applicable State or locality, whichever
is greater, in which the employee is
employed.
(ii) Special rule for care of family
members.--Subject to subparagraph (A)(ii), with
respect to any paid sick time provided for any
use described in paragraph (4), (5), or (6) of
section 5102(a), the employee's required
compensation under this subparagraph shall be
two-thirds of the amount described in clause
(B)(i).
(C) Varying schedule hours calculation.--In the
case of a part-time employee described in section
5102(b)(2)(B) whose schedule varies from week to week
to such an extent that an employer is unable to
determine with certainty the number of hours the
employee would have worked if such employee had not
taken paid sick time under section 2(a), the employer
shall use the following in place of such number:
(i) Subject to clause (ii), a number equal
to the average number of hours that the
employee was scheduled per day over the 6-month
period ending on the date on which the employee
takes the paid sick time, including hours for
which the employee took leave of any type.
(ii) If the employee did not work over such
period, the reasonable expectation of the
employee at the time of hiring of the average
number of hours per day that the employee would
normally be scheduled to work.
(D) Guidelines.--Not later than 15 days after the
date of the enactment of this Act, the Secretary of
Labor shall issue guidelines to assist employers in
calculating the amount of paid sick time under
subparagraph (A).
(E) Reasonable notice.--After the first workday (or
portion thereof) an employee receives paid sick time
under this Act, an employer may require the employee to
follow reasonable notice procedures in order to
continue receiving such paid sick time.
SEC. 5111. REGULATORY AUTHORITIES.
The Secretary of Labor shall have the authority to issue
regulations for good cause under sections 553(b)(B) and 553(d)(A) of
title 5, United States Code--
(1) to exclude certain health care providers and emergency
responders from the definition of employee under section
5110(1) including by allowing the employer of such health care
providers and emergency responders to opt out;
(2) to exempt small businesses with fewer than 50 employees
from the requirements of section 5102(a)(5) when the imposition
of such requirements would jeopardize the viability of the
business as a going concern; and
(3) as necessary, to carry out the purposes of this Act,
including to ensure consistency between this Act and Division C
and Division G of the Families First Coronavirus Response Act.
DIVISION F--HEALTH PROVISIONS
SEC. 6001. COVERAGE OF TESTING FOR COVID-19.
(a) In General.--A group health plan and a health insurance issuer
offering group or individual health insurance coverage (including a
grandfathered health plan (as defined in section 1251(e) of the Patient
Protection and Affordable Care Act)) shall provide coverage, and shall
not impose any cost sharing (including deductibles, copayments, and
coinsurance) requirements or prior authorization or other medical
management requirements, for the following items and services furnished
during any portion of the emergency period defined in paragraph (1)(B)
of section 1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g))
beginning on or after the date of the enactment of this Act:
(1) In vitro diagnostic products (as defined in section
809.3(a) of title 21, Code of Federal Regulations) for the
detection of SARS-CoV-2 or the diagnosis of the virus that
causes COVID-19 that are approved, cleared, or authorized under
section 510(k), 513, 515 or 564 of the Federal Food, Drug, and
Cosmetic Act, and the administration of such in vitro
diagnostic products.
(2) Items and services furnished to an individual during
health care provider office visits (which term in this
paragraph includes in-person visits and telehealth visits),
urgent care center visits, and emergency room visits that
result in an order for or administration of an in vitro
diagnostic product described in paragraph (1), but only to the
extent such items and services relate to the furnishing or
administration of such product or to the evaluation of such
individual for purposes of determining the need of such
individual for such product.
(b) Enforcement.--The provisions of subsection (a) shall be applied
by the Secretary of Health and Human Services, Secretary of Labor, and
Secretary of the Treasury to group health plans and health insurance
issuers offering group or individual health insurance coverage as if
included in the provisions of part A of title XXVII of the Public
Health Service Act, part 7 of the Employee Retirement Income Security
Act of 1974, and subchapter B of chapter 100 of the Internal Revenue
Code of 1986, as applicable.
(c) Implementation.--The Secretary of Health and Human Services,
Secretary of Labor, and Secretary of the Treasury may implement the
provisions of this section through sub-regulatory guidance, program
instruction or otherwise.
(d) Terms.--The terms ``group health plan''; ``health insurance
issuer''; ``group health insurance coverage'', and ``individual health
insurance coverage'' have the meanings given such terms in section 2791
of the Public Health Service Act (42 U.S.C. 300gg-91), section 733 of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b),
and section 9832 of the Internal Revenue Code of 1986, as applicable.
SEC. 6002. WAIVING COST SHARING UNDER THE MEDICARE PROGRAM FOR CERTAIN
VISITS RELATING TO TESTING FOR COVID-19.
(a) In General.--Section 1833 of the Social Security Act (42 U.S.C.
1395l) is amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' before ``(CC)''; and
(B) by inserting before the period at the end the
following: ``, and (DD) with respect to a specified
COVID-19 testing-related service described in paragraph
(1) of subsection (cc) for which payment may be made
under a specified outpatient payment provision
described in paragraph (2) of such subsection, the
amounts paid shall be 100 percent of the payment amount
otherwise recognized under such respective specified
outpatient payment provision for such service,'';
(2) in subsection (b), in the first sentence--
(A) by striking ``and'' before ``(10)''; and
(B) by inserting before the period at the end the
following: ``, and (11) such deductible shall not apply
with respect to any specified COVID-19 testing-related
service described in paragraph (1) of subsection (cc)
for which payment may be made under a specified
outpatient payment provision described in paragraph (2)
of such subsection''; and
(3) by adding at the end the following new subsection:
``(cc) Specified COVID-19 Testing-related Services.--For purposes
of subsection (a)(1)(DD):
``(1) Description.--
``(A) In general.--A specified COVID-19 testing-
related service described in this paragraph is a
medical visit that--
``(i) is in any of the categories of HCPCS
evaluation and management service codes
described in subparagraph (B);
``(ii) is furnished during any portion of
the emergency period (as defined in section
1135(g)(1)(B)) (beginning on or after the date
of enactment of this subsection);
``(iii) results in an order for or
administration of a clinical diagnostic
laboratory test described in section
1852(a)(1)(B)(iv)(IV); and
``(iv) relates to the furnishing or
administration of such test or to the
evaluation of such individual for purposes of
determining the need of such individual for
such test.
