Families First Coronavirus Response Act
This bill responds to the COVID-19 (i.e., coronavirus disease 2019) outbreak by providing paid sick leave, tax credits, and free COVID-19 testing; expanding food assistance and unemployment benefits; and increasing Medicaid funding.
DIVISION A--SECOND CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020
Second Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020
This division provides FY2020 supplemental appropriations for federal agencies to respond to the COVID-19 outbreak.
The supplemental appropriations are designated as emergency spending, which is exempt from discretionary spending limits.
TITLE I--DEPARTMENT OF AGRICULTURE
This title provides appropriations to the Department of Agriculture (USDA) for
(Sec. 1101) This section allows USDA to approve state plans to provide emergency Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) benefits to households with children who would otherwise receive free or reduced-price school meals if their schools were not closed due to the COVID-19 public health emergency. The child's school must be closed for at least five consecutive days for the household to be eligible for benefits. States may provide the benefits using the Electronic Benefit Transfer system.
(Sec. 1102) This section provides appropriations to USDA for grants to the Northern Mariana Islands, Puerto Rico, and American Samoa for nutrition assistance in response to a COVID-19 public health emergency.
TITLE II--DEPARTMENT OF DEFENSE
This title provides appropriations to the Defense Health Program for COVID-19 diagnostic testing and services.
TITLE III--DEPARTMENT OF THE TREASURY
This title provides appropriations to the Internal Revenue Service to implement the tax credits included in this bill.
TITLE IV--DEPARTMENT OF HEALTH AND HUMAN SERVICES
This title provides appropriations to the Indian Health Service for COVID-19 diagnostic testing and services.
TITLE V--DEPARTMENT OF HEALTH AND HUMAN SERVICES
This title provides appropriations to the Administration for Community Living for nutrition programs that assist the elderly.
The title also provides appropriations to the Public Health and Social Services Emergency Fund. The funds are provided for the National Disaster Medical System to reimburse the costs of providing COVID-19 diagnostic testing and services to individuals without health insurance.
TITLE VI--DEPARTMENT OF VETERANS AFFAIRS
This title provides appropriations to the Veterans Health Administration for COVID-19 diagnostic testing and services.
TITLE VII--GENERAL PROVISIONS--THIS ACT
(Sec. 1701) This section requires agencies that receive funding in this division to report to Congress regarding the anticipated uses of the funds.
(Sec. 1702) This section requires state and local governments that receive funding or assistance in this division to ensure that (1) the respective State Emergency Operations Center receives regular and real-time reporting on aggregated data on testing and results from state and local public health departments, and (2) the data is transmitted to the Centers for Disease Control and Prevention.
(Sec. 1703) This section specifies that the funds provided by this division are in addition to funds otherwise appropriated for the fiscal year involved.
(Sec. 1704) Funds provided by this division may not remain available beyond the current fiscal year, unless this division provides otherwise.
(Sec. 1705) Unless otherwise specified by this division, the funds provided by this division are subject to the authorities and conditions that apply to the applicable appropriations account for FY2020.
(Sec. 1706) This section provides that amounts designated by this division as emergency requirements are only available (or rescinded, if applicable) if the President subsequently designates the amounts and transmits the designations to Congress.
(Sec. 1707) This section specifies that the emergency funds that are transferred pursuant to this division retain the emergency designation.
DIVISION B--NUTRITION WAIVERS
This division expands food and nutrition programs of the Department of Agriculture (USDA) due to COVID-19.
TITLE I--MAINTAINING ESSENTIAL ACCESS TO LUNCH FOR STUDENTS ACT
Maintaining Essential Access to Lunch for Students Act or the MEALS Act
(Sec. 2102) This title modifies USDA food and nutrition programs to allow certain waivers of requirements for the school meal programs, including waivers that increase federal costs during a COVID-19-related school closure. Such waivers must be requested by a state or service provider and be for purposes of providing meals and snacks during such a closure.
TITLE II--COVID-19 CHILD NUTRITION RESPONSE ACT
COVID-19 Child Nutrition Response Act
(Sec. 2202) This section authorizes USDA to
(Sec. 2203) USDA may
State agencies must submit waiver requests to USDA.
(Sec. 2204) USDA may also grant waivers from administrative requirements for WIC if it determines that (1) the requirement cannot be met by a state due to COVID-19, and (2) the waiver is necessary to provide assistance under WIC.
TITLE III--SNAP WAIVERS
(Sec. 2301) This section temporarily suspends work requirements under the Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) during a public health emergency declaration due to COVID-19, allowing participants who would have lost eligibility due to such requirements to continue to receive SNAP benefits.
(Sec. 2302) This section provides for emergency SNAP benefits during a public health emergency declaration due to COVID-19.
States may request waivers from USDA to provide emergency allotments to households participating in SNAP to address temporary food needs not greater than the applicable maximum monthly allotment for the household size. State requests must be supported with sufficient data.
USDA may adjust (through guidance or based on states' requests) administrative requirements such as issuance methods and reporting requirements to be consistent with what is practicable under actual conditions in affected areas.
DIVISION C--EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT
Emergency Family and Medical Leave Expansion Act
(Sec. 3102) This section permits employees to take public health emergency leave through December 31, 2020, to care for the employee's child during a COVID-19 (i.e., coronavirus disease 2019) public-health emergency. Specifically, employers of fewer than 500 workers must provide up to 12 weeks paid leave for an employee who cannot work because the school or child-care provider of that employee's child is closed as a result of a public-health emergency.
Employers are not required to pay employees for the first 10 days of such public health emergency leave. However, an employee may use accrued paid leave during such time. After the first 10 days, employers must pay not less than two-thirds of an employee's regular pay for the number of hours per week the employee normally works. The maximum amount of compensation for such leave is $200 per day and $10,000 in aggregate.
Further, employers are generally required to restore an employee's former position following the use of public health emergency leave unless, the employer (1) has fewer than 25 workers and (2) has made reasonable efforts to retain the employee's position but such position no longer exists due to economic conditions caused by such public health emergency.
With a finding of good cause, the Department of Labor may (1) exclude certain health care providers and emergency responders from eligibility for public health emergency leave, and (2) exempt employers with fewer than 50 employees if the requirements of this section would place the viability of that business at risk.
(Sec. 3103) Employers subject to multiemployer bargaining agreements may make contributions to a multiemployer fund to fulfill the employer's obligations under this division and employees may secure compensation from such fund for leave taken subject to this division.
(Sec. 3104) Employers with fewer than 50 employees for each working day during each of at least 20 workweeks during the preceding year are not subject to civil liability for a violation of this division.
(Sec. 3105) Employers of health care providers or emergency responders may exclude employees from the requirements of this division.
(Sec. 3106) This division takes effect not later than 15 days after enactment.
DIVISION D--EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION AND ACCESS ACT OF 2020
Emergency Unemployment Insurance Stabilization and Access Act of 2020
(Sec. 4102) This section funds emergency grants for FY2020 to administer unemployment programs in states meeting certain requirements. The amount of available funds for each state is based on the Department of Labor's determination of the proportion of the total taxable wages attributable to a state during the preceding year. Each state receives 50% of such determined amount if the state
Additionally, a state receives the remaining 50% of such funds if, among other requirements
(Sec. 4103) This section suspends the accrual of interest through December 31, 2020, on federal payments made to states for assistance with unemployment compensation.
(Sec. 4104) Labor must assist states in raising public awareness about available short-time compensation programs and provide technical assistance and guidance for such programs.
(Sec. 4105) This section increases to 100% the federal share of payments to states for extended and regular unemployment compensation through December 31, 2020.
DIVISION E--EMERGENCY PAID SICK LEAVE ACT
Emergency Paid Sick Leave Act
(Sec. 5102) This section requires employers to provide paid sick time to employees who are unable to work due to the effects of COVID-19 (i.e., coronavirus disease 2019). Specifically, full-time employees are entitled to 80 hours of paid sick time, which is available immediately, for use if the employee
Paid sick time under this section may be used before other paid leave that may be available to an employee. Part-time employees are entitled to such paid sick time for the average number of hours the part-time employee works during an average two-week period. Paid sick time under this section may not carry over from one year to the next.
(Sec. 5103) Employers must provide conspicuous notice in the workplace of the emergency paid sick time requirements under this division and Labor must provide publicly-available models of such notice not later than seven days after the enactment of this division.
(Sec. 5104) Employers are prohibited from taking adverse actions against employees who take leave under this division or take actions to enforce the requirements of this division.