``(B) Categories of hcpcs codes.--For purposes of
subparagraph (A), the categories of HCPCS evaluation
and management services codes are the following:
``(i) Office and other outpatient services.
``(ii) Hospital observation services.
``(iii) Emergency department services.
``(iv) Nursing facility services.
``(v) Domiciliary, rest home, or custodial
care services.
``(vi) Home services.
``(vii) Online digital evaluation and
management services.
``(2) Specified outpatient payment provision.--A specified
outpatient payment provision described in this paragraph is any
of the following:
``(A) The hospital outpatient prospective payment
system under subsection (t).
``(B) The physician fee schedule under section
1848.
``(C) The prospective payment system developed
under section 1834(o).
``(D) Section 1834(g), with respect to an
outpatient critical access hospital service.
``(E) The payment basis determined in regulations
pursuant to section 1833(a)(3) for rural health clinic
services.''.
(b) Claims Modifier.--The Secretary of Health and Human Services
shall provide for an appropriate modifier (or other identifier) to
include on claims to identify, for purposes of subparagraph (DD) of
section 1833(a)(1), as added by subsection (a), specified COVID-19
testing-related services described in paragraph (1) of section 1833(cc)
of the Social Security Act, as added by subsection (a), for which
payment may be made under a specified outpatient payment provision
described in paragraph (2) of such subsection.
(c) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the provisions
of, including amendments made by, this section through program
instruction or otherwise.
SECTION 6003. COVERAGE OF TESTING FOR COVID-19 AT NO COST SHARING UNDER
THE MEDICARE ADVANTAGE PROGRAM.
(a) In General.--Section 1852(a)(1)(B) of the Social Security Act
(42 U.S.C. 1395w-22(a)(1)(B)) is amended--
(1) in clause (iv)--
(A) by redesignating subclause (IV) as subclause
(VI); and
(B) by inserting after subclause (III) the
following new subclauses:
``(IV) Clinical diagnostic
laboratory test administered during any
portion of the emergency period defined
in paragraph (1)(B) of section 1135(g)
beginning on or after the date of the
enactment of the Families First
Coronavirus Response Act for the
detection of SARS-CoV-2 or the
diagnosis of the virus that causes
COVID-19 and the administration of such
test.
``(V) Specified COVID-19 testing-
related services (as described in
section 1833(cc)(1)) for which payment
would be payable under a specified
outpatient payment provision described
in section 1833(cc)(2).'';
(2) in clause (v), by inserting ``, other than subclauses
(IV) and (V) of such clause,'' after ``clause (iv)''; and
(3) by adding at the end the following new clause:
``(vi) Prohibition of application of
certain requirements for covid-19 testing.--In
the case of a product or service described in
subclause (IV) or (V), respectively, of clause
(iv) that is administered or furnished during
any portion of the emergency period described
in such subclause beginning on or after the
date of the enactment of this clause, an MA
plan may not impose any prior authorization or
other utilization management requirements with
respect to the coverage of such a product or
service under such plan.''.
(b) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendments
made by this section by program instruction or otherwise.
SECTION 6004. COVERAGE AT NO COST SHARING OF COVID-19 TESTING UNDER
MEDICAID AND CHIP.
(a) Medicaid.--
(1) In general.--Section 1905(a)(3) of the Social Security
Act (42 U.S.C. 1396d(a)(3)) is amended--
(A) by striking ``other laboratory'' and inserting
``(a) other laboratory'';
(B) by inserting ``and'' after the semicolon; and
(C) by adding at the end the following new
subparagraph:
``(B) in vitro diagnostic products (as defined in section
809.3(a) of title 21, Code of Federal Regulations) administered
during any portion of the emergency period defined in paragraph
(1)(B) of section 1135(g) beginning on or after the date of the
enactment of this subparagraph for the detection of SARS-CoV-2
or the diagnosis of the virus that causes COVID-19 that are
approved, cleared, or authorized under section 510(k), 513, 515
or 564 of the Federal Food, Drug, and Cosmetic Act, and the
administration of such in vitro diagnostic products;''.
(2) No cost sharing.--
(A) In general.--Subsections (a)(2) and (b)(2) of
section 1916 of the Social Security Act (42 U.S.C.
1396o) are each amended--
(i) in subparagraph (D), by striking ``or''
at the end;
(ii) in subparagraph (E), by striking ``;
and'' and inserting a comma; and
(iii) by adding at the end the following
new subparagraphs:
``(F) any in vitro diagnostic product described in
section 1905(a)(3)(B) that is administered during any
portion of the emergency period described in such
section beginning on or after the date of the enactment
of this subparagraph (and the administration of such
product), or
``(G) COVID-19 testing-related services for which
payment may be made under the State plan; and''.
(B) Application to alternative cost sharing.--
Section 1916A(b)(3)(B) of the Social Security Act (42
U.S.C. 1396o-1(b)(3)(B)) is amended by adding at the
end the following new clause:
``(xi) Any in vitro diagnostic product
described in section 1905(a)(3)(B) that is
administered during any portion of the
emergency period described in such section
beginning on or after the date of the enactment
of this clause (and the administration of such
product) and any visit described in section
1916(a)(2)(G) that is furnished during any such
portion.''.
(C) Clarification.--The amendments made this
paragraph shall apply with respect to a State plan of a
territory in the same manner as a State plan of one of
the 50 States.
(3) State option to provide coverage for uninsured
individuals.--
(A) In general.--Section 1902(a)(10) of the Social
Security Act (42 U.S.C. 1396a(a)(10)) is amended--
(i) in subparagraph (A)(ii)--
(I) in subclause (XXI), by striking
``or'' at the end;
(II) in subclause (XXII), by adding
``or'' at the end; and
(III) by adding at the end the
following new subclause:
``(XXIII) during any portion of the
emergency period defined in paragraph
(1)(B) of section 1135(g) beginning on
or after the date of the enactment of
this subclause, who are uninsured
individuals (as defined in subsection
(ss));''; and
(ii) in the matter following subparagraph
(G)--
(I) by striking ``and (XVII)'' and
inserting ``, (XVII)''; and
(II) by inserting after ``instead
of through subclause (VIII)'' the
following: ``, and (XVIII) the medical
assistance made available to an
uninsured individual (as defined in
subsection (ss)) who is eligible for
medical assistance only because of
subparagraph (A)(ii)(XXIII) shall be
limited to medical assistance for any
in vitro diagnostic product described
in section 1905(a)(3)(B) that is
administered during any portion of the
emergency period described in such
section beginning on or after the date
of the enactment of this subclause (and
the administration of such product) and
any visit described in section
1916(a)(2)(G) that is furnished during
any such portion''.
(B) Receipt and initial processing of applications
at certain locations.--Section 1902(a)(55) of the
Social Security Act (42 U.S.C. 1396a(a)(55)) is
amended, in the matter preceding subparagraph (A), by
striking ``or (a)(10)(A)(ii)(IX)'' and inserting
``(a)(10)(A)(ii)(IX), or (a)(10)(A)(ii)(XXIII)''.
(C) Uninsured individual defined.--Section 1902 of
the Social Security Act (42 U.S.C. 1396a) is amended by
adding at the end the following new subsection:
``(ss) Uninsured Individual Defined.--For purposes of this section,
the term `uninsured individual' means, notwithstanding any other
provision of this title, any individual who is--
``(1) not described in subsection (a)(10)(A)(i); and
``(2) not enrolled in a Federal health care program (as
defined in section 1128B(f)), a group health plan, group or
individual health insurance coverage offered by a health
insurance issuer (as such terms are defined in section 2791 of
the Public Health Service Act), or a health plan offered under
chapter 89 of title 5, United States Code.''.
(D) Federal medical assistance percentage.--Section
1905(b) of the Social Security Act (42 U.S.C. 1396d(b))
is amended by adding at the end the following new
sentence: ``Notwithstanding the first sentence of this
subsection, the Federal medical assistance percentage
shall be 100 per centum with respect to (and,
notwithstanding any other provision of this title,
available for) medical assistance provided to uninsured
individuals (as defined in section 1902(ss)) who are
eligible for such assistance only on the basis of
section 1902(a)(10)(A)(ii)(XXIII) and with respect to
expenditures described in section 1903(a)(7) that a
State demonstrates to the satisfaction of the Secretary
are attributable to administrative costs related to
providing for such medical assistance to such
individuals under the State plan.''.
(b) CHIP.--
(1) In general.--Section 2103(c) of the Social Security Act
(42 U.S.C. 1397cc(c)) is amended by adding at the end the
following paragraph:
``(10) Certain in vitro diagnostic products for covid-19
testing.--The child health assistance provided to a targeted
low-income child shall include coverage of any in vitro
diagnostic product described in section 1905(a)(3)(B) that is
administered during any portion of the emergency period
described in such section beginning on or after the date of the
enactment of this subparagraph (and the administration of such
product).''.
(2) Coverage for targeted low-income pregnant women.--
Section 2112(b)(4) of the Social Security Act (42 U.S.C.
1397ll(b)(4)) is amended by inserting ``under section 2103(c)''
after ``same requirements''.
(3) Prohibition of cost sharing.--Section 2103(e)(2) of the
Social Security Act (42 U.S.C. 1397cc(e)(2)) is amended--
(A) in the paragraph header, by inserting ``,
covid-19 testing,'' before ``or pregnancy-related
assistance''; and
(B) by striking ``category of services described in
subsection (c)(1)(D) or'' and inserting ``categories of
services described in subsection (c)(1)(D), in vitro
diagnostic products described in subsection (c)(10)
(and administration of such products), visits described
in section 1916(a)(2)(G), or''.
SEC. 6005. TREATMENT OF PERSONAL RESPIRATORY PROTECTIVE DEVICES AS
COVERED COUNTERMEASURES.
Section 319F-3(i)(1) of the Public Health Service Act (42 U.S.C.
247d-6d(i)(1)) is amended--
(1) in subparagraph (B), by striking ``or'' at the end; and
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) a personal respiratory protective device that
is--
``(i) approved by the National Institute
for Occupational Safety and Health under part
84 of title 42, Code of Federal Regulations (or
successor regulations);
``(ii) subject to the emergency use
authorization issued by the Secretary on March
2, 2020, or subsequent emergency use
authorizations, pursuant to section 564 of the
Federal Food, Drug, and Cosmetic Act
(authorizing emergency use of personal
respiratory protective devices during the
COVID-19 outbreak); and
``(iii) used during the period beginning on
January 27, 2020, and ending on October 1,
2024, in response to the public health
emergency declared on January 31, 2020,
pursuant to section 319 as a result of
confirmed cases of 2019 Novel Coronavirus
(2019-nCoV).''.
SEC. 6006. APPLICATION WITH RESPECT TO TRICARE, COVERAGE FOR VETERANS,
AND COVERAGE FOR FEDERAL CIVILIANS.
(a) Tricare.--The Secretary of Defense may not require any
copayment or other cost sharing under chapter 55 of title 10, United
States Code, for in vitro diagnostic products described in paragraph
(1) of section 6001(a) (or the administration of such products) or
visits described in paragraph (2) of such section furnished during any
portion of the emergency period defined in paragraph (1)(B) of section
1135(g) of the Social Security Act (42 U.S.C. 1320b-5(g)) beginning on
or after the date of the enactment of this Act.
(b) Veterans.--The Secretary of Veterans Affairs may not require
any copayment or other cost sharing under chapter 17 of title 38,
United States Code, for in vitro diagnostic products described in
paragraph (1) of section 6001(a) (or the administration of such
products) or visits described in paragraph (2) of such section
furnished during any portion of the emergency period defined in
paragraph (1)(B) of section 1135(g) of the Social Security Act (42
U.S.C. 1320b-5(g)) beginning on or after the date of the enactment of
this Act.