(Sec. 5105) Employers who violate the emergency paid sick time requirements are subject to fines and imprisonment pursuant to the Fair Labor Standards Act of 1938.
(Sec. 5106) Employers subject to multiemployer bargaining agreements may make contributions to a multiemployer fund to fulfill the employer's obligations under this division and employees may secure compensation from such fund for emergency paid sick time used subject to this division.
(Sec. 5107) This division does not affect employer rights or benefits under any other law, collective bargaining agreement, or existing employer policy. Employers are not required to pay employees for unused emergency paid sick time if an employee resigns, retires, or is terminated.
(Sec. 5108) The emergency paid sick time requirements take effect not later than 15 days after the enactment of this division.
(Sec. 5109) The emergency paid sick time requirements expire on December 31, 2020.
(Sec. 5110) Employers with fewer than 500 employees and federal, state, and local public agencies are subject to the requirements of this division. Employers must pay the regular rate of pay up to
(Sec. 5111) With a finding of good cause, Labor may (1) exclude certain health care providers and emergency responders from eligibility for emergency paid sick leave, and (2) exempt employers with fewer than 50 employees if the requirements of this division would place the viability of that business at risk.
DIVISION F--HEALTH PROVISIONS
(Sec. 6001) This section requires private health insurance to cover testing for COVID-19 without imposing cost-sharing (e.g., deductibles, coinsurance, or copayments) for the duration of the public health emergency declared on January 31, 2020. This coverage includes the cost of administering such approved tests and related visits to health care providers.
(Sec. 6002) This section requires Medicare to cover, without cost-sharing, visits to health care providers that relate to COVID-19 testing during the public health emergency.
(Sec. 6003) Medicare Advantage (MA) plans must also cover COVID-19 testing and related visits without cost-sharing during the public health emergency. MA plans are also prohibited from instituting prior authorization or other utilization management requirements with respect to coverage of such services.
(Sec. 6004) Additionally, COVID-19 testing and related visits must be covered without cost-sharing under the Children's Health Insurance Program (CHIP) and Medicaid during the public health emergency.
State Medicaid programs may also cover COVID-19 testing and related visits for uninsured individuals during this period. The section applies a 100% Federal Medical Assistance Percentage (FMAP) to such coverage.
(Sec. 6005) This section extends targeted liability protection to certain manufacturers, distributors, prescribers, and users of approved respiratory protective devices that are (1) subject to specified emergency use authorizations; and (2) used during the period beginning on January 27, 2020, and ending on October 1, 2024. (Emergency use authorizations allow for the use of unapproved drugs, biological products, or devices, or for the unapproved use of such products, to respond to a declared emergency.)
(Sec. 6006) During the emergency period, the Department of Defense (i.e., TRICARE) and Department of Veterans Affairs are also prohibited from requiring cost-sharing for COVID-19 testing and related visits. Additionally, individuals in civil service (i.e., all appointive positions in the executive, judicial, and legislative branches, excluding the uniformed services) who are enrolled in a health benefits plan shall not be subject to cost-sharing requirements for such services.
(Sec. 6007) This section requires the Department of Health and Human Services to cover, during the public health emergency and without cost-sharing, COVID-19 testing and related visits for Native Americans, including Alaska Natives, who receive health services through the Indian Health Service (IHS), regardless of whether the COVID-19 services are covered under IHS.
(Sec. 6008) This section increases the Medicaid FMAP for all states and U.S. territories during the public health emergency, in accordance with specified conditions. For example, in order to receive the increased FMAP, a state Medicaid program may not require standards for eligibility that are more restrictive than the standards that were in effect on January 1, 2020.
(Sec. 6009) This section increases Medicaid funding for U.S. territories for FY2020-FY2021.
DIVISION G--TAX CREDITS FOR PAID SICK AND PAID FAMILY AND MEDICAL LEAVE
(Sec. 7001) This section allows a credit against payroll taxes for 100% of the employer-paid qualified sick leave wages paid each calendar quarter, subject to specified limitation. The amount of sick leave wages taken into account for purposes of the credit may not exceed $200 for any employee ($511 per day employees as defined under the Emergency Paid Sick Leave Act) and the aggregate number of days taken into account is limited to 10, over the number of days taken into account for preceding calendar quarters.