(c) Federal Civilians.--No copayment or other cost sharing may be
required for any individual occupying a position in the civil service
(as that term is defined in section 2101(1) of title 5, United States
Code) enrolled in a health benefits plan, including any plan under
chapter 89 of title 5, United States Code, or for any other individual
currently enrolled in any plan under chapter 89 of title 5 for in vitro
diagnostic products described in paragraph (1) of section 6001(a) (or
the administration of such products) or visits described in paragraph
(2) of such section furnished during any portion of the emergency
period defined in paragraph (1)(B) of section 1135(g) of the Social
Security Act (42 U.S.C. 1320b-5(g)) beginning on or after the date of
the enactment of this Act.
SEC. 6007. COVERAGE OF TESTING FOR COVID-19 AT NO COST SHARING FOR
INDIANS RECEIVING PURCHASED/REFERRED CARE.
The Secretary of Health and Human Services shall cover, without the
imposition of any cost sharing requirements, the cost of providing any
COVID-19 related items and services as described in paragraph (1) of
section 6001(a) (or the administration of such products) or visits
described in paragraph (2) of such section furnished during any portion
of the emergency period defined in paragraph (1)(B) of section 1135(g)
of the Social Security Act (42 U.S.C. 320b-5(g)) beginning on or after
the date of the enactment of this Act to Indians (as defined in section
4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) receiving
health services through the Indian Health Service, including through an
Urban Indian Organization, regardless of whether such items or services
have been authorized under the purchased/referred care system funded by
the Indian Health Service or is covered as a health service of the
Indian Health Service.
SEC. 6008. TEMPORARY INCREASE OF MEDICAID FMAP.
(a) In General.--Subject to subsection (b), for each calendar
quarter occurring during the period beginning on the first day of the
emergency period defined in paragraph (1)(B) of section 1135(g) of the
Social Security Act (42 U.S.C. 1320b-5(g)) and ending on the last day
of the calendar quarter in which the last day of such emergency period
occurs, the Federal medical assistance percentage determined for each
State, including the District of Columbia, American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, Puerto Rico, and the
United States Virgin Islands, under section 1905(b) of the Social
Security Act (42 U.S.C. 1396d(b)) shall be increased by 6.2 percentage
points.
(b) Requirement for All States.--A State described in subsection
(a) may not receive the increase described in such subsection in the
Federal medical assistance percentage for such State, with respect to a
quarter, if--
(1) eligibility standards, methodologies, or procedures
under the State plan of such State under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) (including any
waiver under such title or section 1115 of such Act (42 U.S.C.
1315)) are more restrictive during such quarter than the
eligibility standards, methodologies, or procedures,
respectively, under such plan (or waiver) as in effect on
January 1, 2020;
(2) the amount of any premium imposed by the State pursuant
to section 1916 or 1916A of such Act (42 U.S.C. 1396o, 1396o-1)
during such quarter, with respect to an individual enrolled
under such plan (or waiver), exceeds the amount of such premium
as of January 1, 2020;
(3) the State fails to provide that an individual who is
enrolled for benefits under such plan (or waiver) as of the
date of enactment of this section or enrolls for benefits under
such plan (or waiver) during the period beginning on such date
of enactment and ending the last day of the month in which the
emergency period described in subsection (a) ends shall be
treated as eligible for such benefits through the end of the
month in which such emergency period ends unless the individual
requests a voluntary termination of eligibility or the
individual ceases to be a resident of the State; or
(4) the State does not provide coverage under such plan (or
waiver), without the imposition of cost sharing, during such
quarter for any testing services and treatments for COVID-19,
including vaccines, specialized equipment, and therapies.
(c) Requirement for Certain States.--Section 1905(cc) of the Social
Security Act (42 U.S.C. 1396d(cc)) is amended by striking the period at
the end of the subsection and inserting ``and section 6008 of the
Families First Coronavirus Response Act, except that in applying such
treatments to the increases in the Federal medical assistance
percentage under section 6008 of the Families First Coronavirus
Response Act, the reference to `December 31, 2009' shall be deemed to
be a reference to `March 11, 2020'.''.
SEC. 6009. INCREASE IN MEDICAID ALLOTMENTS FOR TERRITORIES.
Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)) is
amended--
(1) in paragraph (2)--
(A) in subparagraph (B)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking ``for each
of fiscal years 2020 through 2021,
$126,000,000;'' and inserting ``for fiscal year
2020, $128,712,500; and''; and
(iii) by adding at the end the following
new clause:
``(iii) for fiscal year 2021,
$127,937,500;'';
(B) in subparagraph (C)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking ``for each
of fiscal years 2020 through 2021,
$127,000,000;'' and inserting ``for fiscal year
2020, $130,875,000; and''; and
(iii) by adding at the end the following
new clause:
``(iii) for fiscal year 2021,
$129,712,500;'';
(C) in subparagraph (D)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking ``for each
of fiscal years 2020 through 2021, $60,000,000;
and'' and inserting ``for fiscal year 2020,
$63,100,000; and''; and
(iii) by adding at the end the following
new clause:
``(iii) for fiscal year 2021, $62,325,000;
and''; and
(D) in subparagraph (E)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking ``for each
of fiscal years 2020 through 2021,
$84,000,000.'' and inserting ``for fiscal year
2020, $86,325,000; and''; and
(iii) by adding at the end the following
new clause:
``(iii) for fiscal year 2021,
$85,550,000.''; and
(2) in paragraph (6)(A)--
(A) in clause (i), by striking ``$2,623,188,000''
and inserting ``$2,716,188,000''; and
(B) in clause (ii), by striking ``$2,719,072,000''
and inserting ``$2,809,063,000''.
SEC. 6010. CLARIFICATION RELATING TO SECRETARIAL AUTHORITY REGARDING
MEDICARE TELEHEALTH SERVICES FURNISHED DURING COVID-19
EMERGENCY PERIOD.
Paragraph (3)(A) of section 1135(g) of the Social Security Act (42
U.S.C. 1320b-5(g)) is amended to read as follows:
``(A) furnished to such individual, during the 3-
year period ending on the date such telehealth service
was furnished, an item or service that would be
considered covered under title XVIII if furnished to an
individual entitled to benefits or enrolled under such
title; or''.
DIVISION G--TAX CREDITS FOR PAID SICK AND PAID FAMILY AND MEDICAL LEAVE
SEC. 7001. PAYROLL CREDIT FOR REQUIRED PAID SICK LEAVE.
(a) In General.--In the case of an employer, there shall be allowed
as a credit against the tax imposed by section 3111(a) or 3221(a) of
the Internal Revenue Code of 1986 for each calendar quarter an amount
equal to 100 percent of the qualified sick leave wages paid by such
employer with respect to such calendar quarter.
(b) Limitations and Refundability.--
(1) Wages taken into account.--The amount of qualified sick
leave wages taken into account under subsection (a) with
respect to any individual shall not exceed $200 ($511 in the
case of any day any portion of which is paid sick time
described in paragraph (1), (2), or (3) of section 5102(a) of
the Emergency Paid Sick Leave Act) for any day (or portion
thereof) for which the individual is paid qualified sick leave
wages.
(2) Overall limitation on number of days taken into
account.--The aggregate number of days taken into account under
paragraph (1) for any calendar quarter shall not exceed the
excess (if any) of--
(A) 10, over
(B) the aggregate number of days so taken into
account for all preceding calendar quarters.
(3) Credit limited to certain employment taxes.--The credit
allowed by subsection (a) with respect to any calendar quarter
shall not exceed the tax imposed by section 3111(a) or 3221(a)
of such Code for such calendar quarter (reduced by any credits
allowed under subsections (e) and (f) of section 3111 of such
Code for such quarter) on the wages paid with respect to the
employment of all employees of the employer.
(4) Refundability of excess credit.--
(A) In general.--If the amount of the credit under
subsection (a) exceeds the limitation of paragraph (3)
for any calendar quarter, such excess shall be treated
as an overpayment that shall be refunded under sections
6402(a) and 6413(b) of such Code.
(B) Treatment of payments.--For purposes of section
1324 of title 31, United States Code, any amounts due
to an employer under this paragraph shall be treated in
the same manner as a refund due from a credit provision
referred to in subsection (b)(2) of such section.
(c) Qualified Sick Leave Wages.--For purposes of this section, the
term ``qualified sick leave wages'' means wages (as defined in section
3121(a) of the Internal Revenue Code of 1986) and compensation (as
defined in section 3231(e) of the Internal Revenue Code) paid by an
employer which are required to be paid by reason of the Emergency Paid
Sick Leave Act.
(d) Allowance of Credit for Certain Health Plan Expenses.--
(1) In general.--The amount of the credit allowed under
subsection (a) shall be increased by so much of the employer's
qualified health plan expenses as are properly allocable to the
qualified sick leave wages for which such credit is so allowed.
(2) Qualified health plan expenses.--For purposes of this
subsection, the term ``qualified health plan expenses'' means
amounts paid or incurred by the employer to provide and
maintain a group health plan (as defined in section 5000(b)(1)
of the Internal Revenue Code of 1986), but only to the extent
that such amounts are excluded from the gross income of
employees by reason of section 106(a) of such Code.
(3) Allocation rules.--For purposes of this section,
qualified health plan expenses shall be allocated to qualified
sick leave wages in such manner as the Secretary of the
Treasury (or the Secretary's delegate) may prescribe. Except as
otherwise provided by the Secretary, such allocation shall be
treated as properly made if made on the basis of being pro rata
among covered employees and pro rata on the basis of periods of
coverage (relative to the time periods of leave to which such
wages relate).
(e) Special Rules.--
(1) Denial of double benefit.--For purposes of chapter 1 of
such Code, the gross income of the employer, for the taxable
year which includes the last day of any calendar quarter with
respect to which a credit is allowed under this section, shall
be increased by the amount of such credit. Any wages taken into
account in determining the credit allowed under this section
shall not be taken into account for purposes of determining the
credit allowed under section 45S of such Code.
(2) Election not to have section apply.--This section shall
not apply with respect to any employer for any calendar quarter
if such employer elects (at such time and in such manner as the
Secretary of the Treasury (or the Secretary's delegate) may
prescribe) not to have this section apply.
(3) Certain terms.--Any term used in this section which is
also used in chapter 21 of such Code shall have the same
meaning as when used in such chapter.
(4) Certain governmental employers.--This credit shall not
apply to the Government of the United States, the government of
any State or political subdivision thereof, or any agency or
instrumentality of any of the foregoing.
(f) Regulations.--The Secretary of the Treasury (or the Secretary's
delegate) shall prescribe such regulations or other guidance as may be
necessary to carry out the purposes of this section, including--
(1) regulations or other guidance to prevent the avoidance
of the purposes of the limitations under this section,
(2) regulations or other guidance to minimize compliance
and record-keeping burdens under this section,
(3) regulations or other guidance providing for waiver of
penalties for failure to deposit amounts in anticipation of the
allowance of the credit allowed under this section,
(4) regulations or other guidance for recapturing the
benefit of credits determined under this section in cases where
there is a subsequent adjustment to the credit determined under
subsection (a), and
(5) regulations or other guidance to ensure that the wages
taken into account under this section conform with the paid
sick time required to be provided under the Emergency Paid Sick
Leave Act.
(g) Application of Section.--This section shall apply only to wages
paid with respect to the period beginning on a date selected by the
Secretary of the Treasury (or the Secretary's delegate) which is during
the 15-day period beginning on the date of the enactment of this Act,
and ending on December 31, 2020.
(h) Transfers to Federal Old-Age and Survivors Insurance Trust
Fund.--There are hereby appropriated to the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability Insurance
Trust Fund established under section 201 of the Social Security Act (42
U.S.C. 401) and the Social Security Equivalent Benefit Account
established under section 15A(a) of the Railroad Retirement Act of 1974
(45 U.S.C. 231n-1(a)) amounts equal to the reduction in revenues to the
Treasury by reason of this section (without regard to this subsection).
Amounts appropriated by the preceding sentence shall be transferred
from the general fund at such times and in such manner as to replicate
to the extent possible the transfers which would have occurred to such
Trust Fund or Account had this section not been enacted.
SEC. 7002. CREDIT FOR SICK LEAVE FOR CERTAIN SELF-EMPLOYED INDIVIDUALS.