Transfers from the general fund of the Treasury are authorized to cover reductions in revenue resulting from this credit.
(Sec. 7002) This section allows a refundable income tax credit for 100% of sick leave amounts of self-employed individuals under the Emergency Paid Sick Leave Act. For other employees, the credit percentage is 67.
Self-employed individuals must maintain documentation prescribed by the Internal Revenue Service to establish eligibility for the credit.
(Sec. 7003) This section allows an employer a 100% payroll tax credit for qualified family leave wages paid by such employer for each calendar quarter. The amount of qualified family leave wages that may be taken into account for each employee is limited to $200 per day and $10,000 for all calendar quarters.
Transfers from the general fund of the Treasury are authorized to cover reductions in revenue resulting from this credit.
(Sec. 7004) This section allows a refundable income tax credit for 100% of the qualified family leave amounts of self-employed individuals, subject to a specified formula for determining the leave amounts.
Self-employed individuals must maintain documentation prescribed by the Internal Revenue Service to establish eligibility for the credit.
(Sec. 7005) This section provides that wages required to be paid to employees under the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act shall not be considered wages for purposes of the Federal Insurance Contributions Act (FICA). Transfers to specified Social Security trust funds are authorized to cover reductions in revenues.
DIVISION H--BUDGETARY EFFECTS
(Sec. 8001) This section exempts the budgetary effects of division B and each succeeding division of this bill from (1) the Statutory Pay-As-You-Go (PAYGO) Act of 2010, (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules.
[116th Congress Public Law 127]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 177]]
FAMILIES FIRST CORONAVIRUS
RESPONSE ACT
[[Page 134 STAT. 178]]
Public Law 116-127
116th Congress
An Act
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2020, and for other purposes. <<NOTE: Mar. 18,
2020 - [H.R. 6201]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Families First
Coronavirus Response Act.>>
SECTION 1. <<NOTE: 29 USC 2601 note.>> 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. <<NOTE: 1 USC 1 note.>> 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 <<NOTE: Second Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020.>> --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:
[[Page 134 STAT. 179]]
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. <<NOTE: Time periods. 7 USC 2011 note.>> (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) <<NOTE: Plans.>> 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 <<NOTE: Determination.>> 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) <<NOTE: Time period.>> 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
[[Page 134 STAT. 180]]
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. <<NOTE: Grants. Territories.>> 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.
[[Page 134 STAT. 181]]
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.
[[Page 134 STAT. 182]]
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 <<NOTE: Coordination.>> 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:
<<NOTE: Definition.>> 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.
[[Page 134 STAT. 183]]
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. <<NOTE: Reports.>> 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, <<NOTE: Cost
estimates.>> 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: <<NOTE: Plan. Time period.>> 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. <<NOTE: State and local
government. Data. Determination.>> 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.
[[Page 134 STAT. 184]]
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. <<NOTE: President.>> 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 <<NOTE: Maintaining Essential Access to Lunch for Students
Act.>> --MAINTAINING ESSENTIAL ACCESS TO LUNCH FOR STUDENTS ACT
SEC. 2101. <<NOTE: 42 USC 1751 note.>> SHORT TITLE.
This title may be cited as the ``Maintaining Essential Access to
Lunch for Students Act'' or the ``MEALS Act''.
SEC. 2102. <<NOTE: 42 USC 1760 note.>> 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.
[[Page 134 STAT. 185]]
TITLE II-- <<NOTE: COVID-19 Child Nutrition Response Act.>> COVID--19
CHILD NUTRITION RESPONSE ACT
SEC. <<NOTE: 42 USC 1751 note.>> 2201. SHORT TITLE.
This title may be cited as the ``COVID-19 Child Nutrition Response
Act''.
SEC. 2202. <<NOTE: 42 USC 1760 note.>> 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) <<NOTE: Summary.>> A summary of the use of such waiver
by the State and eligible service providers.