(a) Credit Against Self-employment Tax.--In the case of an eligible
self-employed individual, there shall be allowed as a credit against
the tax imposed by subtitle A of the Internal Revenue Code of 1986 for
any taxable year an amount equal to the qualified sick leave equivalent
amount with respect to the individual.
(b) Eligible Self-employed Individual.--For purposes of this
section, the term ``eligible self-employed individual'' means an
individual who--
(1) regularly carries on any trade or business within the
meaning of section 1402 of such Code, and
(2) would be entitled to receive paid leave during the
taxable year pursuant to the Emergency Paid Sick Leave Act if
the individual were an employee of an employer (other than
himself or herself).
(c) Qualified Sick Leave Equivalent Amount.--For purposes of this
section--
(1) In general.--The term ``qualified sick leave equivalent
amount'' means, with respect to any eligible self-employed
individual, an amount equal to--
(A) the number of days during the taxable year (but
not more than the applicable number of days) that the
individual is unable to perform services in any trade
or business referred to in section 1402 of such Code
for a reason with respect to which such individual
would be entitled to receive sick leave as described in
subsection (b), multiplied by
(B) the lesser of--
(i) $200 ($511 in the case of any day of
paid sick time described in paragraph (1), (2),
or (3) of section 5102(a) of the Emergency Paid
Sick Leave Act), or
(ii) 67 percent (100 percent in the case of
any day of paid sick time described in
paragraph (1), (2), or (3) of section 5102(a)
of the Emergency Paid Sick Leave Act) of the
average daily self-employment income of the
individual for the taxable year.
(2) Average daily self-employment income.--For purposes of
this subsection, the term ``average daily self-employment
income'' means an amount equal to--
(A) the net earnings from self-employment of the
individual for the taxable year, divided by
(B) 260.
(3) Applicable number of days.--For purposes of this
subsection, the term ``applicable number of days'' means, with
respect to any taxable year, the excess (if any) of 10 days
over the number of days taken into account under paragraph
(1)(A) in all preceding taxable years.
(d) Special Rules.--
(1) Credit refundable.--
(A) In general.--The credit determined under this
section shall be treated as a credit allowed to the
taxpayer under subpart C of part IV of subchapter A of
chapter 1 of such Code.
(B) Treatment of payments.--For purposes of section
1324 of title 31, United States Code, any refund due
from the credit determined under this section shall be
treated in the same manner as a refund due from a
credit provision referred to in subsection (b)(2) of
such section.
(2) Documentation.--No credit shall be allowed under this
section unless the individual maintains such documentation as
the Secretary of the Treasury (or the Secretary's delegate) may
prescribe to establish such individual as an eligible self-
employed individual.
(3) Denial of double benefit.--In the case of an individual
who receives wages (as defined in section 3121(a) of the
Internal Revenue Code of 1986) or compensation (as defined in
section 3231(e) of the Internal Revenue Code) paid by an
employer which are required to be paid by reason of the
Emergency Paid Sick Leave Act, the qualified sick leave
equivalent amount otherwise determined under subsection (c)
shall be reduced (but not below zero) to the extent that the
sum of the amount described in such subsection and in section
7001(b)(1) exceeds $2,000 ($5,110 in the case of any day any
portion of which is paid sick time described in paragraph (1),
(2), or (3) of section 5102(a) of the Emergency Paid Sick Leave
Act).
(4) Certain terms.--Any term used in this section which is
also used in chapter 2 of the Internal Revenue Code of 1986
shall have the same meaning as when used in such chapter.
(e) Application of Section.--Only days occurring during the period
beginning on a date selected by the Secretary of the Treasury (or the
Secretary's delegate) which is during the 15-day period beginning on
the date of the enactment of this Act, and ending on December 31, 2020,
may be taken into account under subsection (c)(1)(A).
(f) Application of Credit in Certain Possessions.--
(1) Payments to possessions with mirror code tax systems.--
The Secretary of the Treasury (or the Secretary's delegate)
shall pay to each possession of the United States which has a
mirror code tax system amounts equal to the loss (if any) to
that possession by reason of the application of the provisions
of this section. Such amounts shall be determined by the
Secretary of the Treasury (or the Secretary's delegate) based
on information provided by the government of the respective
possession.
(2) Payments to other possessions.--The Secretary of the
Treasury (or the Secretary's delegate) shall pay to each
possession of the United States which does not have a mirror
code tax system amounts estimated by the Secretary of the
Treasury (or the Secretary's delegate) as being equal to the
aggregate benefits (if any) that would have been provided to
residents of such possession by reason of the provisions of
this section if a mirror code tax system had been in effect in
such possession. The preceding sentence shall not apply unless
the respective possession has a plan, which has been approved
by the Secretary of the Treasury (or the Secretary's delegate),
under which such possession will promptly distribute such
payments to its residents.
(3) Mirror code tax system.--For purposes of this section,
the term ``mirror code tax system'' means, with respect to any
possession of the United States, the income tax system of such
possession if the income tax liability of the residents of such
possession under such system is determined by reference to the
income tax laws of the United States as if such possession were
the United States.
(4) Treatment of payments.--For purposes of section 1324 of
title 31, United States Code, the payments under this section
shall be treated in the same manner as a refund due from a
credit provision referred to in subsection (b)(2) of such
section.
(g) Regulations.--The Secretary of the Treasury (or the Secretary's
delegate) shall prescribe such regulations or other guidance as may be
necessary to carry out the purposes of this section, including--
(1) regulations or other guidance to effectuate the
purposes of this Act, and
(2) regulations or other guidance to minimize compliance
and record-keeping burdens under this section.
SEC. 7003. PAYROLL CREDIT FOR REQUIRED PAID FAMILY LEAVE.
(a) In General.--In the case of an employer, there shall be allowed
as a credit against the tax imposed by section 3111(a) or 3221(a) of
the Internal Revenue Code of 1986 for each calendar quarter an amount
equal to 100 percent of the qualified family leave wages paid by such
employer with respect to such calendar quarter.