[[Page 134 STAT. 186]]
(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. <<NOTE: 42 USC 1786 note.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Summary.>> 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
[[Page 134 STAT. 187]]
waiver, submit a report to the Secretary that includes the
following:
(A) <<NOTE: Summary.>> 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) <<NOTE: Definition. Determination.>> 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) <<NOTE: Summary.>> 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. <<NOTE: Effective date. Time period. 7 USC 2011
note.>> 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
[[Page 134 STAT. 188]]
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) <<NOTE: Effective date.>> 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. <<NOTE: 7 USC 2011 note.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Deadline. Web posting.>> 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) <<NOTE: Reports. Recommenda- tions.>> 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
[[Page 134 STAT. 189]]
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 <<NOTE: Emergency Family and Medical Leave Expansion
Act.>> --EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT
SEC. 3101. <<NOTE: 29 USC 2601 note.>> 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) <<NOTE: Time period.>> 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. <<NOTE: 29 USC 2620.>> PUBLIC HEALTH EMERGENCY LEAVE.
``(a) <<NOTE: Applicability.>> 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
[[Page 134 STAT. 190]]
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)).
[[Page 134 STAT. 191]]
``(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) <<NOTE: Time period.>> 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.''.
[[Page 134 STAT. 192]]
SEC. 3103. <<NOTE: 29 USC 2620 note.>> 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. <<NOTE: 29 USC 2620 note.>> 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. <<NOTE: 29 USC 2620 note.>> 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. <<NOTE: 29 USC 2620 note.>> EFFECTIVE DATE.
This Act shall take effect not later than 15 days after the date of
enactment of this Act.
DIVISION <<NOTE: Emergency Unemployment Insurance Stabilization and
Access Act of 2020.>> D--EMERGENCY UNEMPLOYMENT INSURANCE STABILIZATION
AND ACCESS ACT OF 2020
SEC. <<NOTE: 42 USC 1305 note.>> 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:
[[Page 134 STAT. 193]]
``Emergency Transfers in Fiscal Year 2020 for Administration
``(h)(1)(A) <<NOTE: Grants.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Certifications.>> Of the emergency administration
grant determined under subparagraph (B) with respect to a State--
``(i) <<NOTE: Deadline.>> 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) <<NOTE: Requirements. Notification.>> 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) <<NOTE: Requirements.>> 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.
[[Page 134 STAT. 194]]
``(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) <<NOTE: Reports.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: 26 USC 3304 note.>> 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) <<NOTE: 42 USC 1103 note.>> 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. <<NOTE: Time period.>> 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. <<NOTE: 26 USC 3306 note.>> 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.
[[Page 134 STAT. 195]]
SEC. 4105. <<NOTE: 26 USC 3304 note.>> FULL FEDERAL FUNDING OF
EXTENDED UNEMPLOYMENT COMPENSATION FOR A
LIMITED PERIOD.
(a) <<NOTE: Applicability.>> 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 <<NOTE: Emergency Paid Sick Leave Act.>> --EMERGENCY PAID
SICK LEAVE ACT
SEC. <<NOTE: 29 USC 2601 note.>> 5101. SHORT TITLE.
This Act may be cited as the ``Emergency Paid Sick Leave Act''.
SEC. <<NOTE: 29 USC 2601 note.>> 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
[[Page 134 STAT. 196]]
has been closed, or the child care provider of such son or
daughter is unavailable, due to COVID-19 precautions.
(6) <<NOTE: Consultation.>> 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. <<NOTE: 29 USC 2601 note.>> 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) <<NOTE: Public information.>> 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. <<NOTE: 29 USC 2601 note.>> 5104. PROHIBITED ACTS.
It shall be unlawful for any employer to discharge, discipline, or
in any other manner discriminate against any employee who--
[[Page 134 STAT. 197]]
(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. <<NOTE: 29 USC 2601 note.>> 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. <<NOTE: 29 USC 2601 note.>> 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. <<NOTE: 29 USC 2601 note.>> 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.
[[Page 134 STAT. 198]]
SEC. <<NOTE: 29 USC 2601 note.>> 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. <<NOTE: 29 USC 2601 note.>> SUNSET.
This Act, and the requirements under this Act, shall expire on
December 31, 2020.
SEC. <<NOTE: 29 USC 2601 note.>> 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.--
[[Page 134 STAT. 199]]
(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--
[[Page 134 STAT. 200]]
(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) <<NOTE: Time period.>> 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
[[Page 134 STAT. 201]]
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. <<NOTE: 29 USC 2601 note.>> 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. <<NOTE: 42 USC 1320b-5 note.>> COVERAGE OF TESTING FOR
COVID-19.
(a) <<NOTE: Effective date.>> 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.