(b) Limitations and Refundability.--
(1) Wages taken into account.--The amount of qualified
family leave wages taken into account under subsection (a) with
respect to any individual shall not exceed--
(A) for any day (or portion thereof) for which the
individual is paid qualified family leave wages, $200,
and
(B) in the aggregate with respect to all calendar
quarters, $10,000.
(2) Credit limited to certain employment taxes.--The credit
allowed by subsection (a) with respect to any calendar quarter
shall not exceed the tax imposed by section 3111(a) or 3221(a)
of such Code for such calendar quarter (reduced by any credits
allowed under subsections (e) and (f) of section 3111 of such
Code, and section 7001 of this Act, for such quarter) on the
wages paid with respect to the employment of all employees of
the employer.
(3) Refundability of excess credit.--If the amount of the
credit under subsection (a) exceeds the limitation of paragraph
(2) for any calendar quarter, such excess shall be treated as
an overpayment that shall be refunded under sections 6402(a)
and 6413(b) of such Code.
(c) Qualified Family Leave Wages.--For purposes of this section,
the term ``qualified family leave wages'' means wages (as defined in
section 3121(a) of such Code) and compensation (as defined in section
3231(e) of the Internal Revenue Code) paid by an employer which are
required to be paid by reason of the Emergency Family and Medical Leave
Expansion Act (including the amendments made by such Act).
(d) Allowance of Credit for Certain Health Plan Expenses.--
(1) In general.--The amount of the credit allowed under
subsection (a) shall be increased by so much of the employer's
qualified health plan expenses as are properly allocable to the
qualified family leave wages for which such credit is so
allowed.
(2) Qualified health plan expenses.--For purposes of this
subsection, the term ``qualified health plan expenses'' means
amounts paid or incurred by the employer to provide and
maintain a group health plan (as defined in section 5000(b)(1)
of the Internal Revenue Code of 1986), but only to the extent
that such amounts are excluded from the gross income of
employees by reason of section 106(a) of such Code.
(3) Allocation rules.--For purposes of this section,
qualified health plan expenses shall be allocated to qualified
family leave wages in such manner as the Secretary of the
Treasury (or the Secretary's delegate) may prescribe. Except as
otherwise provided by the Secretary, such allocation shall be
treated as properly made if made on the basis of being pro rata
among covered employees and pro rata on the basis of periods of
coverage (relative to the time periods of leave to which such
wages relate).
(e) Special Rules.--
(1) Denial of double benefit.--For purposes of chapter 1 of
such Code, the gross income of the employer, for the taxable
year which includes the last day of any calendar quarter with
respect to which a credit is allowed under this section, shall
be increased by the amount of such credit. Any wages taken into
account in determining the credit allowed under this section
shall not be taken into account for purposes of determining the
credit allowed under section 45S of such Code .
(2) Election not to have section apply.--This section shall
not apply with respect to any employer for any calendar quarter
if such employer elects (at such time and in such manner as the
Secretary of the Treasury (or the Secretary's delegate) may
prescribe) not to have this section apply.
(3) Certain terms.--Any term used in this section which is
also used in chapter 21 of such Code shall have the same
meaning as when used in such chapter.
(4) Certain governmental employers.--This credit shall not
apply to the Government of the United States, the government of
any State or political subdivision thereof, or any agency or
instrumentality of any of the foregoing.
(f) Regulations.--The Secretary of the Treasury (or the Secretary's
delegate) shall prescribe such regulations or other guidance as may be
necessary to carry out the purposes of this section, including--
(1) regulations or other guidance to prevent the avoidance
of the purposes of the limitations under this section,
(2) regulations or other guidance to minimize compliance
and record-keeping burdens under this section,
(3) regulations or other guidance providing for waiver of
penalties for failure to deposit amounts in anticipation of the
allowance of the credit allowed under this section,
(4) regulations or other guidance for recapturing the
benefit of credits determined under this section in cases where
there is a subsequent adjustment to the credit determined under
subsection (a), and
(5) regulations or other guidance to ensure that the wages
taken into account under this section conform with the paid
leave required to be provided under the Emergency Family and
Medical Leave Expansion Act (including the amendments made by
such Act).
(g) Application of Section.--This section shall apply only to wages
paid with respect to the period beginning on a date selected by the
Secretary of the Treasury (or the Secretary's delegate) which is during
the 15-day period beginning on the date of the enactment of this Act,
and ending on December 31, 2020.
(h) Transfers to Federal Old-Age and Survivors Insurance Trust
Fund.--There are hereby appropriated to the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability Insurance
Trust Fund established under section 201 of the Social Security Act (42
U.S.C. 401) and the Social Security Equivalent Benefit Account
established under section 15A(a) of the Railroad Retirement Act of 1974
(45 U.S.C. 231n-1(a)) amounts equal to the reduction in revenues to the
Treasury by reason of this section (without regard to this subsection).
Amounts appropriated by the preceding sentence shall be transferred
from the general fund at such times and in such manner as to replicate
to the extent possible the transfers which would have occurred to such
Trust Fund or Account had this section not been enacted.
SEC. 7004. CREDIT FOR FAMILY LEAVE FOR CERTAIN SELF-EMPLOYED
INDIVIDUALS.
(a) Credit Against Self-employment Tax.--In the case of an eligible
self-employed individual, there shall be allowed as a credit against
the tax imposed by subtitle A of the Internal Revenue Code of 1986 for
any taxable year an amount equal to 100 percent of the qualified family
leave equivalent amount with respect to the individual.
(b) Eligible Self-employed Individual.--For purposes of this
section, the term ``eligible self-employed individual'' means an
individual who--
(1) regularly carries on any trade or business within the
meaning of section 1402 of such Code, and
(2) would be entitled to receive paid leave during the
taxable year pursuant to the Emergency Family and Medical Leave
Expansion Act if the individual were an employee of an employer
(other than himself or herself).
(c) Qualified Family Leave Equivalent Amount.--For purposes of this
section--
(1) In general.--The term ``qualified family leave
equivalent amount'' means, with respect to any eligible self-
employed individual, an amount equal to the product of--
(A) the number of days (not to exceed 50) during
the taxable year that the individual is unable to
perform services in any trade or business referred to
in section 1402 of such Code for a reason with respect
to which such individual would be entitled to receive
paid leave as described in subsection (b), multiplied
by
(B) the lesser of--
(i) 67 percent of the average daily self-
employment income of the individual for the
taxable year, or
(ii) $200.
(2) Average daily self-employment income.--For purposes of
this subsection, the term ``average daily self-employment
income'' means an amount equal to--
(A) the net earnings from self-employment income of
the individual for the taxable year, divided by
(B) 260.
(d) Special Rules.--
(1) Credit refundable.--
(A) In general.--The credit determined under this
section shall be treated as a credit allowed to the
taxpayer under subpart C of part IV of subchapter A of
chapter 1 of such Code.
(B) Treatment of payments.--For purposes of section
1324 of title 31, United States Code, any refund due
from the credit determined under this section shall be
treated in the same manner as a refund due from a
credit provision referred to in subsection (b)(2) of
such section.
(2) Documentation.--No credit shall be allowed under this
section unless the individual maintains such documentation as
the Secretary of the Treasury (or the Secretary's delegate) may
prescribe to establish such individual as an eligible self-
employed individual.
(3) Denial of double benefit.--In the case of an individual
who receives wages (as defined in section 3121(a) of the
Internal Revenue Code of 1986) or compensation (as defined in
section 3231(e) of the Internal Revenue Code) paid by an
employer which are required to be paid by reason of the
Emergency Family and Medical Leave Expansion Act, the qualified
family leave equivalent amount otherwise described in
subsection (c) shall be reduced (but not below zero) to the
extent that the sum of the amount described in such subsection
and in section 7003(b)(1) exceeds $10,000.
(4) Certain terms.--Any term used in this section which is
also used in chapter 2 of the Internal Revenue Code of 1986
shall have the same meaning as when used in such chapter.
(5) References to emergency family and medical leave
expansion act.--Any reference in this section to the Emergency
Family and Medical Leave Expansion Act shall be treated as
including a reference to the amendments made by such Act.
(e) Application of Section.--Only days occurring during the period
beginning on a date selected by the Secretary of the Treasury (or the
Secretary's delegate) which is during the 15-day period beginning on
the date of the enactment of this Act, and ending on December 31, 2020,
may be taken into account under subsection (c)(1)(A).
(f) Application of Credit in Certain Possessions.--
(1) Payments to possessions with mirror code tax systems.--
The Secretary of the Treasury (or the Secretary's delegate)
shall pay to each possession of the United States which has a
mirror code tax system amounts equal to the loss (if any) to
that possession by reason of the application of the provisions
of this section. Such amounts shall be determined by the
Secretary of the Treasury (or the Secretary's delegate) based
on information provided by the government of the respective
possession.
(2) Payments to other possessions.--The Secretary of the
Treasury (or the Secretary's delegate) shall pay to each
possession of the United States which does not have a mirror
code tax system amounts estimated by the Secretary of the
Treasury (or the Secretary's delegate) as being equal to the
aggregate benefits (if any) that would have been provided to
residents of such possession by reason of the provisions of
this section if a mirror code tax system had been in effect in
such possession. The preceding sentence shall not apply unless
the respective possession has a plan, which has been approved
by the Secretary of the Treasury (or the Secretary's delegate),
under which such possession will promptly distribute such
payments to its residents.
(3) Mirror code tax system.--For purposes of this section,
the term ``mirror code tax system'' means, with respect to any
possession of the United States, the income tax system of such
possession if the income tax liability of the residents of such
possession under such system is determined by reference to the
income tax laws of the United States as if such possession were
the United States.
(4) Treatment of payments.--For purposes of section 1324 of
title 31, United States Code, the payments under this section
shall be treated in the same manner as a refund due from a
credit provision referred to in subsection (b)(2) of such
section.
(e) Regulations.--The Secretary of the Treasury (or the Secretary's
delegate) shall prescribe such regulations or other guidance as may be
necessary to carry out the purposes of this section, including--
(1) regulations or other guidance to prevent the avoidance
of the purposes of this Act, and
(2) regulations or other guidance to minimize compliance
and record-keeping burdens under this section.
SEC. 7005. SPECIAL RULE RELATED TO TAX ON EMPLOYERS.
(a) In General.--Any wages required to be paid by reason of the
Emergency Paid Sick Leave Act and the Emergency Family and Medical
Leave Expansion Act shall not be considered wages for purposes of
section 3111(a) of the Internal Revenue Code of 1986 or compensation
for purposes of section 3221(a) of such Code.
(b) Allowance of Credit for Hospital Insurance Taxes.--
(1) In general.--The credit allowed by section 7001 and the
credit allowed by section 7003 shall each be increased by the
amount of the tax imposed by section 3111(b) of the Internal
Revenue Code of 1986 on qualified sick leave wages, or
qualified family leave wages, for which credit is allowed under
such section 7001 or 7003 (respectively).
(2) Denial of double benefit.--For denial of double benefit
with respect to the credit increase under paragraph (1), see
sections 7001(e)(1) and 7003(e)(1).
(c) Transfers to Federal Old-Age and Survivors Insurance Trust
Fund.--There are hereby appropriated to the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability Insurance
Trust Fund established under section 201 of the Social Security Act (42
U.S.C. 401) and the Social Security Equivalent Benefit Account
established under section 15A(a) of the Railroad Retirement Act of 1974
(45 U.S.C. 231n-1(a)) amounts equal to the reduction in revenues to the
Treasury by reason of this section (without regard to this subsection).
Amounts appropriated by the preceding sentence shall be transferred
from the general fund at such times and in such manner as to replicate
to the extent possible the transfers which would have occurred to such
Trust Fund or Account had this section not been enacted.
DIVISION H--BUDGETARY EFFECTS
SEC. 8001. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of division
B and each succeeding division shall not be entered on either PAYGO
scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-
You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of division B
and each succeeding division shall not be entered on any PAYGO
scorecard maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of division B and
each succeeding division shall not be estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
Passed the House of Representatives March 14 (legislative
day March 13), 2020.
Attest:
CHERYL L. JOHNSON,
Clerk.
By Gloria J. Lett,
Deputy Clerk.