[[Page 134 STAT. 202]]
(b) <<NOTE: Application.>> 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) <<NOTE: Effective date.>> is furnished
during any portion of the emergency period (as
defined in section 1135(g)(1)(B))
[[Page 134 STAT. 203]]
(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) <<NOTE: 42 USC 1395l note.>> 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) <<NOTE: 42 USC 1395l note.>> 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.
SEC. 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:
[[Page 134 STAT. 204]]
``(IV) <<NOTE: Effective date.>>
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 <<NOTE: Effective
date.>> 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) <<NOTE: 42 USC 1395w-22 note.>> 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.
SEC. 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) <<NOTE: Effective date.>> 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--
[[Page 134 STAT. 205]]
(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) <<NOTE: Effective date.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Applicability. 42 USC 1396o note.>>
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) <<NOTE: Effective date.>>
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) <<NOTE: Effective date.>> 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
[[Page 134 STAT. 206]]
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 <<NOTE: Effective date.>> 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--
[[Page 134 STAT. 207]]
(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;
(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) <<NOTE: Time period.>> 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. <<NOTE: Effective date.>> APPLICATION WITH RESPECT TO
TRICARE, COVERAGE FOR VETERANS, AND
COVERAGE FOR FEDERAL CIVILIANS.
(a) <<NOTE: 10 USC 1074 note.>> 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) <<NOTE: 38 USC 1701 note.>> 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) <<NOTE: 5 USC 8904 note.>> 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
[[Page 134 STAT. 208]]
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. <<NOTE: Effective date. 25 USC 1621q note.>> 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. <<NOTE: Time periods. 42 USC 1396d note.>> 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
[[Page 134 STAT. 209]]
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''.
[[Page 134 STAT. 210]]
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) <<NOTE: Time period.>> 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. <<NOTE: 26 USC 3111 note.>> 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.
[[Page 134 STAT. 211]]
(c) <<NOTE: Definition.>> 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,
[[Page 134 STAT. 212]]
(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) <<NOTE: Time periods.>> 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. <<NOTE: 26 USC 1401 note.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Definitions.>> 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
[[Page 134 STAT. 213]]
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.
[[Page 134 STAT. 214]]
(e) <<NOTE: Time periods.>> 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 <<NOTE: Determination.>> 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. <<NOTE: 26 USC 3111 note.>> 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.--
[[Page 134 STAT. 215]]
(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) <<NOTE: Definition.>> 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) <<NOTE: Definition.>> 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
[[Page 134 STAT. 216]]
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) <<NOTE: Time periods.>> 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.
[[Page 134 STAT. 217]]
SEC. 7004. <<NOTE: 26 USC 1401 note.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Definition.>> 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
[[Page 134 STAT. 218]]
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) <<NOTE: Time periods.>> 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) <<NOTE: Definition.>> 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.
[[Page 134 STAT. 219]]
(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. <<NOTE: 26 USC 3111 note.>> 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
[[Page 134 STAT. 220]]
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.
Approved March 18, 2020.
LEGISLATIVE HISTORY--H.R. 6201:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 166 (2020):
Mar. 13, considered and passed House.
Mar. 18, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
Mar. 18, Presidential statement.
<all>
Referred to the Committee on Appropriations, and in addition to the Committees on the Budget, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Mrs. Lowey moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H1675-1691)
DEBATE - The House proceeded with forty minutes of debate on H.R. 6201.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 363 - 40, 1 Present (Roll no. 102).
Roll Call #102 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 363 - 40, 1 Present (Roll no. 102). (text: CR H1675-1687)
Roll Call #102 (House)Motion to reconsider laid on the table Agreed to without objection.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 6201.
Received in the Senate, read twice.
Enacted as Public Law 116-127
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Measure laid before Senate by unanimous consent. (consideration: CR S1790-1796)
Passed/agreed to in Senate: Passed Senate, under the order of 3/18/20, having achieved 60 votes in the affirmative, without amendment by Yea-Nay Vote. 90 - 8. Record Vote Number: 76.
Roll Call #76 (Senate)Passed Senate, under the order of 3/18/20, having achieved 60 votes in the affirmative, without amendment by Yea-Nay Vote. 90 - 8. Record Vote Number: 76.
Roll Call #76 (Senate)Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 116-127.
Became Public Law No: 116-127.
Engrossment Correction